{"id":"sentencing-regulations-1996","name":"SENTENCING REGULATIONS 1996","slug":"sentencing-regulations-1996","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177146,"registerId":"nt-sentencing-regulations-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"SENTENCING REGULATIONS 1996","content":"NORTHERN TERRITORY OF AUSTRALIA\nSENTENCING REGULATIONS 1996\nAs in force at 1 July 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\nPart 2 General matters\n2 Prescribed program and undertaking .............................................. 1\n3 Proper officer ................................................................................... 1\n4 Prescribed persons.......................................................................... 2\n5 Prescribed conditions ...................................................................... 2\n11 Breach of order suspending sentence ............................................. 3\n12 Hospital orders ................................................................................ 3\n12A Breach of hospital order .................................................................. 3\n12B Certificate for victims of identity crime ............................................. 3\n13 Other alleged offences taken into account ...................................... 3\nPart 3 Rehabilitation program in relation to\ndomestic and family violence\n14 Definition.......................................................................................... 4\n15 Application of Part ........................................................................... 4\n16 Notification obligations of program facilitator ................................... 4\n17 Bringing offender before court for review ......................................... 5\n18 Satisfactory completion of rehabilitation program in relation to\ndomestic and family violence ........................................................... 5\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nSENTENCING REGULATIONS 1996\nRegulations under the Sentencing Act 1995\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Sentencing\nRegulations 1996.\nPart 2 General matters\n2 Prescribed program and undertaking\n(1) For the definition prescribed program in section 3(1) of the Act,\neach of the following is a prescribed program for a community\ncorrection order or an intensive community correction order:\n(a) an alcohol or other drug treatment program;\n(b) an education or training program in driving;\n(c) any other education or training program;\n(d) treatment or counselling addressing personal factors.\n(2) For the definition undertaking in section 3(1) of the Act, the\nprescribed form is Form 1 in the Schedule.\n3 Proper officer\nFor section 3(1) of the Act, definition proper officer, the proper\nofficer for the Local Court is a registrar (as defined in section 3 of\nthe Local Court Act 2015).\nNote for regulation 3\nFor the Supreme Court, see rule 81A of the Supreme Court Rules 1987.\n\nPart 2 General matters\nSentencing Regulations 1996 2\n4 Prescribed persons\n(1) For the purposes of sections 42(3)(b) and 43(1) and (2) of the Act,\neach person who is a probation and parole officer and an employee\nof the Agency responsible under the Minister for the administration\nof the Correctional Services Act 2014 is a prescribed person.\n(2) In addition to subregulation (1), for the purposes of section 43(1)\nand (2), each person who is a prosecutor is a prescribed person.\n(3) For the purposes of section 85(2) of the Act, the Chief Health\nOfficer is a prescribed person.\n(4) For the purposes of section 86(1) of the Act, the Chief Health\nOfficer and the Commissioner are prescribed persons.\n5 Prescribed conditions\n(1) For section 34(1)(c) of the Act, the following conditions are\nprescribed:\n(a) the offender:\n(i) is under the ongoing supervision of a probation and\nparole officer; and\n(ii) must report to a probation and parole officer at a\nspecified place within 2 business days after the order\ncomes into force;\n(b) the offender must remain in the offender's residence for a\nspecified period of time of the day;\n(c) the offender must wear or have attached an approved\nmonitoring device;\n(d) the offender must allow the placing or installation in, and\nretrieval from, a specified place of anything necessary for the\neffective operation of the monitoring device;\n(e) the offender must participate in a prescribed program,\ndesigned to address the personal factors that contribute to the\noffender's criminal behaviour, as directed by the\nCommissioner;\n(f) the offender must participate in any other program, course or\nservice the court considers appropriate;\n\nPart 2 General matters\nSentencing Regulations 1996 3\n(g) the offender must not consume or purchase alcohol or a drug\n(other than as prescribed by a medical practitioner or other\nhealth practitioner);\n(h) the offender must submit to a breath test, breath analysis or\nblood or urine test at the request of a probation and parole\nofficer or police officer;\n(i) the offender must not:\n(i) be in company with one or more specified persons; or\n(ii) communicate in any way (including by post, fax, phone\nand other electronic means, and whether directly or\nindirectly) with one or more specified persons;\n(j) the offender must not, except as provided in the order, visit\none or more specified places (including a district or specific\nlocation).\n(2) For section 48(1)(d) of the Act, the conditions specified in\nsubregulation (1)(b) to (j) are prescribed.\n11 Breach of order suspending sentence\nFor the purposes of section 43(1) and (2) of the Act, the prescribed\nform is Form 4 in the Schedule.\n12 Hospital orders\nFor the purposes of section 80(1)(a) and (b) of the Act, the\nprescribed form is Form 5 in the Schedule.\n12A Breach of hospital order\nFor the purposes of section 86(1) of the Act, the prescribed form is\nForm 5A in the Schedule.\n12B Certificate for victims of identity crime\nFor section 97AB of the Act, the prescribed form is Form 5B in the\nSchedule.\n13 Other alleged offences taken into account\nFor the purposes of section 107 of the Act, the prescribed form is\nForm 6 in the Schedule.\n\nPart 3 Rehabilitation program in relation to domestic and family violence\nSentencing Regulations 1996 4\nPart 3 Rehabilitation program in relation to domestic\nand family violence\n14 Definition\nIn this Part:\norder, in relation to an offender, means a community correction\norder or an intensive community correction order subject to the\ncondition that the offender satisfactorily complete a rehabilitation\nprogram in relation to domestic and family violence.\n15 Application of Part\nFor sections 34(3) and 48(3) of the Act, this Part applies.\n16 Notification obligations of program facilitator\n(1) A program facilitator for a rehabilitation program in relation to\ndomestic and family violence must notify both the police and a\nprobation and parole officer if the facilitator:\n(a) becomes aware of an offender committing domestic violence\nwhile the offender is subject to an order; or\n(b) becomes aware of an offender engaging in conduct that\ncontravenes a DVO while the offender is subject to an order;\nor\n(c) believes on reasonable grounds that an offender may present\nan unacceptable risk to the safety or welfare of a protected\nperson or any other person.\n(2) The notice must be in writing and include the particulars of the\noffender's conduct of which the program facilitator is aware.\n(3) A program facilitator for a rehabilitation program in relation to\ndomestic and family violence must provide the following to a\nprobation and parole officer:\n(a) if an offender satisfactorily completes the requirements of the\nprogram – a completion notice;\n(b) if an offender fails to comply with a requirement of the\nprogram – a non-compliance notice.\nNote for subregulation (3)(b)\nA failure to comply with a requirement of the program may constitute a breach of\nthe order – see sections 39A and 39B or sections 48F and 48G of the Act for the\nconsequences of breaching an order.\n\nPart 3 Rehabilitation program in relation to domestic and family violence\nSentencing Regulations 1996 5\n(4) If requested by a court, a program facilitator for a rehabilitation\nprogram in relation to domestic and family violence must provide a\nparticipation notice to the court summarising an offender's\nparticipation in the program.\n17 Bringing offender before court for review\n(1) The court may require an offender who is subject to an order to\nappear before it from time to time for a review of the offender's\nprogress in the program.\n(2) The court may request the program facilitator for the program to\nprovide a participation notice under regulation 16(4) for an offender\nprior to a review under subregulation (1).\n18 Satisfactory completion of rehabilitation program in relation to\ndomestic and family violence\nAn offender subject to an order is considered to have satisfactorily\ncompleted a rehabilitation program in relation to domestic and\nfamily violence if:\n(a) the offender completes the program; and\n(b) if a DVO in relation to the offender is in force – the offender\ndid not breach the DVO for the duration of the order; and\n(c) the defendant did not commit any domestic violence for the\nduration of the order; and\n(d) a probation and parole officer receives a completion notice\nunder regulation 16(3)(a).\n\nSchedule\nSentencing Regulations 1996 6\nSchedule\nFORM 1\nregulation 2\nNORTHERN TERRITORY OF AUSTRALIA\nSentencing Act 1995\nUNDERTAKING\nWHEREAS, I (full name and address of offender) was before the\nCourt in respect of the following offence/s:\nNOW I give the following undertaking:\nDated\nOffender\n\nSchedule\nSentencing Regulations 1996 7\nFORM 4\nregulation 11\nNORTHERN TERRITORY OF AUSTRALIA\nSentencing Act 1995\nAPPLICATION FOR BREACH OF ORDER SUSPENDING SENTENCE –\nSECTION 43(1), (2) AND (3)\nThis application will be dealt with by (name of court) at (venue) at (time) on\n(date).\nDated\n*Sheriff / Registrar of ___Court\nThis application is being made by\nof\nTO:\nof\nSENTENCING ORDER\nOn / / the Court at\nmade an order against you suspending a sentence of imprisonment under\nsection 40 of the Sentencing Act 1995.\n*APPLICATION UNDER SECTION 43(1)\nI apply under section 43(1) of the Sentencing Act 1995 to the Court for an\norder under section 43 of the Sentencing Act 1995 that you be dealt with for a\nbreach of the order suspending your sentence.\nGROUNDS OF APPLICATION\nWhile the order suspending the sentence of imprisonment was in force or\nwithin 2 years after the operational period of the order it appears that you\ncommitted the following offence punishable by imprisonment:\n*APPLICATION UNDER SECTION 43(2)\nI apply to the Court under section 43(2) of the Sentencing Act 1995 for an\norder under section 43 of the Sentencing Act 1995 that you be dealt with for a\nbreach of the order suspending your sentence.\n\nSchedule\nSentencing Regulations 1996 8\nGROUNDS OF APPLICATION\nThat you failed to comply with the following condition(s) to which the order\nsuspending your sentence was subject:\nDated\nPrescribed person\n* Delete whichever is inapplicable.\n\nSchedule\nSentencing Regulations 1996 9\nFORM 5\nregulation 12\nNORTHERN TERRITORY OF AUSTRALIA\nSentencing Act 1995\nCERTIFICATE AND REPORT OF CHIEF HEALTH OFFICER\nRef No.\nDate of hearing:\nFull name of defendant:\nAddress of defendant:\nPART A – CERTIFICATE\nI, the undersigned, the Chief Health Officer, certify that the abovenamed\ndefendant was examined by (name of medical practitioner), a medical\npractitioner, on (time and date) at .\nIt is his/her opinion that:\n(a) the defendant appears to be suffering from a mental illness\nthat requires treatment;\n(b) the treatment can only be obtained by admission to and\ndetention in a hospital; and\n(c) the defendant should be admitted as a patient for his or her\nhealth or safety or for the protection of members of the public.\nThe opinion is based on the following facts:\nPART B – REPORT\nI, the undersigned, the Chief Health Officer, report that facilities are available\nat the (name of hospital) for the abovenamed defendant to undertake\ntreatment for his/her mental illness and the admission, detention and\ntreatment of the defendant is appropriate.\nDated\nChief Health Officer\n\nSchedule\nSentencing Regulations 1996 10\nFORM 5A\nregulation 12A\nNORTHERN TERRITORY OF AUSTRALIA\nSentencing Act 1995\nAPPLICATION FOR ORDER FOR BREACH OF HOSPITAL ORDER –\nSECTION 86(1) AND (2)\nThis application will be dealt with by (name of court) at (venue) at (time) on\n(date)\nDated\n*Sheriff / Registrar of ___Court\nThis application is being made by\nof\nTO:\nof\nHOSPITAL ORDER\nOn / / you were found guilty of the following offence(s):\nand the Court pursuant to section 80:\n* sentenced you to and ordered that you be admitted to and\ndetained in a hospital to enable you to be diagnosed, assessed and treated\nfor a period, not exceeding 3 months, as determined by the Chief Health\nOfficer.\n* instead of sentencing you, ordered that you be admitted to and\ndetained in a hospital to enable you to be diagnosed, assessed and treated\nfor the period of .\n* sentenced you to and ordered that you be admitted to and\ndetained in a hospital to enable you to be treated for the period of .\nThe order was subject to the following condition(s):\nAPPLICATION\nI apply to the Court for an order under section 86 of the Sentencing Act 1995\nthat you be dealt with for a breach of the order made under section 80 of the\nSentencing Act 1995.\n\nSchedule\nSentencing Regulations 1996 11\nGROUNDS OF APPLICATION\nDated\nPrescribed person\n* Delete whichever is inapplicable.\n\nSchedule\nSentencing Regulations 1996 12\nFORM 5B\nregulation 12B\nNORTHERN TERRITORY OF AUSTRALIA\nSentencing Act 1995\nCERTIFICATE FOR VICTIM OF IDENTITY CRIME\nName of Supreme Court Judge / Local Court Judge:\nPlace where certificate is being issued:\nFull name or business\nname of victim:\nCurrent address:\nDate of birth or ABN:\nDetails of how identification information relating to the victim was used to\ncommit an offence against section 228C, 228D or 228E of the Criminal Code:\nAny other relevant information:\nIn issuing this certificate, I have had regard to section 97AB of the Act.\nDated\nSupreme Court Judge / Local Court Judge\n\nSchedule\nSentencing Regulations 1996 13\nFORM 6\nregulation 13\nNORTHERN TERRITORY OF AUSTRALIA\nSentencing Act 1995\nOTHER ALLEDGED OFFENCES THAT MAY BE TAKEN INTO ACCOUNT\nPART A\nTo\nCharged with\nBefore the Court at .\nMEMORANDUM FOR ACCUSED'S INFORMATION\n(1) The list on the back of this form gives particulars of other offences you\nare alleged to have committed, but in respect of which you have not\nbeen found guilty.\n(2) If you are convicted on a charge set out above you may, before\nsentence is passed, ask to be allowed to admit all or any of the other\noffences listed on the back of this form and to have them taken into\naccount by the Court in passing sentence on you.\n(3) If at your request any of the other offences listed on the back are taken\ninto account by the Court, then –\n(a) this does not amount to a conviction in respect of the other\noffences taken into account;\n(b) the Court may not impose a sentence on you in respect of a\ncharge set out above in excess of the maximum penalty for the\noffence with which you are charged.\n(4) No further proceedings may be taken against you in respect of any\nother offences taken into account at your request unless your\nconviction for the offence above is quashed or set aside.\n(5) If any proceedings are taken against you in respect of any offence that\nyou have asked to have taken into account your admission of that\noffence cannot be used as evidence against you in those proceedings.\nDated\nProsecutor/police officer\n\nSchedule\nSentencing Regulations 1996 14\nDated\nAccused\nPART B\nCERTIFICATE\nIn sentencing for the offence(s) of\nthis day the Court has taken into account the following offences alleged\nagainst and admitted by the accused, that is to say the offences\nnumbered on the back of this form.\nDated\nSupreme Court Judge / Local Court Judge\nPART C\nNumber Place where\noffence\ncommitted\nDate of offence Description of\noffence (with\nparticulars)\n\nENDNOTES\nSentencing Regulations 1996 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSentencing Regulations (SL No. 28, 1996)\nNotified 1 July 1996\nCommenced 1 July 1996\nAmendments of Sentencing Regulations (SL No. 57, 1996)\nNotified 19 December 1996\nCommenced 19 December 1996\nAmendment of Sentencing Regulations (SL No. 9, 1997)\nNotified 9 April 1997\nCommenced 9 April 1997\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced s 16: 10 December 1997; rem: 1 May 1997 (Gaz G17,\n30 April 1997, p 2)\nSentencing (Consequential Amendments) Act 2001 (Act No. 56, 2001)\nAssent date 19 October 2001\nCommenced 22 October 2001 (s 2)\nSentencing Amendment (Prescribed Persons) Regulations 2006 (SL No. 1, 2006)\nNotified 1 February 2006\nCommenced 1 February 2006\nSentencing Amendment (Alcohol Court) Regulations 2006 (SL No. 21, 2006)\nNotified 14 June 2006\nCommenced 14 June 2006\nAlcohol Reform (Substance Misuse Assessment and Referral for Treatment Court)\nAct 2011 (Act No. 19, 2011)\nAssent date 20 May 2011\nCommenced 1 July 2011 (Gaz G23, 8 June 2011, p 6)\n\nENDNOTES\nSentencing Regulations 1996 16\nPrisons (Correctional Services) (Community Orders) Regulations (SL No. 53, 2011)\nNotified 20 December 2011\nCommenced 27 February 2012 (r 2, s 2 Justice (Corrections) and Other\nLegislation Amendment Act 2011 (Act No. 24, 2011) and\nGaz S9, 21 February 2012)\nAlcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nSentencing Amendment Regulations 2014 (No. 23, 2014)\nNotified 1 July 2014\nCommenced 1 July 2014 (r 2, s 2, Justice and Other Legislation\nAmendment Act (No. 11 , 2014) and Gaz S54, 1 July 2014)\nSentencing Amendment (Identity Crime) Regulations 2014 (No. 24, 2014)\nNotified 1 July 2014\nCommenced 1 July 2014 (r 2, s 2 Criminal Code Amendment (Identity\nCrime) Act 2014 (Act No. 9, 2014) and Gaz S52, 1 July 2014)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 April 2016 (Gaz S34, 29 April 2016)\nSentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022)\nAssent date 9 December 2022\nCommenced 25 March 2024 (Gaz S19, 22 March 2024)\nAmending Legislation\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act\nNo. 33, 2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nSentencing Amendment Regulations 2023 (No. 23, 2023)\nDate made 30 November 2023\nCommenced 1 December 2023 (r 2, s 2, Sentencing Legislation\nAmendment Act 2023 (Act No. 11, 2023) and Gaz S81,\n30 November 2023)\n\nENDNOTES\nSentencing Regulations 1996 17\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024,\np 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: nc;\nrem: 25 May 2024 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 4 and 4A and Sch.\n4 LIST OF AMENDMENTS\npt 1 hdg ins Act No. 28, 2022, s 30\npt 2 hdg ins Act No. 28, 2022, s 31\nr 2 sub No. 53, 2011, r 42\namd Act No. 28, 2022, s 32\nr 3 sub No. 21, 2006, r 3\namd Act No. 19, 2011, s 46; Act No. 17, 2013, s 178\nsub Act No. 9, 2016, s 142\nr 4 amd Act No. 17, 1997, s 18; No. 1, 2006, r 3; Act No. 27, 2014, s 57; Act\nNo. 28, 2022, s 33\nr 4A ins No. 53, 2011, r 43\namd Act No. 27, 2014, s 57\nrep Act No. 28, 2022, s 34\nr 5 sub Act No. 28, 2022, s 34\nrr 6 – 9 rep No. 1, 2006, r 4\nr 10 amd Act No. 56, 2001, s 6\nrep No. 53, 2011, r 44\nr 11A ins No. 9, 1997\nrep No. 53, 2011, r 44\nr 12A ins No. 57, 1996, r 1\nr 12B ins No. 24, 2014, r 4\nr 13 amd No. 23, 2014, r 4\npt 3 hdg ins Act No. 28, 2022, s 35\nrr 14 – 18 ins Act No. 28, 2022, s 35\npt 4 hdg ins No. 23, 2023, r 4\nrep Act No. 9, 2024, s 37\nr 19 ins No. 23, 2023, r 4\nrep Act No. 9, 2024, s 37\nsch amd No. 57, 1996, r 2; Act No. 17, 1997, s 18; No. 1, 2006, r 5; No. 23, 2014,\nr 5; No. 24, 2014, r 5; Act No. 9, 2016, s 143; Act No. 28, 2022, s 36","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple administrative prescriptions. Originally likely focused on basic forms and procedural mechanics, they now include substantive operational frameworks—particularly Part 3 (domestic violence rehabilitation) added in 2022, which creates a detailed reporting and compliance regime with safety notification obligations. The addition of identity crime victim certificates (regulation 12B, 2014) and the expansion of prescribed conditions in regulation 5 (2022) show the regulations have evolved into an active regulatory framework governing offender management and victim protection, not merely procedural fill-in."},"complexity_factors":["Moderate cross-referencing to the parent Sentencing Act 1995 (sections 3, 34, 40, 42, 43, 48, 80, 85, 86, 97AB, 107)","Multiple defined terms imported from the Act (prescribed program, undertaking, proper officer) plus one local definition ('order' in Part 3)","Nested conditions in regulation 5 with 10 sub-paragraphs covering various offender restrictions","Procedural requirements with specific notification triggers in Part 3 (regulation 16)","Multiple prescribed forms (Forms 1, 4, 5, 5A, 5B, 6) with detailed fields","Some conditional logic in regulation 18 requiring four cumulative criteria for 'satisfactory completion' of domestic violence programs","Historical amendment trail showing evolution (regulations 6-9 and 10 repealed, Part 4 inserted and repealed, various substitutions)"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **Sentencing Regulations 1996** for the Northern Territory. They operate under the main *Sentencing Act 1995* and fill in the practical details that the Act doesn't cover—like what forms to use, who can do what, and what specific conditions can be attached to court orders.\n\n**Key things covered:**\n\n*   **Programs for offenders:** Lists what rehabilitation and education programs offenders can be ordered to attend (drug treatment, driving courses, counselling, etc.).\n*   **Court forms:** Provides the actual forms for various court processes—like applying to deal with someone who breached their suspended sentence, hospital orders for mentally ill offenders, and certificates for victims of identity crime.\n*   **Who is a \"prescribed person\":** Specifies which officials can take certain actions (probation officers, prosecutors, the Chief Health Officer).\n*   **Conditions for community orders:** Sets out specific rules offenders might have to follow, such as:\n    *   Wearing electronic monitoring devices\n    *   Curfews (staying home during set hours)\n    *   Alcohol and drug bans\n    *   Submitting to breath or urine tests\n    *   Non-association orders (banned from contacting specific people)\n    *   Exclusion zones (banned from specific places)\n*   **Domestic violence rehabilitation:** Part 3 creates a specific framework for offenders ordered to complete domestic violence programs. It requires program facilitators to notify police and probation officers if an offender commits domestic violence during the program, breaches a domestic violence order (DVO), or poses a safety risk. It also sets out when an offender has \"satisfactorily completed\" the program.\n\n**Who it affects:**\n\n*   Offenders sentenced to community correction orders or intensive supervision\n*   Victims of domestic violence (through safety notification requirements)\n*   Victims of identity crime (who can receive certificates from courts)\n*   Court staff, police, probation and parole officers, prosecutors, and health officials\n\n**Why it matters:**\n\nThese regulations make the sentencing system work in practice. Without them, courts wouldn't have standard forms, offenders wouldn't know what programs they must attend, and there would be no clear rules about when to warn authorities about dangerous behaviour during rehabilitation. The domestic violence provisions are particularly significant—they create accountability by forcing program providers to report ongoing violence, aiming to protect victims during the rehabilitation process."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The regulations began as administrative details to support the Sentencing Act (forms, prescribed programs, and conditions). Over time they have been expanded to include substantive regulatory duties that change how community correction orders operate in practice. Notably: the addition of a standalone Part on rehabilitation programs for domestic and family violence (regs 14–18) imposes new statutory notification/reporting obligations on program facilitators and sets out a multi‑factor test for \"satisfactory completion\" (reg 16–18). Other additions include a prescribed certificate for victims of identity crime (Form 5B, reg 12B) and specific forms and processes for hospital orders and breaches (Forms 5 and 5A, regs 12, 12A). These insertions extend the regulations beyond purely pro forma administrative prescriptions into substantive operational requirements affecting providers, probation services and courts."},"complexity_factors":["Short instrument (18 regulations and a Schedule) but multiple distinct topics (programs, forms, conditions, DFV program rules).","6 prescribed Schedule forms (Forms 1, 4, 5, 5A, 5B, 6) with substantive procedural content.","Cross‑references to many provisions of the Sentencing Act (regs 2, 4, 5, 11–13, 14–18) — requires reading the parent Act to see legal effect.","Cross‑references to other legislation and rules (Local Court Act 2015, Supreme Court Rules 1987) for institutional definitions (reg 3).","A multi‑element definition of ‘satisfactory completion’ in the DFV Part that combines program completion and behavioural criteria (reg 18), creating conditional logic.","Multiple categories of prescribed persons with different roles (probation and parole officers, correctional agency employees, prosecutors, Chief Health Officer) (reg 4).","Amendment history shows numerous insertions over time (e.g. DFV Part added by later amendment) which increases interpretive work for historical application."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Prescribes which kinds of programs count as a \"prescribed program\" for community correction orders and intensive community correction orders (alcohol/drug treatment; driving education/training; other education or training; treatment or counselling addressing personal factors) (reg 2(1)).\n- Specifies the written form of an offender's undertaking (Form 1 in the Schedule) (reg 2(2)).\n- Identifies the \"proper officer\" for the Local Court as a registrar (cross‑reference to the Local Court Act) and points to the Supreme Court Rules for the Supreme Court (reg 3, note).\n- Lists who are \"prescribed persons\" for particular functions under the Sentencing Act: probation and parole officers and employees of the correctional agency; prosecutors; and the Chief Health Officer (reg 4).\n- Specifies a set of standard conditions that courts may attach to community correction orders or intensive community correction orders (for example: reporting to a probation officer within 2 business days, residence‑restriction at specified times, wearing an approved monitoring device, participating in programs as directed by the Commissioner, alcohol/drug prohibitions and testing, exclusion from contact with specified persons or places) (reg 5(1)). It also ties these conditions to other parts of the Act (reg 5(2)).\n- Prescribes forms for procedural steps under the Sentencing Act: Form 4 for applications about breach of an order suspending sentence (reg 11); Form 5 for hospital order certificates/reports by the Chief Health Officer (reg 12); Form 5A for breach of a hospital order (reg 12A); Form 5B as the certificate for victims of identity crime (reg 12B); and Form 6 for advising an accused of other alleged offences that may be taken into account at sentencing (reg 13 and Schedule).\n\n- Adds a dedicated Part dealing with rehabilitation programs related to domestic and family violence (DFV). That Part:\n  - Defines an \"order\" for this Part as a community correction order or intensive community correction order that includes the condition of satisfactory completion of a DFV rehabilitation program (reg 14).\n  - Applies the Part to relevant sections of the Act (reg 15).\n  - Imposes notification and reporting obligations on program facilitators: they must notify police and a probation and parole officer if they become aware the offender has committed domestic violence, breached a domestic violence order (DVO), or may present an unacceptable risk; notices must be in writing and include particulars (reg 16(1)–(2)). Facilitators must also provide completion or non‑compliance notices to probation and parole officers, and participation summaries to a court on request (reg 16(3)–(4)).\n  - Enables the court to call the offender in for periodic review of progress and to request participation notices (reg 17).\n  - Sets out what counts as \"satisfactory completion\" of a DFV rehabilitation program: completing the program, not breaching a DVO while the order is in force (if a DVO exists), not committing domestic violence during the order, and a probation and parole officer having received a completion notice (reg 18).\n\n**Who this affects**\n\n- Offenders on community correction orders or intensive community correction orders (they face prescribed conditions, program participation, monitoring and reporting requirements) (regs 2, 5, 14–18).\n- Program facilitators that run DFV rehabilitation programs (they must notify police/probation of specified conduct and supply reports) (reg 16).\n- Probation and parole officers and the correctional agency (they are prescribed persons with reporting and supervision roles) (reg 4; reg 16(3)).\n- Courts and judicial officers (use prescribed forms, can require offender appearance for reviews, and rely on participation/completion notices) (regs 11, 16(4), 17, Schedule).\n- The Chief Health Officer and medical practitioners involved in hospital order certificates and reports (Forms 5 and 5A) (regs 12, 12A, Schedule).\n- Victims of identity crime (Form 5B provides a prescribed certificate under the Act) (reg 12B).\n\n**Why it matters (official purpose and a practical test of that claim)**\n\n- Officially, the regulations standardise administrative details needed to operate the Sentencing Act: what counts as an approved program, what conditions can be imposed on correction orders, who may make certain applications or certificates, and what information program facilitators must provide about DFV program participation (see regs 2, 5, 11–13, 16–18).\n\n- Testing that claim against implementation realities:\n  - Compliance and administrative costs: program facilitators must prepare and deliver written notices to police and probation (reg 16(1)–(3)), creating a reporting burden on providers and an information‑handling task for police and probation services. Courts receive additional materials on participation and completion (reg 16(4), 17).\n  - Discretion and decision‑making: the Commissioner can direct participation in certain programs (reg 5(1)(e)), which vests administrative discretion in correctional management about program placement. Courts retain review power to require offender appearances (reg 17). Those are clear decision points where public officials determine outcomes.\n  - Costs to offenders and incentive effects: several prescribed conditions impose obligations and possible restrictions on liberty (residence restrictions, monitoring devices, testing, program attendance) (reg 5(1)). Those obligations shift compliance costs onto offenders (time, potential fees, compliance with testing and monitoring), and failure to comply may lead to enforcement action under the Act (see notes referencing breach consequences in reg 16(3)(b)).\n  - Effects on private providers and service markets: mandatory reporting obligations may affect the willingness of some private or community providers to deliver DFV programs or demand different contractual arrangements (insurance, record‑keeping). The regulations do not prescribe funding or fee arrangements, so the financial burden of compliance is not allocated in the text (reg 16).\n  - Victim protection vs. evidentiary trade‑offs: the completion test for DFV programs requires no DVO breaches and no domestic violence for the duration of the order (reg 18). That sets a strict behavioural standard that links program completion to documented behaviour, but it also requires ongoing monitoring and reliable reporting to establish compliance or breaches.\n\n**Where the regulatory mechanics concentrate costs and benefits**\n\n- Concentrated administrative burdens: program facilitators, probation and parole officers, and courts must handle written notices and participation evidence (reg 16, 17). These are concentrated operational costs.\n- Diffuse benefits: the intended protective effect for victims or the rehabilitative value of standardised programs is spread over broader public safety aims; those outcomes depend on effective implementation (reg 18).\n\n**Key cross‑references and implementation dependencies**\n\n- The regulations rely on multiple sections of the Sentencing Act for legal effect (see frequent cross‑references in regs 2–5, 11–13, 14–18) and on other instruments for institutional definitions (Local Court Act 2015, Supreme Court Rules 1987). The effectiveness of several provisions depends on administrative capacity (probation services, program facilitators, the Chief Health Officer) to carry out reporting and supervision (regs 3, 4, 12, 16)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this appears to be an update to regulations that have existed since 1996, suggesting an amendment or reprint rather than a fundamental change in scope. The regulations remain focused on the operational detail of sentencing under the parent Act. No evidence of scope expansion or contraction is apparent from the information provided."},"complexity_factors":["The document provided contains almost no substantive content — it is essentially metadata only (dates, gazette numbers, agency), making it impossible to assess the actual regulatory complexity","Regulations of this type typically involve cross-referencing with the parent Sentencing Act, adding interpretive complexity","The delayed commencement (made November 2023, effective July 2024) creates a transitional period that practitioners must track","Without the actual regulation text, the true complexity cannot be fully assessed — score reflects the administrative/procedural nature typical of sentencing regulations"],"plain_english_summary":"These regulations set out the practical rules for how the Sentencing Act is applied in the ACT — e.g., calculation of fines, management of community orders, and recording/reporting of sentencing information. A 2023 update was made on 30 November 2023 and takes effect 1 July 2024, giving courts, lawyers, and agencies time to prepare. The changes affect people sentenced in ACT courts, legal practitioners, corrections agencies and judges because they alter sentencing procedures and outcomes."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/sentencing-regulations-1996","history":"/api/acts/sentencing-regulations-1996/history","analysis":"/api/acts/sentencing-regulations-1996/analysis","conflicts":"/api/acts/sentencing-regulations-1996/conflicts","importantCases":"/api/acts/sentencing-regulations-1996/important-cases","documents":"/api/acts/sentencing-regulations-1996/documents"}}