{"id":"nsw:sl-2024-0384","name":"National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2024","slug":"national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"384 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174338,"registerId":"nsw-sl-2024-0384-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 [National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2024](/view/html/inforce/current/sl-2024-0384).","sortOrder":0},{"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the [National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2018](/view/html/repealed/current/sl-2018-0559), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section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":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018](/view/html/inforce/current/act-2018-017).\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":"Restriction on information sharing—the Act, s 10","content":"#### 4 Restriction on information sharing—the Act, s 10\n\n4 Restriction on information sharing—the Act, s 10\n\n> For the Act, section 10(4), the following laws are prescribed—\n> \n> > (a) the [Assisted Reproductive Technology Act 2007](/view/html/inforce/current/act-2007-069), Part 3,\n> \n> > (b) the [Child Protection (Offenders Registration) Act 2000](/view/html/inforce/current/act-2000-042), section 21E,\n> \n> > (c) the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), section 29,\n> \n> > (d) the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), section 80,\n> \n> > (e) the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), sections 20G, 21N and 23,\n> \n> > (f) the [Human Tissue Act 1983](/view/html/inforce/current/act-1983-164), section 37,\n> \n> > (g) the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), sections 79Q, 111, 112 and 114,\n> \n> > (h) the [Law Enforcement and National Security (Assumed Identities) Act 2010](/view/html/inforce/current/act-2010-073), section 33,\n> \n> > (i) the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), Part 14,\n> \n> > (j) the [Law Enforcement (Controlled Operations) Act 1997](/view/html/inforce/current/act-1997-136), section 20R,\n> \n> > (k) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), sections 19A–19C and 34,\n> \n> > (l) the [Police Act 1990](/view/html/inforce/current/act-1990-047), section 169A,\n> \n> > (m) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133), section 67,\n> \n> > (n) the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), sections 45 and 49D,\n> \n> > (o) the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), section 56,\n> \n> > (p) the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 64,\n> \n> > (q) the [Surveillance Devices Act 2007](/view/html/inforce/current/act-2007-064), section 40,\n> \n> > (r) the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087), sections 24, 32 and 33.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2018](/view/html/repealed/current/sl-2018-0559) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2018](/view/html/repealed/current/sl-2018-0559), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, this regulation appears to remain squarely within its original purpose of facilitating NSW's participation in the National Redress Scheme. There is no indication of scope creep or departure from the enabling legislation's intent. The regulation appears to be a standard administrative instrument supporting the established scheme."},"complexity_factors":["Involves interplay between Commonwealth and State constitutional powers (referral of powers mechanism), which is an inherently complex area of Australian federalism","Limited substantive content is visible in the provided text — the actual operative provisions are not shown, making full analysis difficult","Sits within a broader legislative ecosystem (the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 at Commonwealth level, plus NSW's own referral Acts), requiring cross-referencing to understand fully","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer","Subject matter (child sexual abuse redress) involves sensitive policy context that may have complex eligibility and process rules in the underlying scheme"],"plain_english_summary":"This NSW regulation supports the National Redress Scheme by formalising the state's referral of certain powers to the Commonwealth so survivors of institutional child sexual abuse can access support, counselling and payments consistently across jurisdictions. It affects survivors seeking redress, NSW institutions participating in the scheme, and relevant state agencies.\n\nThe regulation took effect 16 August 2024 and is set to expire on 1 September 2029."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation repeals the 2018 regulation but expressly continues its effects (s 5(1)–(2)) and re‑prescribes the same category of NSW laws that restrict information sharing for the purposes of the Act (s 4). On its face it does not expand or narrow the set of legal restrictions; it restates and preserves the prior scope."},"complexity_factors":["Direct cross‑references to a large set of external NSW statutes and specific sections (18 named laws in s 4(a)–(r)) require readers to consult multiple source Acts to understand the full information‑sharing restrictions.","Repeal with a savings provision (s 5(1)–(2)) preserves prior legal effects, so interpretation depends on the prior instrument as well as this regulation.","Commencement tied to publication (s 2) produces immediate operational effect on the day of gazettal—minimal transitional window.","Definition dependency (s 3) — the regulation fixes the meaning of 'the Act' and relies on the Interpretation Act, creating interpretive cross‑dependence.","Substantively narrow but procedurally significant: the instrument is mostly administrative (prescribing laws and preserving continuity) rather than creating new substantive entitlements, which lowers conceptual complexity but increases the need for precise statutory cross‑checking."],"plain_english_summary":"This regulation replaces the 2018 Commonwealth‑powers regulation for the National Redress Scheme, takes effect on publication, and formally lists which NSW laws continue to limit sharing information under section 10 of the National Redress Scheme Act. It preserves the legal effects of the repealed 2018 regulation. It affects NSW agencies, institutions and anyone covered by the Redress Act because those named laws keep existing secrecy or confidentiality constraints in place."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: prescribing exceptions to information-sharing restrictions for the National Redress Scheme. The 2024 version replaces the 2018 version but does not expand beyond this specific function. The list of prescribed laws has been updated to reflect current NSW legislation (including newer Acts like the Public Interest Disclosures Act 2022), but this is maintenance rather than scope expansion."},"complexity_factors":["Very short instrument — only 5 sections","Single substantive provision (section 4) consisting of a straightforward list","No defined terms beyond 'the Act' (which simply points to the parent Act)","No conditional logic, nested exceptions, or operative machinery","Purely referential — prescribes existing laws rather than creating new rules","Standard commencement, repeal and savings provisions"],"plain_english_summary":"**What this regulation does**\n\nThis is a New South Wales regulation that supports the **National Redress Scheme** — a national program that provides compensation and support to survivors of institutional child sexual abuse.\n\n**The core purpose**\n\nThe regulation specifies **exceptions to privacy rules** for the Redress Scheme. Normally, information about who applies for redress and what they say is kept strictly confidential. However, this regulation lists **18 specific NSW laws** where that information **can** be shared despite the usual secrecy provisions.\n\n**Who it affects**\n\n- **Survivors** applying for redress through the Scheme\n- **NSW government agencies** that hold information relevant to redress applications\n- **Law enforcement and integrity bodies** — including the Crime Commission, ICAC, the Ombudsman, and police — who may receive information under the listed laws\n\n**Why it matters**\n\nThe regulation balances two important needs:\n- **Protecting survivors' privacy** — keeping their personal information and abuse history confidential\n- **Allowing legitimate oversight** — ensuring that when serious issues arise (corruption investigations, child protection concerns, law enforcement operations), relevant information can still flow to the right authorities\n\n**The 18 laws cover areas like:**\n- Child protection and offender monitoring\n- Anti-corruption and police oversight\n- Health privacy and public health\n- Witness protection and controlled operations\n- Whistleblower protections\n\nWithout this regulation, agencies might be legally blocked from sharing critical information even when there's a genuine public interest in doing so."}},"importantCases":[],"_links":{"self":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024","history":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024/history","analysis":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024/analysis","conflicts":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024/conflicts","importantCases":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024/important-cases","documents":"/api/acts/national-redress-scheme-for-institutional-child-sexual-abuse-commonwealth-powers-regulation-2024/documents"}}