{"id":"nsw:sl-2024-0377","name":"Crimes (Criminal Organisations Control) Regulation 2024","slug":"crimes-criminal-organisations-control-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"377 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174270,"registerId":"nsw-sl-2024-0377-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 [Crimes (Criminal Organisations Control) Regulation 2024](/view/html/inforce/current/sl-2024-0377).","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 This regulation repeals and replaces the [Crimes (Criminal Organisations Control) Regulation 2019](/view/html/repealed/current/sl-2019-0085), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section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> In this regulation—\n> \n> alternate means a person designated as an alternate for the monitor under section 5.\n> \n> application means—\n> \n> > (a) an application to the Court under the Act, Part 2 or 3, or\n> \n> > (b) a criminal intelligence application under the Act, Part 3B.\n> \n> monitor means the criminal intelligence monitor within the meaning of the Act, Part 3B.\n> \n> the Act means the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009).\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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Criminal intelligence monitor—the Act, s 28C","content":"# Part 2 Criminal intelligence monitor—the Act, s 28C\n\nPart 2 Criminal intelligence monitor—the Act, s 28C","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Designation of criminal intelligence monitor","content":"#### 4 Designation of criminal intelligence monitor\n\n4 Designation of criminal intelligence monitor\n\n> > (1) The Minister may, by order published in the Gazette, designate a person of a kind referred to in the Act, section 28C(1) as the monitor.\n> \n> > (2) The Minister must not designate a person specified in Schedule 1.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Alternate for monitor","content":"#### 5 Alternate for monitor\n\n5 Alternate for monitor\n\n> > (1) The Minister may designate a person as an alternate for the monitor in the same way as the Minister designates the monitor.\n> \n> > (2) The Minister must not designate a person as an alternate unless the person is a person who may be designated as the monitor.\n> \n> > (3) The Minister must not designate more than 3 alternates.\n> \n> > (4) If the monitor is unavailable to exercise the functions of the monitor in relation to an application, an alternate—\n> > \n> > > (a) may exercise the functions, and\n> > \n> > > (b) in exercising the functions, is taken to be the monitor.\n> \n> > (5) Without limiting subsection (4), the monitor is taken to be unavailable to exercise the functions of the monitor in relation to an application if the monitor has given written notice of the monitor’s unavailability to the Commissioner.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Monitor or alternate must inform Commissioner of unavailability","content":"#### 6 Monitor or alternate must inform Commissioner of unavailability\n\n6 Monitor or alternate must inform Commissioner of unavailability\n\n> If the monitor or an alternate is unavailable to exercise the functions of the monitor in relation to an application, the monitor or alternate must, as soon as practicable—\n> \n> > (a) give written notice of the monitor’s or alternate’s unavailability to the Commissioner, and\n> \n> > (b) give the material provided under the Act, section 28E—\n> > \n> > > (i) to the Commissioner, or\n> > \n> > > (ii) with the Commissioner’s consent—directly to a person who is to exercise the functions of the monitor in relation to the application.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Time within which material must be given to monitor or alternate","content":"#### 7 Time within which material must be given to monitor or alternate\n\n7 Time within which material must be given to monitor or alternate\n\n> The Commissioner must ensure all material in relation to an application that is required to be given to the monitor under the Act, section 28E is given—\n> \n> > (a) to the monitor at least 28 days before the application is heard, or\n> \n> > (b) if an alternate is to exercise the functions of the monitor in relation to the application—to the alternate at least 21 days before the application is heard.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Annual report by monitor and alternates","content":"#### 8 Annual report by monitor and alternates\n\n8 Annual report by monitor and alternates\n\n> > (1) This section applies to the monitor and any alternate who exercises the functions of the monitor in a calendar year.\n> \n> > (2) The monitor or alternate must prepare an annual report in relation to the monitor’s or alternate’s exercise of the functions in the calender year.\n> \n> > (3) The report must—\n> > \n> > > (a) not contain criminal intelligence, and\n> > \n> > > (b) be prepared and presented to the Minister within 3 months after the end of the calendar year to which the report relates.\n> \n> > (4) The Minister must, as soon as practicable after receiving a report under this section, table the report in both Houses of Parliament.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Restriction on legal practice of monitors and alternates","content":"#### 9 Restriction on legal practice of monitors and alternates\n\n9 Restriction on legal practice of monitors and alternates\n\n> A lawyer who has exercised the functions of the monitor must not represent an organisation or a person if the lawyer—\n> \n> > (a) knows, or should reasonably know, the organisation or person is or was a respondent to an application under the Act, or\n> > \n> > Note—\n> > \n> > All declared organisations and persons to whom control orders relate will have been respondents to an application under the Act.\n> \n> > (b) knows, or should reasonably know, the person is or was a member of an organisation referred to in paragraph (a), or\n> \n> > (c) obtained criminal intelligence about the organisation or person when exercising the functions of the monitor.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Repeal and savings","content":"#### 10 Repeal and savings\n\n10 Repeal and savings\n\n> > (1) The [Crimes (Criminal Organisations Control) Regulation 2019](/view/html/repealed/current/sl-2019-0085) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Crimes (Criminal Organisations Control) Regulation 2019](/view/html/repealed/current/sl-2019-0085), had effect under that regulation continues to have effect under this regulation.","sortOrder":12},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Persons who cannot be designated monitor","content":"# Schedule 1 Persons who cannot be designated monitor\n\nSchedule 1 Persons who cannot be designated monitor\n\nsection 4(2)","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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 administrative metadata (commencement date, repeal date, authorisation details) is visible — no substantive provisions are available for comparison."},"complexity_factors":["Only metadata and website navigation content was provided — no substantive legislative text is available for analysis","The parent Act (Crimes (Criminal Organisations Control) Act) is itself a complex piece of legislation, which would elevate complexity if the regulation's full text were available","Regulations of this type can involve cross-references to multiple pieces of legislation, but this cannot be confirmed from the provided content"],"plain_english_summary":"This NSW regulation, made under the Crimes (Criminal Organisations Control) Act, commenced 16 August 2024 and is scheduled for automatic repeal on 1 September 2029. It operates within the criminal‑organisations control framework and likely affects declared gang members, associates, law enforcement and businesses or venues with links to such groups by setting procedural and administrative details that shape how the Act is implemented in practice."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2019 regulation under the Subordinate Legislation Act 1989, which requires regulations to be remade periodically. The scope remains limited to procedural and administrative matters supporting the monitor function under the parent Act. No expansion beyond the original purpose of establishing the monitor's operational framework."},"complexity_factors":["Short document (approximately 1,500 words across 10 sections plus a short schedule)","Only 4 defined terms in the interpretation section (alternate, application, monitor, the Act)","Minimal cross-referencing — primarily references back to the parent Act (Crimes (Criminal Organisations Control) Act 2012) for substantive provisions","Straightforward conditional logic (simple 'if-then' structures for unavailability and timing requirements)","No nested exceptions or complex deeming provisions","Single schedule with a simple exclusion list (4 categories of disqualified persons)"],"plain_english_summary":"This regulation sets up the rules for appointing and running the office of the **criminal intelligence monitor** — an independent watchdog who oversees secret criminal intelligence used in court cases against suspected criminal organisations.\n\n**What it does:**\n- **Appoints the monitor**: The Minister can designate a qualified person (a retired judge or senior lawyer) to be the monitor, but cannot pick the Director of Public Prosecutions, police officers, or certain other officials (Schedule 1).\n- **Provides backup**: The Minister can appoint up to 3 \"alternates\" (deputies) who can step in if the monitor is unavailable.\n- **Sets deadlines**: Police must give the monitor all secret material at least 28 days before a court hearing (or 21 days if an alternate is handling it).\n- **Requires reporting**: The monitor must prepare an annual report for Parliament (but cannot include secret intelligence in it).\n- **Prevents conflicts**: Anyone who serves as monitor cannot later represent criminal organisations or their members in court if they learned secret information about them in the role.\n\n**Who it affects:**\n- The Minister (who makes appointments)\n- The monitor and alternates (who review secret intelligence)\n- The Police Commissioner (who must provide materials)\n- Suspected criminal organisations and their members (who are subject to control orders and whose secret intelligence is being reviewed)\n\n**Why it matters:**\nThis is a safeguard in NSW's anti-bikie and organised crime laws. When police want to use secret criminal intelligence in court to get control orders against groups they suspect are criminal organisations, the monitor independently reviews that intelligence to ensure it's fair and properly handled. This regulation makes sure that oversight role actually works — that there's always someone available to do it, they get the information in time, and they don't later switch sides to defend the very people they monitored."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals and replaces the 2019 regulation but continues existing acts, matters and things that had effect under the prior regulation (Commencement and Repeal and savings: ss 2, 10). There is no text in this instrument that expands or contracts the statutory categories of monitor functions in the Act; it primarily updates procedural and administrative rules without altering the Act’s substantive scope."},"complexity_factors":["Dependence on cross‑references to the Act (Part 3B provisions such as sections 28C and 28E) increases interpretive steps.","Ministerial discretion to designate the monitor and alternates (s 4–5) creates administrative decision points.","Exclusions in Schedule 1 (DPP, NSW Police, specified public service employees, equivalent interstate offices) narrow eligibility and require role checks.","Timing and procedural requirements for delivery of material (28 days for monitor, 21 for alternate) impose strict operational deadlines (s 7).","Notice and handover procedures when monitor/alternate is unavailable involve multiple actors and consent conditions (s 5(5), s 6).","Reporting obligations require annual reports that must exclude criminal intelligence and be tabled in Parliament, creating confidentiality and publication constraints (s 8).","Restriction on subsequent legal practice uses a knowledge standard (‘knows, or should reasonably know’), which may require factual/legal assessment in future conflicts (s 9).","Repeal and savings clause preserves prior effects while replacing the earlier regulation, requiring transitional interpretation (s 2, s 10)."],"plain_english_summary":"This regulation sets how the criminal intelligence monitor under the Crimes (Criminal Organisations Control) Act 2012 is chosen, substituted and given material, and limits what monitors may later do as lawyers. The Minister appoints the monitor and up to three alternates (excluding the DPP, police and certain public servants). The Commissioner must deliver material within set timeframes, monitors must file annual non‑intelligence reports, and lawyers who gained criminal intelligence as monitor are barred from later representing affected respondents."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-criminal-organisations-control-regulation-2024","history":"/api/acts/crimes-criminal-organisations-control-regulation-2024/history","analysis":"/api/acts/crimes-criminal-organisations-control-regulation-2024/analysis","conflicts":"/api/acts/crimes-criminal-organisations-control-regulation-2024/conflicts","importantCases":"/api/acts/crimes-criminal-organisations-control-regulation-2024/important-cases","documents":"/api/acts/crimes-criminal-organisations-control-regulation-2024/documents"}}