{"id":"nsw:sl-2025-0670","name":"Inspector of Custodial Services Regulation 2025","slug":"inspector-of-custodial-services-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"670 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174061,"registerId":"nsw-sl-2025-0670-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Inspector of Custodial Services Regulation 2025](/view/html/inforce/current/sl-2025-0670).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 12 December 2025.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> Category 5 female inmate has the same meaning as in the [Crimes (Administration of Sentences) Regulation 2014](/view/html/inforce/current/sl-2014-0550), clause 13(1).\n> \n> Category AA male inmate has the same meaning as in the [Crimes (Administration of Sentences) Regulation 2014](/view/html/inforce/current/sl-2014-0550), clause 12(1).\n> \n> extreme high risk restricted inmate has the same meaning as in the [Crimes (Administration of Sentences) Regulation 2014](/view/html/inforce/current/sl-2014-0550).\n> \n> national security interest inmate has the same meaning as in the [Crimes (Administration of Sentences) Regulation 2014](/view/html/inforce/current/sl-2014-0550).\n> \n> the Act means the [Inspector of Custodial Services Act 2012](/view/html/inforce/current/act-2012-055).\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":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed classes of persons who are restricted persons","content":"#### 4 Prescribed classes of persons who are restricted persons\n\n4 Prescribed classes of persons who are restricted persons\n\n> For the Act, section 8K(2), definition of restricted person, paragraph (b), the following classes of persons are prescribed—\n> \n> > (a) Category 5 female inmates,\n> \n> > (b) Category AA male inmates,\n> \n> > (c) extreme high risk restricted inmates,\n> \n> > (d) national security interest inmates.","sortOrder":3}],"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":[]},"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 navigation elements, status information, and administrative metadata were present in the text — no substantive provisions were included. A meaningful scope assessment is not possible on this basis."},"complexity_factors":["Only metadata and website navigation were provided — no substantive legislative content was available to analyse","As a regulation (subordinate legislation) rather than an Act, it is inherently constrained in scope by its parent Act","The automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor procedural layer to understand","Without the actual provisions, complexity cannot be properly assessed — score reflects the structural simplicity of what was provided"],"plain_english_summary":"The Inspector of Custodial Services Regulation 2025 (NSW) sets out the operational rules that support the Inspector’s independent oversight of prisons, youth and immigration detention, and other custodial facilities in NSW. It governs how inspections and related oversight work, affecting people in custody, facility staff and management, the Inspector’s office, and agencies that run detention.\n\nThe regulation includes a sunset clause: it will expire on 1 September 2031. Specific rule text was not provided."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation performs a narrow, specific function contemplated by the parent Act (section 8K). It does not expand beyond prescribing the classes of restricted persons as authorised by the Act."},"complexity_factors":["Very short document (4 operative clauses)","No conditional logic or nested exceptions","Definitions rely entirely on external regulations (5 cross-references to the Crimes (Administration of Sentences) Regulation 2014)","Single substantive provision (clause 4) that simply lists 4 categories","No procedural requirements, timelines, or administrative mechanisms"],"plain_english_summary":"This regulation sets out which prisoners the Inspector of Custodial Services **cannot** freely visit or inspect.\n\n**What it does**\nThe Inspector of Custodial Services is an independent watchdog who checks that prisons and other places of detention in New South Wales are run properly. Normally, the Inspector can enter these facilities and speak to prisoners. However, the law allows certain \"restricted persons\" to be off-limits or subject to special rules.\n\nThis regulation names four specific types of prisoners who count as \"restricted persons\":\n- **Category 5 female inmates** – women classified as maximum security\n- **Category AA male inmates** – men classified as maximum security\n- **Extreme high risk restricted inmates** – prisoners deemed to pose exceptional danger\n- **National security interest inmates** – prisoners whose cases involve national security concerns\n\n**Who it affects**\n- The Inspector of Custodial Services (limits their access)\n- The four categories of prisoners listed above (limits who can inspect their conditions)\n- Corrective Services NSW (must manage these restrictions)\n\n**Why it matters**\nThis creates a carve-out where the prison system's most scrutinised watchdog has reduced powers over the most sensitive or dangerous prisoners. It balances independent oversight against security concerns, but critics might argue it reduces transparency for the very prisoners who may need oversight most."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not create new powers or alter the Act's substantive scope. It specifies which prisoner categories count as \"restricted persons\" under section 8K(2)(b) of the Act (see reg 4), clarifying application rather than expanding or narrowing the Act's subject‑matter."},"complexity_factors":["Reliance on external definitions: reg 3 imports terms from the Crimes (Administration of Sentences) Regulation 2014, so legal meaning depends on that separate instrument.","Narrow, enumerative effect: reg 4 simply lists the prescribed classes, which reduces internal complexity but creates tight coupling to the named categories.","Dependence on the Act: the regulation operates by reference to section 8K(2)(b) of the Inspector of Custodial Services Act; the regulation has effect only through that statutory provision.","Implementation timing: reg 2 sets a fixed commencement date, requiring administrative steps by that date.","Interpretive risk if external sources change: changes to the referenced Crimes Regulation or Act definitions can alter scope without amending this regulation."],"plain_english_summary":"This regulation lists four inmate categories — Category 5 female, Category AA male, extreme high risk restricted, and national security interest inmates — and makes them \"restricted persons\" for the Inspector of Custodial Services Act (s8K(2)(b)). Mechanically, it tells the Inspector and corrections agencies which prisoners count as restricted for the Act's special rules.\n\nIt affects those inmates and the inspector/custodial authorities responsible for inspections and compliance. Interpretation and compliance depend on cross-references to the Crimes (Administration of Sentences) Regulation 2014 and the Act."}},"importantCases":[],"_links":{"self":"/api/acts/inspector-of-custodial-services-regulation-2025","history":"/api/acts/inspector-of-custodial-services-regulation-2025/history","analysis":"/api/acts/inspector-of-custodial-services-regulation-2025/analysis","conflicts":"/api/acts/inspector-of-custodial-services-regulation-2025/conflicts","importantCases":"/api/acts/inspector-of-custodial-services-regulation-2025/important-cases","documents":"/api/acts/inspector-of-custodial-services-regulation-2025/documents"}}