{"id":"nsw:sl-2026-0321","name":"Young Offenders Regulation 2026","slug":"young-offenders-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"321 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":500213,"registerId":"nsw-nsw:sl-2026-0321-current","compilationNumber":null,"startDate":"2026-07-02","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 [Young Offenders Regulation 2026](/view/html/inforce/current/sl-2026-0321).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Young Offenders Regulation 2016](/view/html/repealed/current/sl-2016-0560), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section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> In this regulation—\n> \n> authorised officer of the Department of Communities and Justice has the same meaning as in the Act, section 66(4).\n> \n> COPS means the COPS (Computerised Operational Policing System) database maintained by the NSW Police Force.\n> \n> DPP means the Director of Public Prosecutions.\n> \n> Public Service senior executive has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> the Act means the [Young Offenders Act 1997](/view/html/inforce/current/act-1997-054).\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":"Youth justice conferences","content":"# Part 2 Youth justice conferences\n\nPart 2 Youth justice conferences","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notice of referrals—the Act, s 73(2)(b)","content":"#### 4 Notice of referrals—the Act, s 73(2)(b)\n\n4 Notice of referrals—the Act, s 73(2)(b)\n\n> > (1) The DPP or a court must give written notice to a police officer with command of a police area command or police district of a matter—\n> > \n> > > (a) involving an offence alleged to have been committed by a child within the police area command or police district, and\n> > \n> > > (b) that is referred to a conference administrator for a conference under the Act, section 40.\n> \n> > (2) The notice must include the reasons why the referral is being made and state how the reasons relate to the matters set out in the Act, section 40(5).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Notice of referrals to be given to conference administrators—the Act, s 73(2)(b)","content":"#### 5 Notice of referrals to be given to conference administrators—the Act, s 73(2)(b)\n\n5 Notice of referrals to be given to conference administrators—the Act, s 73(2)(b)\n\n> > (1) The referral of a matter to a conference administrator under the Act, section 38(1) or 40 must be accompanied by a notice in accordance with this section.\n> \n> > (2) The notice must be in the form approved by the Secretary.\n> \n> > (3) The Secretary may approve a form only after consultation with the following—\n> > \n> > > (a) for a matter referred by a specialist youth officer—the Commissioner of Police,\n> > \n> > > (b) for a matter referred by the DPP—the DPP,\n> > \n> > > (c) for a matter referred by the Local Court—the Chief Judge of the Local Court,\n> > \n> > > (d) for a matter referred by the Children’s Court—the President of the Children’s Court.\n> \n> > (4) The notice must, if reasonably practicable, include the following—\n> > \n> > > (a) a summary of the criminal history of the child,\n> > \n> > > (b) details of the following in relation to the child—\n> > > \n> > > > (i) warnings given,\n> > > \n> > > > (ii) cautions given,\n> > > \n> > > > (iii) conferences held,\n> > \n> > > (c) for a matter referred by a specialist youth officer—a copy of a record kept on COPS relating to the matter or an equivalent record,\n> > \n> > > (d) for a matter referred by the DPP or a court—\n> > > \n> > > > (i) a copy of the charge sheet, charge cover sheet and facts sheet relating to the matter or an equivalent record, and\n> > > \n> > > > (ii) if the DPP or court has been provided with a record kept on COPS relating to the matter or an equivalent record—a copy of the record,\n> > \n> > > (e) other information the person giving the notice considers relevant.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Times for outcome plans","content":"#### 6 Times for outcome plans\n\n6 Times for outcome plans\n\n> For the Act, section 52(6)(b), the maximum time for the implementation of an outcome plan is—\n> \n> > (a) 6 months, or\n> \n> > (b) another period approved by the Secretary in a particular case.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Maximum period of community service work","content":"#### 7 Maximum period of community service work\n\n7 Maximum period of community service work\n\n> For the Act, section 52(6)(c), the maximum period of community service work that may be imposed by an outcome plan is 35 hours.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Outcome plans for bush fire or arson offences","content":"#### 8 Outcome plans for bush fire or arson offences\n\n8 Outcome plans for bush fire or arson offences\n\n> > (1) This section applies to a child who makes a non-denial statement in relation to an offence covered by the Act consisting of—\n> > \n> > > (a) the lighting of a bushfire, or\n> > \n> > > (b) the destruction or damage of property by means of fire.\n> \n> > (2) For the Act, section 52(5)(e), an outcome plan for a child to whom this section applies may provide for the following—\n> > \n> > > (a) educating the child about the harmful effects of fire by requiring attendance at—\n> > > \n> > > > (i) a program, or\n> > > \n> > > > (ii) the screening of a film or video,\n> > \n> > > (b) making reparation for the offence, including by requiring—\n> > > \n> > > > (i) community service work, including assistance in clean-up operations and treatment of injured animals or other similar work, and\n> > > \n> > > > (ii) paying compensation not more than the amount a court may impose on conviction for the offence.\n> \n> > (3) This section does not—\n> > \n> > > (a) limit the matters for which an outcome plan may provide, or\n> > \n> > > (b) affect the requirements of the Act relating to the agreement of the child and victims of the offence to the outcome plan.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Outcome plans for graffiti offences","content":"#### 9 Outcome plans for graffiti offences\n\n9 Outcome plans for graffiti offences\n\n> > (1) This section applies to a child who makes a non-denial statement in relation to an offence covered by the Act consisting of—\n> > \n> > > (a) an offence against the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100), section 5 or 6, or\n> > \n> > > (b) damage to property with a graffiti implement, or\n> > \n> > > (c) a crime involving graffiti.\n> \n> > (2) For the Act, section 52(5)(e), an outcome plan for a child to whom this section applies may provide for the following—\n> > \n> > > (a) making reparation for the offence, including—\n> > > \n> > > > (i) the performance of graffiti removal work or, if work of this kind is not available, community service work comparable to the performance of the work, and\n> > > \n> > > > (ii) the payment of compensation not more than the amount a court may impose on conviction for the offence,\n> > \n> > > (b) participating in a personal development, educational or other program,\n> > \n> > > (c) fulfilling another obligation by the child—\n> > > \n> > > > (i) suggested by a victim of the offence who personally attended the conference, and\n> > > \n> > > > (ii) consistent with the objects of the Act.\n> \n> > (3) This section does not—\n> > \n> > > (a) limit the matters for which an outcome plan may provide, or\n> > \n> > > (b) affect the requirements of the Act relating to the agreement of the child and victims of the offence to the outcome plan.\n> \n> > (4) In this section—\n> > \n> > graffiti implement has the same meaning as in the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100).","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Records of conferences","content":"#### 10 Records of conferences\n\n10 Records of conferences\n\n> For the Act, section 59(2), a record of a conference must contain the following matters—\n> \n> > (a) the name and address of the child,\n> \n> > (b) the date of birth of the child,\n> \n> > (c) the gender of the child,\n> \n> > (d) the cultural or ethnic background of the child,\n> \n> > (e) the nature of the offence,\n> \n> > (f) the date the referral for a conference was received,\n> \n> > (g) the name of the conference convenor,\n> \n> > (h) the name of the conference administrator,\n> \n> > (i) the date and location of the conference,\n> \n> > (j) the persons who attended the conference and the capacity in which the persons attended,\n> \n> > (k) particulars of the outcome plan of the conference,\n> \n> > (l) the person responsible for the outcome plan,\n> \n> > (m) whether the outcome plan was completed,\n> \n> > (n) other matters the conference administrator considers relevant.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Disclosure of records","content":"# Part 3 Disclosure of records\n\nPart 3 Disclosure of records","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of “authorised officer of the Department of Communities and Justice”","content":"#### 11 Meaning of “authorised officer of the Department of Communities and Justice”\n\n11 Meaning of “authorised officer of the Department of Communities and Justice”\n\n> For the Act, section 66(4), definition of authorised officer of the Department of Communities and Justice, paragraph (e), the persons employed in the Department of Communities and Justice and assigned to the following roles are prescribed—\n> \n> > (a) a Public Service senior executive responsible for youth justice,\n> \n> > (b) a manager, however described, responsible for youth justice,\n> \n> > (c) a role performing duties in connection with the Youth on Track scheme,\n> \n> > (d) a person—\n> > \n> > > (i) responsible for youth justice conferencing policy and procedures, and\n> > \n> > > (ii) authorised by the Secretary.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Disclosure of records to authorised officers—the Act, s 66(3)","content":"#### 12 Disclosure of records to authorised officers—the Act, s 66(3)\n\n12 Disclosure of records to authorised officers—the Act, s 66(3)\n\n> > (1) For the Act, section 66(2)(e), a record of, or relating to, a caution or conference under the Act may be divulged to an authorised officer of the Department of Communities and Justice (an authorised officer) only if—\n> > \n> > > (a) the record does not name or identify the child, or\n> > \n> > > (b) the authorised officer makes a request for the record in accordance with subsection (2).\n> \n> > (2) A request for a record under this section must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) be addressed to the Manager, Criminal Records Section, NSW Police Force, and\n> > \n> > > (c) state the following details about the person to whom the record relates—\n> > > \n> > > > (i) the person’s full name,\n> > > \n> > > > (ii) the person’s date of birth,\n> > > \n> > > > (iii) the person’s place of birth, and\n> > \n> > > (d) include the following—\n> > > \n> > > > (i) the reason for the request,\n> > > \n> > > > (ii) a description of how the information in the record will be used,\n> > > \n> > > > (iii) the full name and work location of the authorised officer making the request,\n> > > \n> > > > (iv) a declaration by the authorised officer that—\n> > > > \n> > > > > (A) the request relates to a child subject to supervision by an order made under the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), section 33, and\n> > > > \n> > > > > (B) the information in the record will be used only as set out in the request, and\n> > \n> > > (e) if there is a court order relating to the request—identify the court order.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Disclosure of records to Bureau of Crime Statistics and Research—the Act, s 66(3)","content":"#### 13 Disclosure of records to Bureau of Crime Statistics and Research—the Act, s 66(3)\n\n13 Disclosure of records to Bureau of Crime Statistics and Research—the Act, s 66(3)\n\n> > (1) For the Act, section 66(2)(f), a record of, or relating to, a warning, caution or conference under the Act may be divulged to a person in BOCSAR if the information in the record will only be used for—\n> > \n> > > (a) research by BOCSAR, or\n> > \n> > > (b) the production of statistics by BOCSAR, or\n> > \n> > > (c) the publication by BOCSAR of the research or statistics if the publication does not name or identify the child to whom the record relates.\n> \n> > (2) In this section—\n> > \n> > BOCSAR means the group of persons referred to as the Bureau of Crime Statistics and Research employed in the Department of Communities and Justice.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Disclosure of records to the Australian Bureau of Statistics and the Australian Institute of Criminology—the Act, s 66(3)","content":"#### 14 Disclosure of records to the Australian Bureau of Statistics and the Australian Institute of Criminology—the Act, s 66(3)\n\n14 Disclosure of records to the Australian Bureau of Statistics and the Australian Institute of Criminology—the Act, s 66(3)\n\n> > (1) For the Act, section 66(2)(f1), a record of, or relating to, a warning, caution or conference under the Act may be divulged to a person employed in a relevant agency if the information in the record will only be used for—\n> > \n> > > (a) research by the relevant agency, or\n> > \n> > > (b) the production of statistics by the relevant agency.\n> \n> > (2) In this section—\n> > \n> > relevant agency means—\n> > \n> > > (a) the Australian Bureau of Statistics established by the [Australian Bureau of Statistics Act 1975](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) the Australian Institute of Criminology established by the [Criminology Research Act 1971](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Penalty notice offences subject to young offenders scheme","content":"#### 15 Penalty notice offences subject to young offenders scheme\n\n15 Penalty notice offences subject to young offenders scheme\n\n> For the Act, section 9(2A), an offence under the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), section 199 is prescribed as an offence for which an investigating official must consider the matters referred to in the Act, section 9(2)(a) and (b) before issuing a penalty notice.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Records of warnings and cautions","content":"#### 16 Records of warnings and cautions\n\n16 Records of warnings and cautions\n\n> > (1) For the Act, section 17(2), a record of a warning given to a child under the Act, Part 3 must contain the following matters—\n> > \n> > > (a) the time the offence occurred,\n> > \n> > > (b) the location of the offence,\n> > \n> > > (c) the nature of the offence,\n> > \n> > > (d) the name of the child,\n> > \n> > > (e) the gender of the child.\n> \n> > (2) For the Act, section 33(2), a record of a caution given to a child under the Act, Part 4 must contain the following matters—\n> > \n> > > (a) the name and address of the child,\n> > \n> > > (b) the date of birth of the child,\n> > \n> > > (c) the gender of the child,\n> > \n> > > (d) the cultural or ethnic background of the child,\n> > \n> > > (e) the name and rank of the person who gave the caution,\n> > \n> > > (f) the nature of the offence the caution relates to,\n> > \n> > > (g) the place, date and time of the caution,\n> > \n> > > (h) the persons present when the caution was given.\n> \n> > (3) A record referred to in subsection (1) or (2) must be kept on COPS.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Form and content of written victim statements","content":"#### 17 Form and content of written victim statements\n\n17 Form and content of written victim statements\n\n> For the Act, section 24A(2), a written statement from a victim must—\n> \n> > (a) be legible, and\n> \n> > (b) be no longer than 2 A4 pages, and\n> \n> > (c) identify the victim or victims the statement relates to, and\n> \n> > (d) state the full name of the person who prepared the statement and be signed and dated by the person, and\n> \n> > (e) include only—\n> > \n> > > (i) the victim’s description of the incident to which the caution relates, and\n> > \n> > > (ii) the impact of the incident on the victim, and\n> \n> > (f) not include or attach—\n> > \n> > > (i) a medical, psychological or other similar report, or\n> > \n> > > (ii) content that is one or more of the following—\n> > > \n> > > > (A) offensive,\n> > > \n> > > > (B) threatening,\n> > > \n> > > > (C) intimidating,\n> > > \n> > > > (D) harassing, or\n> > \n> > > (iii) a request for compensation or reparation.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Delegation of Secretary’s functions","content":"#### 18 Delegation of Secretary’s functions\n\n18 Delegation of Secretary’s functions\n\n> For the Act, section 62A(b), Public Service senior executives employed in the Department of Communities and Justice are prescribed.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Repeal and savings","content":"#### 19 Repeal and savings\n\n19 Repeal and savings\n\n> > (1) The [Young Offenders Regulation 2016](/view/html/repealed/current/sl-2016-0560) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Young Offenders Regulation 2016](/view/html/repealed/current/sl-2016-0560), had effect under that regulation continues to have effect under this regulation.","sortOrder":22}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The provided extract contains only administrative metadata and does not include any operative or policy provisions. There is no evidence in this text that the regulation’s substantive scope has expanded or changed beyond its original purpose. A meaningful assessment of scope change requires the full operative text of the regulation to compare against prior instruments or the original intent."},"complexity_factors":["No substantive regulatory provisions included in the provided extract","Only administrative metadata present (commencement date, repeal date, certification, file modified date)","Two external cross-references (Subordinate Legislation Act 1989; Interpretation Act 1987 s.45C)","Repetition and boilerplate site navigation increases length but not legal complexity","Absence of defined terms, schedules, parts or conditional clauses in the excerpt"],"plain_english_summary":"**What this document is**\n\n- This extract is an administrative version header for the \"Young Offenders Regulation 2026\" as published on the NSW legislation website. It records metadata about the regulation (dates, certification and repeal timetable) but does not include the regulation’s operative rules or obligations.\n\n**What the extract actually contains (mechanically)**\n\n- A statement that the version is current from 1 July 2026.\n- A note that the regulation is due to be automatically repealed on 1 September 2031 under the Subordinate Legislation Act 1989 (an automatic expiry mechanism for subordinate instruments).\n- A certification that this compiled version is correct under section 45C of the Interpretation Act 1987 (this is an administrative assurance about the text’s correctness).\n- File last modified date (1 July 2026) and repeated site navigation/header material.\n- Cross-references to the Subordinate Legislation Act 1989 and the Interpretation Act 1987.\n\n**What it does not contain**\n\n- The extract does not include any substantive regulatory provisions: no definitions, no offences or penalties, no procedural rules, no obligations on young people, police, courts, parents, schools or service providers. Because the operative text is missing, the extract gives no basis to say who is regulated, what behaviour is required or prohibited, what sanctions apply, or how agencies must act.\n\n**Why this matters (practical implications of what is present and absent)**\n\n- The metadata shows the instrument is in force from 1 July 2026 and that it is time-limited (automatic repeal on 1 Sept 2031). That tells users they should check the full instrument to know current legal duties and should monitor the repeal date.\n- The certification under the Interpretation Act (s.45C) means this published copy is the official compiled text for legal-reference purposes, but it does not substitute for reading the operative provisions.\n\n**Analytical lens: incentives, costs and decision‑makers (what we can say from this extract)**\n\n- Who pays: Not determinable from this extract — the substantive allocation of costs (to individuals, families, agencies or providers) would be set out in the missing operative clauses.\n- Who decides: The extract identifies only that a regulation exists and is certified; it does not show which Minister, department or agency exercises powers under the regulation, nor what discretion they have.\n- Behaviour changes expected: Not determinable from the extract. Any compliance burdens, sanctions or duties that would change behaviour are contained in the missing substantive provisions.\n\n**What to do next**\n\n- To assess effects on young people, justice agencies, service providers or private parties, you need the full text of the Young Offenders Regulation 2026 (the operative Parts and schedules). Once provided, I can summarise the rules, identify who bears costs, the compliance burden, cross‑references, exceptions, and likely implementation risks."}},"importantCases":[],"_links":{"self":"/api/acts/young-offenders-regulation-2026","history":"/api/acts/young-offenders-regulation-2026/history","analysis":"/api/acts/young-offenders-regulation-2026/analysis","conflicts":"/api/acts/young-offenders-regulation-2026/conflicts","importantCases":"/api/acts/young-offenders-regulation-2026/important-cases","documents":"/api/acts/young-offenders-regulation-2026/documents"}}