{"id":"nsw:sl-2022-0486","name":"Crime Commission Regulation 2022","slug":"crime-commission-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"486 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176099,"registerId":"nsw-nsw:sl-2022-0486-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Crime Commission Regulation 2022](/view/html/inforce/current/sl-2022-0486).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Crime Commission Regulation 2012](/view/html/repealed/current/sl-2012-0501), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, a reference to a person who is associated with a member of staff or an applicant has the same meaning as in the Act, section 73, as if a reference to an officer of the Commission or an applicant for a position as an officer of the Commission were a reference to a member of staff of the Commission or an applicant for a position as a member of staff of the Commission.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Staff of the Commission","content":"# Part 2 Staff of the Commission\n\nPart 2 Staff of the Commission","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Security clearances","content":"#### 4 Security clearances\n\n4 Security clearances\n\n> > (1) For the Act, section 74(6), it is a condition of employment that a member of staff obtain and maintain—\n> > \n> > > (a) a security clearance issued by the Commissioner, and\n> > \n> > > (b) a security clearance issued by the Australian Government Security Vetting Agency that the Commissioner determines is necessary for the position.\n> \n> > (2) A member of staff whose engagement or employment commenced before this Regulation commences is taken to have obtained a security clearance issued by the Commissioner.\n> \n> > (3) In deciding whether to issue or revoke a security clearance, the Commissioner must have regard to the following—\n> > \n> > > (a) relationships and affiliations that the member of staff, or a person who is connected with the member of staff, has with persons, groups and organisations,\n> > \n> > > (b) the member of staff’s financial circumstances, including any history of gambling,\n> > \n> > > (c) the member of staff’s consumption of alcohol and use of drugs, including drugs that are lawfully obtained and used,\n> > \n> > > (d) the member of staff’s health, including the member of staff’s mental health,\n> > \n> > > (e) the member of staff’s criminal history, including alleged offences in relation to which the member of staff has not been charged, prosecuted or convicted,\n> > \n> > > (f) the member of staff’s history of compliance with requirements relating to the security and protection of property, information and other assets to which the member of staff had access—\n> > > \n> > > > (i) in the course of the member of staff’s employment or engagement with the Commission, or\n> > > \n> > > > (ii) in the course of previous employment, or\n> > > \n> > > > (iii) as a contractor providing goods or services to a public authority of the State, the Commonwealth, another State or a Territory,\n> > \n> > > (g) other matters relevant to assessing the member of staff’s suitability to be granted access to confidential or sensitive information held by the Commission, including personal conduct or other circumstances that may increase the risk of the member of staff being targeted for blackmail, coercion or bribery.\n> \n> > (4) The Commissioner may terminate the engagement or employment of a member of staff who has had a security clearance referred to in subsection (1) revoked.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Vetting of members of staff","content":"#### 5 Vetting of members of staff\n\n5 Vetting of members of staff\n\n> > (1) For the Act, section 74(6), it is a condition of employment that a member of staff consent to—\n> > \n> > > (a) the Commissioner requesting a public authority or other person or body to disclose vetting information about the member of staff to the Commissioner, and\n> > \n> > > (b) the public authority or other person or body disclosing the vetting information to the Commissioner.\n> \n> > (2) In deciding whether to terminate the engagement or employment of a member of staff, the Commissioner may have regard to vetting information.\n> \n> > (3) In this section—\n> > \n> > public authority has the same meaning as in the Act, section 78A.\n> > \n> > vetting information has the same meaning as in the Act, section 78A.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Statement of personal particulars to be given to Commissioner","content":"#### 6 Statement of personal particulars to be given to Commissioner\n\n6 Statement of personal particulars to be given to Commissioner\n\n> > (1) For the Act, sections 74(6) and 77, it is a condition of employment that a member of staff comply with—\n> > \n> > > (a) a request made under subsection (2), and\n> > \n> > > (b) the requirements specified in subsections (3) and (4).\n> \n> > (2) The Commissioner may request, at any time, that a member of staff, or an applicant for a position as a member of staff, give the Commissioner a statement of personal particulars, in the approved form, that relates to—\n> > \n> > > (a) the member of staff or applicant, or\n> > \n> > > (b) a person who is associated with the member of staff or applicant.\n> \n> > (3) The statement must be accompanied by the following, in the approved form—\n> > \n> > > (a) a statutory declaration disclosing current or former associations that the member of staff or applicant has with—\n> > > \n> > > > (i) known criminals, and\n> > > \n> > > > (ii) persons who the member of staff or applicant reasonably suspects have committed criminal offences,\n> > \n> > > (b) an authority for the release of information contained in the statement,\n> > \n> > > (c) consent to the conduct of inquiries relating to the information.\n> \n> > (4) A member of staff must, as soon as possible after becoming aware of a significant change concerning the information contained in a statement given in accordance with this section, give the Commissioner notice, in the approved form, of the change.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Disclosure of conflicts of interest","content":"#### 7 Disclosure of conflicts of interest\n\n7 Disclosure of conflicts of interest\n\n> For the Act, sections 74(6) and 77, it is a condition of employment that a member of staff must, immediately after becoming aware of a conflict of interest, or an apparent conflict of interest, between the member of staff’s duties as a member of staff and the member of staff’s private interests, notify the Commissioner of the conflict.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Documents to be given to Commissioner","content":"#### 8 Documents to be given to Commissioner\n\n8 Documents to be given to Commissioner\n\n> > (1) For the Act, sections 74(6) and 77, it is a condition of employment that a member of staff comply with a request made under subsection (2).\n> \n> > (2) The Commissioner may request, at any time, that a member of staff, or an applicant for a position as a member of staff, give the Commissioner 1 or more of the prescribed documents relating to—\n> > \n> > > (a) the member of staff or applicant, or\n> > \n> > > (b) a person who is associated with the member of staff or applicant.\n> \n> > (3) The prescribed documents, in relation to an individual, are as follows—\n> > \n> > > (a) a birth certificate or a duly certified extract of a birth certificate,\n> > \n> > > (b) a marriage certificate or a duly certified extract of a marriage certificate,\n> > \n> > > (c) a current passport,\n> > \n> > > (d) a current driver licence,\n> > \n> > > (e) a duly certified copy of a registered deed by which the individual has formally changed the individual’s name,\n> > \n> > > (f) a certificate of naturalisation or citizenship,\n> > \n> > > (g) a certificate of discharge from the Australian Defence Force,\n> > \n> > > (h) a certificate evidencing the individual’s educational, professional or trade qualifications,\n> > \n> > > (i) the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the individual,\n> > \n> > > (j) a document evidencing the assets held by the individual in a foreign country, including accounts held by the individual with foreign financial institutions,\n> > \n> > > (k) a document issued by a public authority or other body in a foreign country evidencing the individual’s identity, including a certificate of baptism or school or hospital records.\n> \n> > (4) The prescribed documents, in relation to a company or partnership that is, or is seeking to be, engaged as a consultant under the Act, section 74(2), are as follows—\n> > \n> > > (a) a copy of the company’s constitution or the agreement establishing the partnership,\n> > \n> > > (b) the most recent annual report of the company or partnership,\n> > \n> > > (c) the most recent audited financial statement relating to the company or partnership,\n> > \n> > > (d) the most recent income tax return lodged by, and the most recent income tax assessment issued in relation to, the company or partners.\n> \n> > (5) Subsection (2) only applies to documents that are in the person’s possession or that the person is entitled to immediate possession of.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Fingerprint imprints to be given to Commissioner","content":"#### 9 Fingerprint imprints to be given to Commissioner\n\n9 Fingerprint imprints to be given to Commissioner\n\n> > (1) For the Act, section 74(6), it is a condition of employment that a member of staff comply with a request made under subsection (2) or (3).\n> \n> > (2) The Commissioner may request, at any time, that a member of staff, or an applicant for a position as a member of staff, give the Commissioner an imprint of the fingerprints of the member of staff or applicant.\n> \n> > (3) If the member of staff or applicant is a company or partnership that is, or is seeking to be, engaged as a consultant under the Act, section 74(2), the Commissioner may request the company or partnership to give the Commissioner an imprint of the fingerprints of a specified associate of the company or associate of a partner.\n> \n> > (4) A fingerprint imprint received under this section must be destroyed—\n> > \n> > > (a) for an imprint received from an applicant or an associate of an applicant—within 6 months after the application is determined, unless the applicant is appointed to a position as a member of staff within the period, or\n> > \n> > > (b) for an imprint received from a member of staff or an associate of a member of staff—\n> > > \n> > > > (i) if the member of staff is under investigation by the Commission when the member of staff ceases to be a member of staff, or becomes subject to an investigation within 6 months after ceasing to be a member of staff—immediately once the investigation and any legal proceedings arising from the investigation have ceased, or\n> > > \n> > > > (ii) otherwise—within 6 months after the member of staff ceases to be a member of staff.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Compliance with drug and alcohol policy","content":"#### 10 Compliance with drug and alcohol policy\n\n10 Compliance with drug and alcohol policy\n\n> For the Act, section 74(6), it is a condition of employment that a member of staff comply with a drug and alcohol policy issued by the Commissioner.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Repeal and savings","content":"#### 11 Repeal and savings\n\n11 Repeal and savings\n\n> > (1) The [Crime Commission Regulation 2012](/view/html/repealed/current/sl-2012-0501) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Crime Commission Regulation 2012](/view/html/repealed/current/sl-2012-0501), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":13}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the 2012 Regulation but preserves existing effects and continuity (ss2,11). It primarily rearticulates and formalises vetting, disclosure and security‑clearance requirements for Commission staff and consultant associates without an evident expansion of covered persons or powers beyond those specified in the text."},"complexity_factors":["Multiple mandatory vetting requirements across personnel and consultant associates (ss4–5, 9)","Discretion for the Commissioner to issue/revoke clearances and terminate employment (s4(3)–(4))","Broad criteria for suitability assessments including personal relationships, finances, health and alleged offences (s4(3)(a)–(g))","Extensive list of prescribed identity and financial documents for individuals and entities (s8(3)–(4))","Consent and information‑sharing obligations with other public authorities and bodies (s5(1))","Retention and destruction timing rules for fingerprint imprints with conditional exceptions (s9(4))","Ongoing disclosure duties (conflicts, changed particulars) impose administrative burden on staff (ss6(4),7)","Cross‑referencing to the Act and external vetting standards creates interpretive dependence (s3(1); s4(1)(b))"],"plain_english_summary":"This Regulation restates and updates employment, vetting and security controls for staff and consultant-applicants of the NSW Crime Commission. It requires security clearances, consent to vetting and information-sharing, provision of personal documents and fingerprints, disclosure of conflicts and ongoing updates, and compliance with a drug and alcohol policy (ss4–10). Affected parties are current and prospective Commission staff and contracted consultants; the Commissioner decides clearances and may terminate employment, while individuals bear the compliance and privacy burdens."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. Only website status information and navigation elements were included in the text, not the substantive provisions of the regulation itself."},"complexity_factors":["Only metadata and website navigation content was provided — the substantive legislative text is absent, preventing meaningful complexity analysis","Regulations of this type typically contain administrative and procedural rules which can involve cross-referencing multiple pieces of legislation","The automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor temporal complexity layer"],"plain_english_summary":"The Crime Commission Regulation 2022 (NSW) is a regulation made under the NSW Crime Commission Act to set operational details for the state’s body that investigates serious and organised crime. It commenced 26 August 2022 and is due to be automatically repealed on 1 September 2027.\n\nBecause only website metadata (not the regulation text) is available, specific rules and impacts can’t be determined here; it likely affects those investigated by, appearing before, or working with the Commission."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose of setting employment conditions for Crime Commission staff. The 2022 version is a direct replacement of the 2012 Regulation (as noted in section 2 and 11), maintaining the same structural approach of prescribing security and integrity requirements. The savings provision in section 11(2) ensures continuity without expansion of scope."},"complexity_factors":["Multiple cross-references to the parent Act (Crime Commission Act 2012) for definitions and extended meanings, including complex 'associated person' provisions","Nested conditional logic in section 9(4) regarding fingerprint destruction timeframes with multiple sub-conditions (investigation status, timing of cessation, legal proceedings)","Dual-layer security clearance requirements (Commissioner-issued plus Commonwealth agency)","Extensive list of 11 categories of prescribed documents in section 8(3) plus 4 additional categories for companies/partnerships in section 8(4)","Broad discretionary powers for the Commissioner ('may request at any time') combined with mandatory compliance conditions","Incorporation of external policy documents (drug and alcohol policy) by reference without content being specified in the Regulation itself"],"plain_english_summary":"This Regulation sets out the employment conditions for staff working at the NSW Crime Commission, which investigates serious and organised crime in New South Wales.\n\n**What it does:**\nThe Regulation creates detailed rules that all staff must follow as a condition of their employment. These rules are designed to protect sensitive information and ensure staff are trustworthy enough to handle confidential criminal intelligence.\n\n**Key requirements for staff:**\n\n*   **Security clearances** — Staff must obtain and maintain security clearances from both the Crime Commission Commissioner and (where required) the Australian Government Security Vetting Agency. The Commissioner can revoke these clearances and terminate employment based on factors including financial circumstances, gambling history, alcohol and drug use, mental health, criminal history, and associations with criminals.\n\n*   **Vetting and background checks** — Staff must consent to the Commissioner requesting information about them from other government agencies and third parties.\n\n*   **Personal information** — Staff and job applicants must provide detailed statements about themselves and their associates (family, close contacts), including statutory declarations about any connections to known criminals. They must also report significant changes to this information.\n\n*   **Conflict of interest** — Staff must immediately tell the Commissioner about any conflicts between their work duties and private interests.\n\n*   **Identity documents** — The Commissioner can demand a wide range of personal documents including birth certificates, passports, driver licences, tax returns, foreign asset records, and educational qualifications.\n\n*   **Fingerprints** — Staff and applicants must provide fingerprint imprints if requested. These must be destroyed within 6 months after a job application is decided (unless the person is hired), or within 6 months after employment ends (unless the person is under investigation).\n\n*   **Drug and alcohol policy** — Staff must follow the Commissioner's drug and alcohol policy.\n\n**Who it affects:**\nAnyone employed or engaged by the NSW Crime Commission, including consultants and companies working for the Commission. It also applies to people applying for these positions.\n\n**Why it matters:**\nThe Crime Commission handles highly sensitive information about organised crime. These rules aim to prevent corruption, blackmail, or leaks by ensuring staff are thoroughly vetted, financially stable, free from criminal associations, and compliant with strict security standards."}},"importantCases":[],"_links":{"self":"/api/acts/crime-commission-regulation-2022","history":"/api/acts/crime-commission-regulation-2022/history","analysis":"/api/acts/crime-commission-regulation-2022/analysis","conflicts":"/api/acts/crime-commission-regulation-2022/conflicts","importantCases":"/api/acts/crime-commission-regulation-2022/important-cases","documents":"/api/acts/crime-commission-regulation-2022/documents"}}