{"id":"crown-proceedings-regulations-2023","name":"Crown Proceedings Regulations 2023","slug":"crown-proceedings-regulations-2023","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235349,"registerId":"sa-crown-proceedings-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crown Proceedings Regulations 2023","content":"South Australia\nCrown Proceedings Regulations 2023\nunder the Crown Proceedings Act 1992\n\nContents\n1\tShort title\n2\tCommencement\n3\tAgency of the Crown\nSchedule 1—Repeal of Crown Proceedings Regulations 2008\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Crown Proceedings Regulations 2023.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Agency of the Crown\nFor the purposes of the definition of Crown in section 4 of the Crown Proceedings Act 1992, a person for the time being holding or acting in any of the following offices is declared to be an agency of the Crown:\n\t(a)\tthe Auditor‑General;\n\t(b)\tthe Commissioner for Equal Opportunity;\n\t(c)\ta Commissioner appointed under the Essential Services Commission Act 2002;\n\t(d)\tthe Commissioner for Victims' Rights;\n\t(e)\tthe Deputy Auditor‑General;\n\t(f)\tthe Director of Public Prosecutions;\n\t(g)\tthe Electoral Commissioner;\n\t(h)\tthe Deputy Electoral Commissioner;\n\t(i)\tthe Health and Community Services Complaints Commissioner;\n\t(j)\tthe Ombudsman;\n\t(k)\tthe Solicitor‑General.\nSchedule 1—Repeal of Crown Proceedings Regulations 2008\nThe Crown Proceedings Regulations 2008 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian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\nYear\nNo\nReference\nCommencement\n2023\n79\nGazette 3.8.2023 p2588 \n3.8.2023: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the original purpose of declaring which office-holders constitute agencies of the Crown. The 2023 version appears to be a straightforward update and re-enactment of the 2008 regulations, with possible minor additions or removals of offices to reflect current government structure, rather than an expansion beyond the original scope."},"complexity_factors":["Extremely short: only 3 substantive provisions plus a repeal schedule","Single operative provision (section 3) containing a straightforward declaratory list","No defined terms within the regulations themselves (relies on existing Act definitions)","No conditional logic, exceptions, or cross-references beyond the single reference to section 4 of the parent Act","Simple alphabetical list format with no nested structures"],"plain_english_summary":"These regulations update which South Australian government officials are legally considered part of the 'Crown' for the purposes of being sued or suing in court.\n\n**What this means:**\n- Under the Crown Proceedings Act 1992, you can take legal action against the government (the 'Crown'), but only certain government bodies and officials count as 'the Crown' for this purpose.\n- These regulations add 11 specific senior officials to that list, including the Auditor-General, Ombudsman, Electoral Commissioner, Director of Public Prosecutions, and others.\n- **Why it matters:** If you have a legal dispute with one of these officials in their official capacity, this regulation clarifies that you can sue them as if you were suing the government itself. It also means they can sue others on behalf of the Crown.\n- The regulations also repeal (cancel) the old 2008 version of these rules, replacing them with this updated 2023 version."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"By declaring specific office‑holders to be \"agencies of the Crown\" (reg 3) the instrument alters who is treated as the Crown for the Crown Proceedings Act 1992 and so changes the set of persons and functions to which the Act’s liability and procedure rules apply. It also repeals the 2008 Regulations (Schedule 1), replacing the prior regulatory listing (r 3; Schedule 1). Who pays: the Crown/public finances are exposed where proceedings engage these offices. Compliance burden: minimal procedural change for the offices themselves, but legal representatives and claimants must treat those offices as Crown agencies. Discretion: the regulation makes a fixed declaration rather than delegating case‑by‑case discretion."},"complexity_factors":["Single substantive change: single clause (reg 3) listing named offices as Crown agencies (low structural complexity)","Legal effect depends on cross‑reference to section 4 of the Crown Proceedings Act 1992 (requires statutory cross‑checking)","Immediate commencement (reg 2) leaves no transition period for affected offices or litigants","Repeal of prior regulations (Schedule 1) may require comparison with the 2008 instrument to identify any substantive additions or removals","Practical impact involves fiscal exposure and litigation strategy (who pays) rather than complex administrative procedures"],"plain_english_summary":"These regulations (r 3) declare a short list of named office‑holders to be \"agencies of the Crown\" for the Crown Proceedings Act 1992 and repeal the 2008 Crown Proceedings Regulations. They commence the day they are made (r 2). Effect: the Crown — and therefore public finances — can be treated as the responsible party in legal proceedings involving those offices, which affects the offices named, people who litigate against or through them, and how legal costs and defences are allocated."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of these regulations changed from original intent — the document text was not available for review. No substantive content was returned, only a website error page."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is impossible without the substantive content of the regulations","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"These South Australian Crown Proceedings Regulations 2023 are a set of rules, likely made under the Crown Proceedings Act, that would prescribe procedural details for suing the State—things like forms, fees, time limits and exemptions. \n\nThey matter to anyone bringing or defending claims against a South Australian government department or agency, because compliance with those procedures can determine whether a claim succeeds or is barred."}},"importantCases":[],"_links":{"self":"/api/acts/crown-proceedings-regulations-2023","history":"/api/acts/crown-proceedings-regulations-2023/history","analysis":"/api/acts/crown-proceedings-regulations-2023/analysis","conflicts":"/api/acts/crown-proceedings-regulations-2023/conflicts","importantCases":"/api/acts/crown-proceedings-regulations-2023/important-cases","documents":"/api/acts/crown-proceedings-regulations-2023/documents"}}