{"id":"criminal-law-high-risk-offenders-regulations-2015","name":"Criminal Law (High Risk Offenders) Regulations 2015","slug":"criminal-law-high-risk-offenders-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235338,"registerId":"sa-criminal-law-high-risk-offenders-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Law (High Risk Offenders) Regulations 2015","content":"South Australia\nCriminal Law (High Risk Offenders) Regulations 2015\nunder the Criminal Law (High Risk Offenders) Act 2015\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tDefinition of terrorist offence\n3B\tPrescribed modifications of Act\n4\tPrescribed authority\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Criminal Law (High Risk Offenders) Regulations 2015.\n3—Interpretation\nIn these regulations—\nAct means the Criminal Law (High Risk Offenders) Act 2015.\n3A—Definition of terrorist offence\n\t(1)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 4 of the Act, the following kinds of offences against the laws of South Australia are prescribed:\n\t(a)\tan offence against section 83CA of the Criminal Law Consolidation Act 1935;\n\t(b)\tany offence against Part 3D of the Criminal Law Consolidation Act 1935;\n\t(c)\tan offence against section 37 of the Summary Offences Act 1953.\n\t(2)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 4 of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:\n\t(a)\tan offence against section 310J of the Crimes Act 1900 of New South Wales;\n\t(b)\tthe following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:\n\t(i)\tan offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(ii)\tan offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(iii)\tan offence against section 54;\n\t(iv)\tan offence against section 55;\n\t(c)\tan offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.\n\t(3)\tIn this regulation—\nterrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.\n3B—Prescribed modifications of Act\n\t(1)\tFor the purposes of section 6(2) of the Act the following modifications are prescribed:\n\t(a)\ta reference to the CE is to be read as a reference to the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016;\n\t(b)\ta reference to a community corrections officer is to be read as a reference to a community youth justice officer under the Youth Justice Administration Act 2016;\n\t(c)\ta reference to custody as a prisoner or imprisonment is to be read as a reference to detention;\n\t(d)\ta reference to a prison is to be read as a reference to a training centre;\n\t(e)\ta reference to the Parole Board is to be read as a reference to the Youth Parole Board;\n\t(f)\ta reference to the presiding member of the Parole Board is to be read as a reference to a member of the Training Centre Review Board designated, in writing, by the Attorney-General for the purposes of this paragraph (or, in the absence of that member, to a member of the Training Centre Review Board designated in accordance with subregulation (2));\n\t(g)\ta reference to the deputy presiding member of the Parole Board is to be read as a reference to a member of the Training Centre Review Board designated, in writing, by the Attorney-General for the purposes of this paragraph (or, in the absence of that member, to a member of the Training Centre Review Board designated in accordance with subregulation (2));\n\t(h)\ta reference to a magistrate is to be read as a reference to a magistrate or Judge of the Youth Court.\n\t(2)\tThe Attorney-General may designate, in writing, a member of the Training Centre Review Board who may act in the absence of a member designated under subregulation (1)(f) or (g).\n4—Prescribed authority\nFor the purposes of sections 7(3) and 21 of the Act, the prescribed authority is the person for the time being performing the duties, or holding or acting in the position, of the Clinical Director, Forensic Mental Health Service South Australia.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n231\nGazette 11.11.2015 p4895 \n25.1.2016: r 2\n2018\n39\nGazette 13.2.2018 p774\n26.2.2018: r 2\n2019\n213\nGazette 26.9.2019 p3366\n26.9.2019: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n26.2.2018\nr 3A\n\n\nr 3A(1)\nr 3A inserted by 39/2018 r 4\n26.2.2018\n\nr 3A varied and redesignated as r 3A(1) by 213/2019 r 4(1), (2)\n26.9.2019\nr 3A(2) and (3)\ninserted by 213/2019 r 4(2)\n26.9.2019\nr 3B\ninserted by 39/2018 r 4\n26.2.2018\nHistorical versions\n26.2.2018\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: supporting the Criminal Law (High Risk Offenders) Act 2015 through technical definitions, youth justice adaptations, and administrative appointments. The 2018 and 2019 amendments expanded the terrorist offence definitions to include interstate equivalents, but this was a natural extension of the original scope (ensuring the Act captures relevant serious offences) rather than mission creep. The youth justice modifications in regulation 3B were part of the original 2018 design, not a later expansion."},"complexity_factors":["Short document — only 4 substantive regulations (excluding title and interpretation)","Minimal defined terms — only 2 explicit definitions ('Act' and 'terrorist organisation')","Straightforward cross-referencing — references to external legislation are specific and clearly identified","Simple conditional structure — regulations 3A and 3B use basic numbered subsections without nested exceptions","No exceptions to exceptions — the modifications in regulation 3B are direct substitutions without qualifying conditions","Legislative history table adds length but is administrative metadata, not substantive complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations support South Australia's **Criminal Law (High Risk Offenders) Act 2015** — a law that allows courts to keep certain dangerous offenders under supervision or in detention even after they've finished their prison sentence, if there's a high risk they'll commit serious crimes again.\n\n**Three main things these regulations do:**\n\n1. **Defines \"terrorist offences\" for the Act** — The regulations list specific crimes that count as terrorist offences under South Australian law and equivalent crimes from other states (NSW, Northern Territory, Victoria). This matters because people convicted of terrorist offences can be subject to the Act's extended supervision and detention powers.\n\n2. **Adapts the Act for young offenders** — The regulations create a \"translation guide\" so the Act can apply to children and young people in the youth justice system. For example:\n   - \"Prison\" becomes \"training centre\"\n   - \"Parole Board\" becomes \"Youth Parole Board\" or \"Training Centre Review Board\"\n   - \"Imprisonment\" becomes \"detention\"\n   - \"Community corrections officer\" becomes \"community youth justice officer\"\n\n3. **Names the \"prescribed authority\"** — This is the Clinical Director of Forensic Mental Health Service South Australia, who has specific powers under the Act (such as conducting psychiatric assessments of offenders).\n\n**Who it affects:**\n- High-risk offenders facing extended supervision orders or continuing detention orders after their sentences end\n- Young offenders in the youth justice system (through the modified definitions)\n- People convicted of terrorism-related offences (through the expanded definition)\n- Mental health professionals in the forensic system\n\n**Why it matters:**\nThese regulations are the \"nuts and bolts\" that make the main Act work. Without them, the Act wouldn't know which specific crimes count as terrorism offences, couldn't properly apply to young people, and wouldn't have a clear medical authority to conduct risk assessments. The youth justice modifications are particularly significant — they ensure the state's toughest post-sentence powers can be used against young offenders deemed high-risk, not just adults."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for review. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404/Page Not Found error","Analysis is based solely on the title and contextual inference, not actual regulatory text","Complexity of the underlying subject matter (high risk offender supervision) is inherently high, but cannot be scored without the actual content"],"plain_english_summary":"These Regulations set out the procedural and administrative rules supporting the Criminal Law (High Risk Offenders) Act 2015 (SA), governing how ongoing detention or community supervision is managed for offenders deemed an ongoing risk. They affect serious offenders nearing release, corrections staff, clinicians conducting risk assessments, and legal practitioners by specifying how assessments, reporting, forms and supervision arrangements are to be carried out to protect public safety."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations broaden and adapt the Act's operational scope by (a) prescribing which offences count as terrorist offences (reg 3A), including offences from other States/Territories, and (b) modifying terminology and institutional references so the Act applies in youth detention and review contexts (reg 3B). They also specify the clinical authority for assessments (reg 4). These measures change who makes decisions and how the Act is applied to young people and cross-jurisdictional offences."},"complexity_factors":["Cross-references to multiple statutes and jurisdictions (reg 3A references SA, NSW, NT, VIC laws and Division 102 of the Commonwealth Criminal Code)","Prescriptive list of offences treated as 'terrorist offences' across jurisdictions (reg 3A(1)–(2))","Modifications to read adult Act terminology as youth-justice equivalents (reg 3B) creating interpretive adjustments","Discretionary appointment power for Training Centre Review Board substitutes (reg 3B(2)) increasing administrative discretion","Specification of a prescribed clinical authority by office, not by name, for decision-making (reg 4)","Reliance on external definitions (eg. 'terrorist organisation') requiring cross-checking of other statutes (reg 3A(3))","Concise drafting with heavy external referencing produces practical compliance and interpretation burdens","Amendment history and potential obsolete references require tracking when applied"],"plain_english_summary":"These regulations set practical rules for applying the Criminal Law (High Risk Offenders) Act 2015. They specify which state and interstate offences count as “terrorist offences”, adapt the Act’s terms and bodies so it can operate in youth detention settings, and name the clinical authority for certain assessments. They affect offenders, youth justice and corrections agencies, review boards and the Attorney‑General’s office.\n\nMechanically, they change which offences trigger high‑risk processes, who decides, and how adult procedures translate into the youth context."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-high-risk-offenders-regulations-2015","history":"/api/acts/criminal-law-high-risk-offenders-regulations-2015/history","analysis":"/api/acts/criminal-law-high-risk-offenders-regulations-2015/analysis","conflicts":"/api/acts/criminal-law-high-risk-offenders-regulations-2015/conflicts","importantCases":"/api/acts/criminal-law-high-risk-offenders-regulations-2015/important-cases","documents":"/api/acts/criminal-law-high-risk-offenders-regulations-2015/documents"}}