{"id":"terrorism-preventative-detention-regulations-2011","name":"Terrorism (Preventative Detention) Regulations 2011","slug":"terrorism-preventative-detention-regulations-2011","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182199,"registerId":"wa-terrorism-preventative-detention-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Terrorism (Preventative Detention) Regulations 2011","content":"![Crest]()Western Australia\n\nTerrorism (Preventative Detention) Act 2006\n\nTerrorism (Preventative Detention) Regulations 2011\n\nWestern Australia\n\nTerrorism (Preventative Detention) Regulations 2011\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Corresponding laws (s. 4(1) of the Act) 1\n\n4. Prescribed classes of persons (Act s. 45(14)) 2\n\nNotes\n\nCompilation table 3\n\n  \n\nTerrorism (Preventative Detention) Act 2006\n\nTerrorism (Preventative Detention) Regulations 2011\n\n##### 1. Citation\n\n\t\tThese regulations are the *Terrorism (Preventative Detention) Regulations 2011*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Corresponding laws (s. 4(1) of the Act)\n\nFor the purposes of the definition of ***corresponding law*** in section 4(1) of the Act, the following are declared to be corresponding laws —\n\n(a) the *Terrorism (Extraordinary Temporary Powers) Act 2006* (Australian Capital Territory) Part 2;\n\n(b) the *Terrorism (Police Powers) Act 2002* (New South Wales) Part 2A;\n\n(c) the *Terrorism (Emergency Powers) Act* (Northern Territory) Part 2B;\n\n(d) the *Terrorism (Preventative Detention) Act 2005* (Queensland);\n\n(e) the *Terrorism (Preventative Detention) Act 2005* (South Australia);\n\n(f) the *Terrorism (Preventative Detention) Act 2005* (Tasmania);\n\n(g) the *Terrorism (Community Protection) Act 2003* (Victoria) Part 2A.\n\n##### 4. Prescribed classes of persons (Act s. 45(14))\n\nFor the purposes of section 45(14) of the Act, the following classes of persons are prescribed —\n\n(a) persons with experience in working with people from culturally or linguistically diverse backgrounds;\n\n(b) persons with experience in working with Aboriginal people or Torres Strait Islanders.\n\n[Regulation 4 inserted: SL 2020/26 r. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Terrorism (Preventative Detention) Regulations 2011* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Terrorism (Preventative Detention) Regulations 2011* | 16 Sep 2011 p. 3767‑8 | r. 1 and 2: 16 Sep 2011 (see r. 2(a))   Regulations other than r. 1 and 2: 17 Sep 2011 (see r. 2(b)) |\n| *Terrorism (Preventative Detention) Amendment Regulations 2020* | SL 2020/26   31 Mar 2020 | r. 1 and 2: 31 Mar 2020 (see r. 2(a))   Regulations other than r. 1 and 2: 1 Apr 2020 (see r. 2(b)) |\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: supporting the parent Act by identifying corresponding interstate laws and prescribing support person qualifications. The 2020 amendment added regulation 4 (prescribed classes of persons) but this was within the original regulatory framework and did not expand beyond the Act's intent."},"complexity_factors":["Extremely short document (4 substantive regulations)","No defined terms section","Minimal cross-referencing (only references to specific sections of the parent Act)","Simple declarative structure ('the following are declared to be...')","No conditional logic or exceptions","Straightforward list-based content (lists of laws and classes of persons)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations support Western Australia's Terrorism (Preventative Detention) Act 2006. They do two main things:\n\n1. **Lists matching laws from other states and territories** — The regulations identify which other Australian jurisdictions have similar terrorism preventative detention laws. This matters because it allows authorities to coordinate across state borders when dealing with terrorism threats. The listed laws come from the ACT, NSW, Northern Territory, Queensland, South Australia, Tasmania, and Victoria.\n\n2. **Specifies who can assist detained people** — The regulations prescribe two specific types of people who can be appointed to help someone who has been detained under the Act:\n   - People experienced in working with culturally or linguistically diverse communities\n   - People experienced in working with Aboriginal people or Torres Strait Islanders\n\n**Who it affects:**\n- Police and security agencies operating across state borders\n- People detained under terrorism preventative detention laws (who may need culturally appropriate support)\n- The support persons themselves (who must meet these experience requirements)\n\n**Why it matters:**\nPreventative detention allows authorities to hold people without charge in terrorism emergencies. These regulations ensure that when Western Australia works with other states, their laws are recognised as equivalent, and that detained people—particularly those from diverse cultural backgrounds or Indigenous communities—have access to support from people who understand their specific needs."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations were amended in 2020 by inserting regulation 4, which prescribes classes of persons for the purposes of section 45(14). Originally the regulations provided commencement and a list of corresponding laws; the 2020 amendment expanded scope by specifying adviser/participant categories (persons experienced with culturally/linguistically diverse communities and with Aboriginal or Torres Strait Islander communities)."},"complexity_factors":["Short instrument with few operative provisions (citation, commencement, corresponding laws, prescribed classes).","Relies on external definitions and thresholds in the parent Act (see s.4(1) and s.45(14)), creating interpretive dependence.","Cross-references multiple interstate and territory Acts as \"corresponding laws,\" requiring comparative statutory reading across jurisdictions.","Prescribed classes use broad terms (\"experience in working with…\") that may require administrative judgement to apply.","Amendment history (Reg 4 inserted 2020) adds change-tracking for implementers."],"plain_english_summary":"These regulations add operational detail to the Terrorism (Preventative Detention) Act 2006: they set the commencement timing, declare which other Australian terrorism statutes count as \"corresponding laws,\" and prescribe two classes of persons for use under section 45(14) — people experienced with culturally or linguistically diverse communities and those experienced with Aboriginal or Torres Strait Islander communities. They affect policing and detention agencies applying the Act and any organisations or advisers who fill those prescribed roles, changing administrative selection and consultation practice under the Act."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Insufficient information is available to assess whether the scope of this legislation changed from its original intent, as the full text of the Regulations could not be retrieved. No assessment can be made."},"complexity_factors":["Preventative detention frameworks involve complex interactions between civil liberties, security law, and procedural safeguards","Regulations of this type typically cross-reference multiple Acts, including parent terrorism legislation and human rights instruments","The subject matter (counter-terrorism) involves specialised legal concepts not familiar to most laypeople","Western Australian terrorism law must be read alongside Commonwealth terrorism legislation, creating a layered federal-state framework","Oversight and notification requirements in detention regulations are typically detailed and technically precise","Full analysis is impossible due to unavailable source text, adding interpretive uncertainty"],"plain_english_summary":"These Regulations detail how Western Australia's preventative detention powers for terrorism are to operate, specifying procedural rules for detaining someone before charges to prevent attacks or preserve evidence. They affect police, detainees, lawyers and oversight bodies — and matter because they permit detention without charge, so procedural safeguards are crucial."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-preventative-detention-regulations-2011","history":"/api/acts/terrorism-preventative-detention-regulations-2011/history","analysis":"/api/acts/terrorism-preventative-detention-regulations-2011/analysis","conflicts":"/api/acts/terrorism-preventative-detention-regulations-2011/conflicts","importantCases":"/api/acts/terrorism-preventative-detention-regulations-2011/important-cases","documents":"/api/acts/terrorism-preventative-detention-regulations-2011/documents"}}