{"id":"sr:community-based-sentences-transfer-regulations-2023","name":"Community Based Sentences (Transfer) Regulations 2023","slug":"community-based-sentences-transfer-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181402,"registerId":"vic-sr:community-based-sentences-transfer-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Based Sentences (Transfer) Regulations 2023","content":"Version No. 001\n\n**Community Based Sentences (Transfer) Regulations 2023**\n\n**S.R. No. 56/2023**\n\nVersion as at  \n24 June 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\n6 Participating jurisdictions 2\n\n7 Prescribed details for entries in local register 2\n\n8 Prescribed sentence 3\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Explanatory details 7\n\n**Version No.** **001**\n\n**Community Based Sentences (Transfer) Regulations 2023**\n\n**S.R. No. 56/2023**\n\nVersion as at  \n24 June 2023\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\n(a) jurisdictions that are participating jurisdictions for the purposes of the **Community Based Sentences (Transfer) Act 2012**; and\n\n(b) details that the local authority must enter in the local register when registering an interstate sentence in Victoria; and\n\n(c) sentences that are community based sentences.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 28 of the **Community Based Sentences (Transfer) Act 2012**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 24 June 2023.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Community Based Sentences (Transfer) Regulations 2013[[1]](#endnote-1);\n\n(b) the Community Based Sentences (Transfer) Amendment Regulations 2022[[2]](#endnote-2).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***drug and alcohol treatment order***  has the same meaning as in the **Sentencing Act 1991**;\n\n***the Act***  means the **Community Based Sentences (Transfer) Act 2012**.\n\n\t6 Participating jurisdictions\n\nFor the purposes of section 6(2) of the Act, the following jurisdictions are prescribed to be participating jurisdictions—\n\n(a) the Australian Capital Territory;\n\n(b) New South Wales;\n\n(c) Tasmania;\n\n(d) Western Australia;\n\n(e) South Australia;\n\n(f) Queensland;\n\n(g) the Northern Territory.\n\n\t7 Prescribed details for entries in local register\n\nFor the purposes of section 19 of the Act, the prescribed details are—\n\n(a) the following details regarding the offender—\n\n(i) the offender's given names and surname;\n\n(ii) the offender's aliases (if any);\n\n(iii) the offender's date of birth; and\n\n(b) the following details regarding the interstate sentence—\n\n(i) the name of the type of sentence in the participating jurisdiction;\n\n(ii) the name of the type of sentence that is the corresponding community based sentence under the law of Victoria;\n\n(iii) the name of the court that imposed the sentence;\n\n(iv) the length of the sentence (including the length of each part of the sentence);\n\n(v) the date on which the sentence was imposed;\n\n(vi) the date specified in the sentence as the date on which the sentence commences (if any);\n\n(vii) the date on which the offender first reported for the sentence in the participating jurisdiction;\n\n(viii) the period of the sentence that remains and is to be served in Victoria;\n\n(ix) any condition to which the sentence is subject;\n\n(x) details of any previous registration of the sentence in another participating jurisdiction.\n\n\t8 Prescribed sentence\n\nFor the purposes of section 5(a)(ii) of the Act, a drug and alcohol treatment order is a prescribed sentence.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Community Based Sentences (Transfer) Regulations 2023, S.R. No. 56/2023 were made on 20 June 2023 by the Governor in Council under section 28 of the **Community Based Sentences (Transfer) Act 2012**, No. 59/2012 and came into operation on 24 June 2023: regulation 3.\n\nThe Community Based Sentences (Transfer) Regulations 2023 will sunset 10 years after the day of making on 20 June 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Community Based Sentences (Transfer) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 78/2013 as amended by S.R. No. 92/2022. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 92/2022. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Regulations are implementation-focused and do not broaden the substantive scope of the principal Act. They replace earlier subordinate instruments (revoking the 2013 Regulations and a 2022 amendment) and update the list of participating jurisdictions, the precise register fields to be recorded, and explicitly include drug and alcohol treatment orders as prescribed community-based sentences. Those steps clarify and operationalise the Act rather than expand its legal reach; they mainly reorganise and restate administrative requirements rather than add new substantive powers or obligations beyond what the Act contemplates."},"complexity_factors":["Short instrument: 8 regulations only (regs 1–8) plus endnotes","Very small number of defined terms (two: ‘drug and alcohol treatment order’ aliasing Sentencing Act 1991, and ‘the Act’) (reg 5)","Single substantive cross-references to the principal Act (Community Based Sentences (Transfer) Act 2012) and to the Sentencing Act 1991 (regs 2, 5, 6–8)","Prescribed lists: one list of 7 participating jurisdictions (reg 6) and a fourteen-item + ten-item style list of required register details for offender and sentence data (reg 7(a)–(b)(i–x))","Simple yes/no designation of a prescribed sentence type (reg 8)","Revocation of two prior instruments (reg 4) and a fixed commencement date (reg 3)","Endnote indicates a 10-year sunset (delegated in Subordinate Legislation Act), adding a temporal element to lifecycle management"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- They list which Australian jurisdictions take part in the interstate transfer scheme for community-based sentences under the Community Based Sentences (Transfer) Act 2012 (the Act). (reg 6)\n- They specify exactly what information a local Victorian authority must put in its local register when an interstate community-based sentence is registered in Victoria. That list covers personal identifiers (names, aliases, date of birth) and detailed particulars of the interstate sentence (type of sentence in the other jurisdiction and the corresponding Victorian type, sentencing court, lengths and dates, remaining period to be served in Victoria, conditions, prior registrations, etc.). (reg 7)\n- They declare that a “drug and alcohol treatment order” (as that term is defined in the Sentencing Act 1991) is a type of community-based sentence for the purposes of the Act. (reg 5 definition; reg 8)\n- They revoke the earlier 2013 Regulations and a 2022 Amendment Regulation and come into force on 24 June 2023. (regs 3–4)\n\n**Who this affects**\n\n- Offenders whose community-based sentences (including drug and alcohol treatment orders) are being transferred between a participating jurisdiction and Victoria. (regs 6, 8)\n- Victorian local authorities responsible for maintaining the local register that records registered interstate sentences; Victorian courts and relevant sentencing authorities that supply the prescribed details. (reg 7)\n- Participating-state authorities and courts who must provide the required sentence and offender details when a transfer is sought. (reg 6–7)\n\n**Why it matters (practical effect)**\n\n- It creates administrative clarity about which jurisdictions can participate in transferring community-based sentences to Victoria and what documentary and register entries are mandatory. (regs 6–7)\n- By prescribing the list of required register entries (reg 7), it standardises the data exchanged and retained when sentences move between jurisdictions, affecting recordkeeping practices and the information local authorities must collect and store.\n- By explicitly listing drug and alcohol treatment orders as a prescribed community-based sentence, it makes those orders eligible for the transfer procedures in the Act. (reg 8)\n\n**Mechanics, incentives and costs**\n\n- Who pays / who does the work: Victorian local authorities and courts do the administrative work of entering and keeping the prescribed records (reg 7). Participating jurisdictions must supply those details when requesting or responding to transfers. The Regulations do not create new penalties or fees; they impose an administrative compliance obligation. (reg 7)\n- What decisions are affected: whether an interstate sentence can be registered in Victoria depends on it being of a prescribed kind (reg 8) and the interstate jurisdiction being a participating jurisdiction (reg 6). The Act (not these Regulations) sets the substantive transfer decision framework; these Regulations supply the prescribed data and types needed to operate that framework. (regs 6–8; see reg 2 for authorisation)\n- Compliance burden: the most concrete burden is completing and maintaining a more detailed register entry (reg 7(b)(i)–(x)). That requires extracting sentencing details (dates, parts/lengths, conditions, prior registrations) from interstate records and, where applicable, tracking prior registrations in other participating jurisdictions. The Regulations therefore increase the need for accurate record transfer and inter-jurisdictional communication.\n- Implementation risk and administrative trade-offs: precise data requirements reduce ambiguity but may increase processing time where interstate records are incomplete or where differing sentence nomenclature must be mapped to Victorian equivalents (reg 7(b)(i–ii)). The requirement to record previous registrations (reg 7(b)(x)) reduces risk of duplicate registrations but creates an information-checking step.\n\n**Effects on private parties and markets**\n\n- The Regulations are administrative and procedural; they do not directly regulate private businesses, market entry, prices, or competition. They affect individual offenders’ movement of sentences between jurisdictions and the administrative practices of courts and corrective services.\n\n**Concrete limits and details**\n\n- Participating jurisdictions prescribed: ACT, NSW, Tasmania, Western Australia, South Australia, Queensland, Northern Territory. (reg 6)\n- Prescribed register entries for offender and sentence details are itemised and specific (reg 7(a)–(b)).\n- The Regulations remake and replace earlier subordinate instruments; they operate for 10 years from making unless remade (endnote: sunset). (reg 4; endnotes)\n\n**Source’s stated purpose and trade-offs**\n\n- The Regulations state their objective is to identify participating jurisdictions, prescribe register details, and specify which sentences are community-based for transfer purposes (reg 1). Mechanically, they accomplish that objective by naming jurisdictions, listing required register fields, and designating drug and alcohol treatment orders as prescribed sentences (regs 6–8). The trade-off is administrative precision and interoperability versus the extra record-collection and verification workload imposed on registrars and sentencing agencies.\n\n(References: regs 1–8; endnotes on commencement and sunset.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the original scope of the parent Act. They simply update the list of participating jurisdictions (which now includes all Australian jurisdictions), prescribe standard administrative details for the register, and add one new sentence type (drug and alcohol treatment orders). This is routine machinery-of-government updating consistent with the Act's original purpose of facilitating interstate transfer of community sentences."},"complexity_factors":["Only 8 regulations total, spanning 3 pages of substantive content","Minimal defined terms (only 2 definitions in regulation 5)","No nested exceptions or conditional logic","Straightforward lists and prescriptions without cross-referencing maze","Single authorising provision (section 28 of the parent Act)","No amendments or complex legislative history to track"],"plain_english_summary":"These regulations set the rules for transferring community-based sentences (like probation or community service) between Australian states and territories. When someone is serving a non-prison sentence in one state but needs to move to Victoria, these rules ensure their sentence can continue smoothly.\n\n**What this does:**\n- Lists which states and territories can transfer sentences to Victoria (all of them: ACT, NSW, Tasmania, WA, SA, Queensland, and NT)\n- Specifies what information Victorian authorities must record when registering a transferred sentence (offender's name, birth date, sentence type, length, conditions, etc.)\n- Adds \"drug and alcohol treatment orders\" to the list of sentences that can be transferred\n\n**Who it affects:**\n- People serving community-based sentences who need to move interstate\n- Courts and corrections staff handling sentence transfers\n- Community corrections officers supervising transferred offenders in Victoria\n\n**Why it matters:**\nWithout these rules, someone doing community service in Queensland who moves to Victoria might have their sentence disrupted or have to start over. These regulations ensure national consistency and prevent people from falling through the cracks when they relocate."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulations appear to remain consistent with their original intent — establishing administrative procedures for transferring community-based sentence supervision across Australian jurisdictions. No amendments or scope expansions are evident from the metadata provided, though the truncated nature of the source material limits certainty."},"complexity_factors":["The legislation sits beneath a parent Act, meaning readers must cross-reference the enabling legislation to fully understand the scope and powers","Inter-jurisdictional (between states/territories) legal arrangements inherently involve multiple legal systems","The source document provided is heavily truncated — only metadata and version history are visible, limiting full assessment","Regulations of this type typically include prescribed forms, timeframes, and administrative procedures that require careful reading","Low complexity overall as it is a narrow, procedural instrument rather than a broad policy law"],"plain_english_summary":"These regulations set out the framework for transferring community-based sentences (like probation, community service, or good‑behaviour bonds) between Australian states and territories. They affect people serving such sentences who need to move interstate, plus the corrections/probation services and courts that manage and supervise transfers, enabling continued compliance without imprisonment.\n\nNote: the source provided is truncated, so specific procedures, forms, fees or obligations cannot be confirmed here."}},"importantCases":[],"_links":{"self":"/api/acts/community-based-sentences-transfer-regulations-2023","history":"/api/acts/community-based-sentences-transfer-regulations-2023/history","analysis":"/api/acts/community-based-sentences-transfer-regulations-2023/analysis","conflicts":"/api/acts/community-based-sentences-transfer-regulations-2023/conflicts","importantCases":"/api/acts/community-based-sentences-transfer-regulations-2023/important-cases","documents":"/api/acts/community-based-sentences-transfer-regulations-2023/documents"}}