{"id":"nsw:sl-2024-0387","name":"Terrorism (High Risk Offenders) Regulation 2024","slug":"terrorism-high-risk-offenders-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"387 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174382,"registerId":"nsw-sl-2024-0387-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Terrorism (High Risk Offenders) Regulation 2024](/view/html/inforce/current/sl-2024-0387).","sortOrder":1},{"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 This regulation repeals and replaces the [Terrorism (High Risk Offenders) Regulation 2018](/view/html/repealed/current/sl-2018-0009), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section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":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The dictionary in Schedule 1 defines words used in this regulation.\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":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Information about eligible offenders—the Act, s 58(1)","content":"# Part 2 Information about eligible offenders—the Act, s 58(1)\n\nPart 2 Information about eligible offenders—the Act, s 58(1)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed circumstances","content":"#### 4 Prescribed circumstances\n\n4 Prescribed circumstances\n\n> > (1) For the Act, section 58(1), the prescribed circumstances are that the Attorney General is satisfied—\n> > \n> > > (a) the person on whom the order is served is a compellable person, and\n> > \n> > > (b) the information is required for use in—\n> > > \n> > > > (i) determining whether or not to make an application for a declaration under the Act, section 12, or an order under the Act, Part 2 or 3, or\n> > > \n> > > > (ii) proceedings under the Act, and\n> > \n> > > (c) if the person is not a public authority or a public official—the eligible offender could pose an unacceptable risk of committing a future serious terrorism offence.\n> \n> > (2) In this section—\n> > \n> > compellable person—\n> > \n> > > (a) means a person specified in Schedule 2, but\n> > \n> > > (b) does not include another Australian jurisdiction or a person exercising functions for or on behalf of another Australian jurisdiction.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed offender information","content":"#### 5 Prescribed offender information\n\n5 Prescribed offender information\n\n> For the Act, section 58(1), offender information is of a prescribed kind if the information—\n> \n> > (a) consists of a pre-existing document, and\n> \n> > (b) is of a kind specified in Schedule 3.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed terrorism intelligence authorities—the Act, s 4","content":"#### 6 Prescribed terrorism intelligence authorities—the Act, s 4\n\n6 Prescribed terrorism intelligence authorities—the Act, s 4\n\n> For the Act, section 4(1), definition of prescribed terrorism intelligence authority, the following are prescribed—\n> \n> > (a) the Independent Commission Against Corruption,\n> \n> > (b) the Inspector of the Independent Commission Against Corruption,\n> \n> > (c) the Law Enforcement Conduct Commission,\n> \n> > (d) the Inspector appointed under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 120,\n> \n> > (e) the New South Wales Crime Commission,\n> \n> > (f) the NSW Police Force,\n> \n> > (g) Corrective Services NSW, within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Relevant experts—the Act, s 4","content":"#### 7 Relevant experts—the Act, s 4\n\n7 Relevant experts—the Act, s 4\n\n> > (1) For the Act, section 4(1), definition of relevant expert, the following are prescribed—\n> > \n> > > (a) knowledge about the assessment of high risk offenders, including the administration of psychometric assessment instruments and recidivism issues,\n> > \n> > > (b) knowledge about the formation and operation of terrorist groups, including recruitment practices, ideology, financing and training,\n> > \n> > > (c) knowledge obtained as a result of being trained in the use of—\n> > > \n> > > > (i) the Violent Extremism Risk Assessment Version 2–Revised (VERA–2R) risk assessment tool, or\n> > > \n> > > > (ii) another tool or process developed specifically to assess the risk of an offender committing a terrorism offence on release into the community.\n> \n> > (2) In this section—\n> > \n> > high risk offender means a person posing a risk of engaging in, or inciting other persons to engage in, activities that constitute a serious threat to the peace, order or good government of the State or another place.\n> > \n> > terrorism offence means a terrorism offence or serious terrorism offence within the meaning of the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Independent third party representatives—the Act, s 59B","content":"#### 8 Independent third party representatives—the Act, s 59B\n\n8 Independent third party representatives—the Act, s 59B\n\n> > (1) For the Act, section 59B(2), a person is of a prescribed kind if—\n> > \n> > > (a) the person is a retired judicial officer, or is qualified to be appointed as a judicial officer, of an Australian jurisdiction, and\n> > \n> > > (b) the Supreme Court is satisfied that the person understands the requirements imposed by or under a law of New South Wales or the Commonwealth in relation to accessing, storing, handling and destroying the terrorism intelligence concerned, and\n> > \n> > > (c) the Supreme Court is satisfied that the person will maintain the confidentiality of the terrorism intelligence concerned, and\n> > \n> > > (d) if the Supreme Court requires the person to be given a security clearance at an appropriate level by the Commonwealth—the person has been given the clearance.\n> \n> > (2) For the Act, section 59B(5), an independent third party must take reasonable steps to avoid any conflicts of interest, real or apparent, in connection with the exercise of the functions of an independent third party representative.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and savings","content":"#### 9 Repeal and savings\n\n9 Repeal and savings\n\n> > (1) The [Terrorism (High Risk Offenders) Regulation 2018](/view/html/repealed/current/sl-2018-0009) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Terrorism (High Risk Offenders) Regulation 2018](/view/html/repealed/current/sl-2018-0009), had effect under that regulation continues to have effect under this regulation.","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 1 Dictionary\n\nSchedule 1 Dictionary\n\nsection 3\n\nassociate, of an eligible offender, means a person, other than a family member, with whom the offender has, or formerly had, a personal or business relationship.\n\neducational institution means a school, college, university or other institution at which education or training is provided.\n\nfamily member, of an eligible offender, means the following persons—\n\n> (a) the offender’s spouse,\n\n> (b) a parent, step-parent or legal guardian of the offender or the offender’s spouse,\n\n> (c) a grandparent or step-grandparent of the offender or the offender’s spouse,\n\n> (d) a sibling, nephew, niece, uncle or aunt of the offender or the offender’s spouse,\n\n> (e) a half-sibling, step-sibling, step-nephew, step-niece, step-uncle or step-aunt of the offender or the offender’s spouse,\n\n> (f) a child or grandchild of the offender or the offender’s spouse,\n\n> (g) a step-child or step-grandchild of the offender or the offender’s spouse,\n\n> (h) the spouse of a person specified in paragraph (b), (c), (d), (e), (f) or (g).\n\nfinancial institution means—\n\n> (a) an authorised deposit-taking institution within the meaning of the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth, or\n\n> (b) a body regulated by APRA within the meaning of the [Australian Prudential Regulation Authority Act 1998](http://www.legislation.gov.au/) of the Commonwealth, section 3(2)(a)–(e).\n\nmedical treatment means treatment by a medical practitioner in the course of the practice of medicine or surgery, and includes psychological or psychiatric treatment.\n\npublic authority has the same meaning as in the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035).\n\npublic official has the same meaning as in the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035).\n\nrelevant official, in relation to an educational, financial, religious or other institution, a club, an association or another organisation, means—\n\n> (a) the chief executive of the organisation, or\n\n> (b) the secretary of the organisation, or\n\n> (c) another person, however described, responsible for the day-to-day management of the organisation.\n\nreligious institution means—\n\n> (a) a recognised denomination within the meaning of the [Marriage Act 1961](http://www.legislation.gov.au/) of the Commonwealth, section 26, or\n\n> (b) a body, organisation or office within a recognised denomination.\n\nspouse includes a former spouse, a de facto partner and a former de facto partner.\n\nthe Act means the [Terrorism (High Risk Offenders) Act 2017](/view/html/inforce/current/act-2017-068).","sortOrder":12},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Compellable persons","content":"# Schedule 2 Compellable persons\n\nSchedule 2 Compellable persons\n\nsection 4(1), definition of “compellable person”","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10\n\nThe Commissioner of Victims Rights","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11\n\nThe Executive Director of the part of the department in which the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057) is administered, known as Youth Justice","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12\n\nA relevant official of the Serious Young Offenders Review Panel","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13\n\nThe principal registrar of the Civil and Administrative Tribunal","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14\n\nThe registrar of the Mental Health Review Tribunal","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15\n\nThe Children’s Guardian","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16\n\nA police officer","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17\n\nThe Secretary of the department in which the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) is administered","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n18\n\nThe Secretary of the department in which the [Education Act 1990](/view/html/inforce/current/act-1990-008) is administered","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19\n\nA financial institution","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n20\n\nAn associate or family member of the eligible offender","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21\n\nA carriage service provider within the meaning of the [Telecommunications Act 1997](http://www.legislation.gov.au/) of the Commonwealth","sortOrder":34},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22\n\nAn internet service provider within the meaning of the [Telecommunications Act 1997](http://www.legislation.gov.au/) of the Commonwealth","sortOrder":35},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23\n\nA medical practitioner, or former medical practitioner, involved in providing medical treatment of the eligible offender, whether currently or previously","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24\n\nA relevant official of an educational institution","sortOrder":37},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25\n\nA relevant official of a religious institution","sortOrder":38},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26\n\nA relevant official of a club, association or other organisation of which the eligible offender is or has been a member","sortOrder":39},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27\n\nAn employer or former employer of the eligible offender","sortOrder":40},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28\n\nA chief executive of a statutory health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)","sortOrder":41},{"sectionNumber":"29","sectionType":"section","heading":null,"content":"#### 29\n\n29\n\nA licensee within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009)","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":null,"content":"#### 30\n\n30\n\nA chief executive officer, within the meaning of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), of a public hospital","sortOrder":43},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Kinds of offender information","content":"# Schedule 3 Kinds of offender information\n\nSchedule 3 Kinds of offender information\n\nsection 5(b)","sortOrder":44}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a re-enactment/replacement of the 2018 Regulation with the same basic architecture. The scope remains tightly focused on information-gathering powers for high-risk terrorism offenders as established by the parent 2017 Act. No significant expansion beyond original intent is evident."},"complexity_factors":["Straightforward structure with only 3 operative parts plus schedules","Heavy reliance on defined terms from parent Act and other legislation (the Act, Commonwealth Crimes Act, ICAC Act, etc.)","Multiple cross-references to parent Act sections (ss 4, 12, 58, 59B) and external statutes","30-item list of compellable persons in Schedule 2 with some requiring knowledge of other Acts to identify (e.g., 'statutory health organisation', 'carriage service provider')","16 categories of information in Schedule 3 with some overlap and broad descriptors ('behaviour patterns', 'ideologies')","Conditional logic in section 4 requiring three cumulative tests for compulsion (compellable person + required purpose + risk assessment for non-public entities)","Nested definitions in Schedule 1 (e.g., 'family member' has 8 sub-categories, 'financial institution' references Commonwealth Banking Act)"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets out the operational details for how New South Wales authorities can gather and share information about people who might be high-risk terrorism offenders. It works alongside the main *Terrorism (High Risk Offenders) Act 2017*.\n\n**Key things it covers:**\n\n- **Who can be forced to hand over information:** The regulation lists 30 types of people and organisations who can be compelled (legally required) to provide information about an eligible offender. These include police, prison bosses, doctors, banks, internet providers, employers, schools, family members, and even religious institutions.\n\n- **What information can be collected:** It specifies 16 categories of documents that can be demanded, including medical reports, prison records, phone and internet data, financial records, employment history, religious beliefs, social media posts, and letters to family.\n\n- **When information can be demanded:** The Attorney General must be satisfied that the person being asked has the information, that it's needed for court proceedings or to decide whether to apply for a supervision order, and (for private individuals) that the offender poses an \"unacceptable risk\" of future terrorism.\n\n- **Who counts as an expert:** It defines what expertise is needed for people assessing these offenders—including knowledge of terrorist group operations and specific risk assessment tools like VERA-2R.\n\n- **Independent oversight:** It sets requirements for independent third parties who handle sensitive terrorism intelligence—they must be retired or qualified judges, understand security protocols, and get security clearances if required.\n\n- **Which agencies are involved:** It adds corruption watchdogs, the Crime Commission, Police, and Corrective Services to the list of \"terrorism intelligence authorities.\"\n\n**Why it matters:**\n\nThis regulation gives significant coercive powers to the Attorney General to dig deep into almost every aspect of a person's life—medical, financial, educational, religious, and digital—if they are suspected of being a high-risk terrorism offender. It balances these intrusive powers with some safeguards (independent oversight, specific thresholds for private entities) but represents a substantial expansion of state surveillance and information-gathering capacity."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation expressly repeals and replaces the Terrorism (High Risk Offenders) Regulation 2018 (s2, s9). The instrument itself does not state whether it expands or narrows substantive coverage; determining concrete scope changes requires a textual comparison with the 2018 regulation. This instrument sets new or updated lists (Schedules 2 and 3) and procedural conditions (s4, s7–s8) that will govern future information requests and handling."},"complexity_factors":["Discretionary trigger: Attorney General must be \"satisfied\" before requiring information (s4(1)) — introduces administrative judgment and legal risk.","Broad list of compellable persons across public agencies, private providers, associates and family (Schedule 2) — many entities may be required to produce material.","Wide catalogue of qualifying documents including medical, custodial, communications, financial, ideological and online material (Schedule 3) — increases collection, privacy and handling complexity.","Multiple cross‑references to other Acts and external definitions (s3, Schedule 1) — interpretive complexity and reliance on external statutory meanings.","Prescribed terrorism intelligence authorities and roles span oversight, police, corrective services and crime commission (s6) — coordination and information‑sharing burdens.","Specified expert competencies including use of particular risk tools (VERA–2R) create technical gatekeeping for assessments (s7).","Supreme Court involvement and optional Commonwealth security clearances for independent third parties impose judicial oversight and clearance logistics (s8(1)(b)–(d)).","Repeal and replacement of the 2018 regulation (s2, s9) requires transitional interpretation and potential alignment of existing practices.","Operational duties for confidentiality, storage and destruction of terrorism intelligence implied by third‑party conditions (s8) — compliance and record‑management costs."],"plain_english_summary":"This regulation sets the rules for obtaining and handling pre‑existing documents and expert input about people classed as \"eligible\" high‑risk terrorism offenders in NSW. It names who can be compelled to provide records (Schedule 2), what kinds of documents qualify (Schedule 3), which agencies count as terrorism intelligence authorities (s6), and the expertise expected of assessors (s7).\n\nThe Attorney General decides when information may be required (s4) and the Supreme Court vets independent third‑party representatives (s8); listed agencies, service providers and associates bear the compliance burden."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to function as a supporting instrument for the existing Terrorism (High Risk Offenders) Act framework. However, the absence of substantive provisions in the provided text means this assessment cannot be made with full confidence."},"complexity_factors":["Operates within a complex parent Act (Terrorism (High Risk Offenders) Act) involving post-sentence detention and supervision — a legally sensitive area","Interaction with a pending but not-yet-commenced amendment from the Victims Rights and Victims of Crime Commissioner Act 2025 adds a layer of transitional complexity","Staged automatic repeal mechanism under the Subordinate Legislation Act 1989 requires tracking of sunset dates","The regulation's actual substantive content was not provided, making full assessment impossible — complexity score is conservative based on available metadata and known framework","Terrorism law generally involves cross-jurisdictional considerations (federal and state law interaction)"],"plain_english_summary":"This NSW regulation implements the Terrorism (High Risk Offenders) framework to manage people convicted of serious terrorism offences after release, affecting those individuals, courts and agencies like Corrective Services, and potentially victims. It commenced 16 August 2024 and is scheduled for automatic repeal on 1 September 2029.\n\nThe provided document lacks the regulation’s substantive provisions, so this teaser reflects the parent Act’s supervisory purpose: ongoing supervision or detention beyond sentence, balancing community safety against individual liberties."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-high-risk-offenders-regulation-2024","history":"/api/acts/terrorism-high-risk-offenders-regulation-2024/history","analysis":"/api/acts/terrorism-high-risk-offenders-regulation-2024/analysis","conflicts":"/api/acts/terrorism-high-risk-offenders-regulation-2024/conflicts","importantCases":"/api/acts/terrorism-high-risk-offenders-regulation-2024/important-cases","documents":"/api/acts/terrorism-high-risk-offenders-regulation-2024/documents"}}