{"id":"a-2026-12","name":"Justice and Community Safety Legislation Amendment Act 2026","slug":"justice-and-community-safety-legislation-amendment-act-2026","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"12 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":485665,"registerId":"act-a-2026-12-current","compilationNumber":null,"startDate":"2026-06-19","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Justice and Community Safety Legislation Amendment\nAct 2026 (No 2).\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the 7th day after its notification day.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Legislation amended","content":"3 Legislation amended\nThis Act amends the following legislation:\n• Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022\n• Custodial Inspector Act 2017\n• Electoral Act 1992\n• Human Rights Commission Act 2005\n• Inquiries Act 1991\n• Oaths and Affirmations Act 1984\n• Supreme Court Act 1933\n• Unit Titles (Management) Act 2011.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Legislation repealed","content":"4 Legislation repealed\nThe Crimes (Child Sex Offenders) Amendment Act 2025 (A2025-4)\nis repealed.\n\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Aboriginal and Torres Strait","content":"Part 2 Aboriginal and Torres Strait\nIslander Children and Young\nPeople Commissioner Act 2022\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Section 34","content":"5 Section 34\n","sortOrder":5},{"sectionNumber":"34","sectionType":"section","heading":"Information sharing","content":"34 Information sharing\n(1) The commissioner may disclose to an information sharing entity any\ninformation that has been disclosed to, or obtained by, the\ncommissioner in the exercise of a function under this Act, if—\n(a) the commissioner is reasonably satisfied that the information is\nrelevant to the exercise of the entity’s functions; and\n(b) if the information is personal information about an individual—\nthe individual has given consent.\n(2) However, the commissioner may disclose personal information about\nan individual to an information sharing entity without the individual’s\nconsent if the commissioner believes on reasonable grounds that the\ndisclosure is necessary to ensure that—\n(a) the commissioner and the information sharing entity are able to\ntake a coordinated approach in relation to a matter affecting an\nAboriginal or Torres Strait Islander child or young person; or\n(b) effective advocacy is able to be undertaken for an Aboriginal or\nTorres Strait Islander child or young person.\n(3) If an information sharing entity uses information disclosed to the\nentity under this section—\n(a) a secrecy requirement is taken to apply to the entity in relation\nto the information; and\n\nPart 2 Aboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022\n(b) the entity is taken to be a person engaged in the administration\nof the provision that contains the secrecy requirement.\n(4) This section applies despite any other territory law.\n(5) In this section:\nfunction, of an information sharing entity, means—\n(a) for a member of the human rights commission—a function of\nthe member under the Human Rights Commission Act 2005; and\n(b) for the custodial inspector—a function of the custodial inspector\nunder the Custodial Inspector Act 2017; and\n(c) for the NPM—a function of the NPM under the Monitoring of\nPlaces of Detention (Optional Protocol to the Convention\nAgainst Torture) Act 2018.\ninformation sharing entity means—\n(a) a member of the human rights commission; or\n(b) the custodial inspector appointed under the Custodial Inspector\nAct 2017, section 9; or\n(c) the NPM.\nNPM means the ACT National Preventive Mechanism established\nunder the Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018, section 8C.\nsecrecy requirement means a prohibition on the disclosure of\ninformation that applies to the commissioner in relation to\ninformation disclosed to an information sharing entity, whether the\nprohibition is absolute or subject to stated exceptions or\nqualifications.\n\nCustodial Inspector Act 2017 Part 3\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Custodial Inspector Act 2017","content":"Part 3 Custodial Inspector Act 2017\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Cooperation with other entities","content":"6 Cooperation with other entities\nNew section 31 (1) (g)\n(g) the commissioner appointed under the Aboriginal and Torres\nStrait Islander Children and Young People Commissioner\nAct 2022, section 10.\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Regular disclosure of gifts","content":"7 Regular disclosure of gifts\nSection 216B (2)\n(2) The financial representative of the entity must give the commissioner\na return containing the information mentioned in section 216A (2)—\n(a) not later than 7 days after the day the total amount received from\nthe person reaches $1 000; and\n(b) if the person gives the entity an additional gift—not later than\n7 days after the day the entity receives the additional gift from\nthe person.\nExample\nAn entity receives a gift of $1 000 from a person on 1 January, then receives another\ngift of $100 from the person on 1 February. The financial representative of the entity\nmust give the commissioner a return for the first gift by 8 January and must give\nthe commissioner an additional return for the second gift by 8 February.\n\nHuman Rights Commission Act 2005 Part 5\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Human Rights Commission","content":"Part 5 Human Rights Commission\nAct 2005\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"New section 53BAA","content":"8 New section 53BAA\nbefore section 53BA, insert\n53BAA Leave of ACAT required to hear certain discrimination\ncomplaints\n(1) This section applies to a discrimination complaint if—\n(b) the commission gives the complainant a discrimination referral\nstatement under section 82 (1); and\nsection 53A; or\nbe heard under section 53B.\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"New section 53IAA","content":"9 New section 53IAA\nbefore section 53IA, insert\n53IAA Leave of ACAT required to hear certain retirement village\ncomplaints\n(1) This section applies to a retirement village complaint if—\n\n(b) the commission gives the complainant a retirement village\nreferral statement under section 82A (1); and\nsection 53H; or\nbe heard under section 53I.\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"New section 53SAA","content":"10 New section 53SAA\nbefore section 53SA, insert\n53SAA Leave of ACAT required to hear certain occupancy\ndispute complaints\n(1) This section applies to an occupancy dispute complaint if—\n(b) the commission gives the complainant an occupancy dispute\nreferral statement under section 82B (1); and\nsection 53R; or\nbe heard under section 53S.\n\nHuman Rights Commission Act 2005 Part 5\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"New section 53ZBAA","content":"11 New section 53ZBAA\nbefore section 53ZBA, insert\n53ZBAA Leave of ACAT required to hear certain conversion\npractice complaints\n(1) This section applies to a conversion practice complaint if—\n(b) the commission gives the complainant a conversion practice\nreferral statement under section 82C (1); and\nsection 53ZA; or\nbe heard under section 53ZB.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Discrimination referral statements","content":"12 Discrimination referral statements\nSection 88, new note\nACAT only with the leave of the ACAT (see s 53BAA).\n\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Retirement village referral statements","content":"13 Retirement village referral statements\nSection 88A, new note\nACAT only with the leave of the ACAT (see s 53IAA).\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Occupancy dispute referral statements","content":"14 Occupancy dispute referral statements\nSection 88B, new note\nACAT only with the leave of the ACAT (see s 53SAA).\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Conversion practice referral statements","content":"15 Conversion practice referral statements\nSection 88C, new note\nACAT only with the leave of the ACAT (see s 53ZBAA).\n\nInquiries Act 1991 Part 6\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"16 Offences against Act—application of Criminal Code etc\nSection 4, note 1\nomit\nan offence against this Act, s 36\nall offences against this Act\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Reports of boards","content":"17 Reports of boards\nSection 14 (1), new note\nNote Confidentiality requirements apply under section 17 in relation to a\nreport.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Section 17","content":"18 Section 17\n17 Protection of information\n(1) A person commits an offence if––\n(a) the person is, or has been, an entrusted person; and\n(b) the person obtained or generated information in the person’s\ncapacity as an entrusted person; and\n(c) the information is protected information; and\n(d) the person discloses, uses, or makes a record of, the protected\ninformation.\nMaximum penalty: 50 penalty units, imprisonment for 1 year or both.\n(2) Strict liability applies to subsection (1) (a).\n\n(3) To remove any doubt, the fault element for subsection (1) (b) is\nrecklessness.\n(4) Subsection (1) does not apply if the disclosure, use or recording of\nthe protected information is authorised under subsection (5).\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) An entrusted person may disclose, use, or make a record of, protected\ninformation––\n(a) in exercising, or assisting another person to exercise, a function\nunder this Act; or\n(b) if the information has already been made available to the public;\nor\n(c) in a circumstance prescribed by regulation.\n(6) In this section:\nentrusted person means––\n(a) a member; or\n(b) a member of the staff of a board; or\n(c) a lawyer assisting a board.\nprotected information means information obtained or generated by a\nperson in exercising, or assisting another person to exercise,\na function under this Act.\n\nInquiries Act 1991 Part 6\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Proposed adverse comments in reports","content":"19 Proposed adverse comments in reports\nSection 26A (2) (b) and (c)\n(b) state the period within which a submission may be made, or a\nstatement given, in relation to the comment; and\n(c) tell the entity that, if the board’s report of the inquiry includes\nthe comment, the report will also include a copy or summary of\nany submission the entity makes, or any statement the entity\ngives, within the time allowed under paragraph (b).\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Section 26A (3)","content":"20 Section 26A (3)\nomit\nsubsection (2) (c) must end not earlier than 14 days\nsubsection (2) (b) must end not earlier than 28 days\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"New section 26A (6)","content":"21 New section 26A (6)\n(6) Also, if the board does not include in the report of the inquiry a\nproposed comment in relation to which a notice under subsection (2)\nwas given to an entity, then the report must not include any of the\nfollowing:\n(a) if the entity made a submission or gave a statement that relates\nto the comment––a copy or summary of the submission or\nstatement;\n(b) any other information that would disclose the fact that a notice\nwas given to the entity under subsection (2) in relation to the\ncomment.\n\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Publication of published proceedings, reports and","content":"22 Publication of published proceedings, reports and\ncomments protected\nSection 38 (3)\n(3) A board of inquiry report is a public document for the Civil Law\n(Wrongs) Act 2002, section 138 (Defence for publication of public\ndocuments) if, and only if, the report is made public by the\nChief Minister.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"New section 38A","content":"23 New section 38A\n","sortOrder":26},{"sectionNumber":"38A","sectionType":"section","heading":"Operation of Territory Records Act 2002","content":"38A Operation of Territory Records Act 2002\nFor the Territory Records Act 2002, a board of inquiry is taken to\ninclude the following in addition to each member:\n(a) a member of the staff of the board;\n(b) a lawyer assisting the board.\nNote A board of inquiry is an agency for the Territory Records Act 2002.\nAn agency has obligations under that Act relating to records management\nand protection of records (see that Act, divs 2.3 and 2.4).\n\nOaths and Affirmations Act 1984 Part 7\nPart 7 Oaths and Affirmations Act 1984\n24 Part 3 heading\nPart 3 Administration of oath or\naffirmation\n\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Vexatious litigants","content":"25 Vexatious litigants\nSection 67A (2)\n(2) If the court is satisfied that a person has frequently instituted\nvexatious proceedings, the court may declare the person to be a\nvexatious litigant.\n(2A) The court may make a declaration—\n(a) on its own initiative; or\n(b) on the application of—\n(i) the Attorney-General; or\n(ii) an aggrieved person.\n\nUnit Titles (Management) Act 2011 Part 9\n","sortOrder":28},{"sectionNumber":"Part 9","sectionType":"part","heading":"Unit Titles (Management)","content":"Part 9 Unit Titles (Management)\nAct 2011\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Installation of sustainability and utility infrastructure on","content":"26 Installation of sustainability and utility infrastructure on\ncommon property\nSection 23 (3), note\nomit\nsee s 20 (1)\nsee s 19 (1)\n\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 7 May 2026.\n2 Notification\nNotified under the Legislation Act on 19 June 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Justice and Community Safety\nLegislation Amendment Bill 2026 (No 2), which originated in the Legislative\nAssembly as the Justice and Community Safety Legislation Amendment\nBill 2026 and was passed by the Assembly on 11 June 2026.\nClerk of the Legislative Assembly","sortOrder":30}],"analysis":{"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":19361,"sourceSha256":"dea077ea3b7c1327a13387ff42a18b91501969dd61b2e1bae2437551feb3d42d","suppliedChars":19361},"complexity_score":5,"scope_assessment":{"changed":false,"description":"The supplied Act shows amendments across eight laws, but it does not provide the original purpose or an earlier version against which to assess whether the legislation has grown significantly beyond that purpose. On this material, such a change cannot be established. This is general legal information, not legal advice; Zoe can make mistakes, and a qualified Australian lawyer should check it before you act on it or rely on it."},"complexity_factors":["The Act amends eight separate laws and repeals another, covering several different subject areas.","The information-sharing rules depend on relevance, consent, and a reasonable-grounds exception for certain personal information (s 34).","The ACAT leave requirement applies only when several conditions are met, including the reason a complaint was closed and the issue of a referral statement (ss 53BAA, 53IAA, 53SAA and 53ZBAA).","The inquiry provisions combine an offence, exceptions, an evidential burden, confidentiality rules, and a minimum 28-day period for responses to proposed adverse comments (ss 17 and 26A).","Several amendments are technical cross-references or consequential notes rather than standalone rules."],"plain_english_summary":"This ACT Act makes targeted changes across eight laws. It sets rules for sharing information about Aboriginal and Torres Strait Islander children and young people, requires more frequent reporting of certain gifts, and requires ACAT’s permission to hear some complaints referred after the Human Rights Commission closes them. It also changes confidentiality and reporting rules for inquiries, the process for declaring vexatious litigants, and other technical provisions. It repeals the Crimes (Child Sex Offenders) Amendment Act 2025."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/justice-and-community-safety-legislation-amendment-act-2026","history":"/api/acts/justice-and-community-safety-legislation-amendment-act-2026/history","analysis":"/api/acts/justice-and-community-safety-legislation-amendment-act-2026/analysis","conflicts":"/api/acts/justice-and-community-safety-legislation-amendment-act-2026/conflicts","importantCases":"/api/acts/justice-and-community-safety-legislation-amendment-act-2026/important-cases","documents":"/api/acts/justice-and-community-safety-legislation-amendment-act-2026/documents"}}