{"id":"tas:sr-2019-058","name":"Youth Justice Regulations 2019","slug":"youth-justice-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"58 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184661,"registerId":"tas-tas:sr-2019-058-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Youth Justice Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-058) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 30 September 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Youth Justice Act 1997](/view/html/inforce/2026-04-12/act-1997-081) .","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Prescribed details for purposes of section 25K of Act","content":"### 3A Prescribed details for purposes of section 25K of Act\n\n> [*\\[Regulation 3A Inserted by S.R. 2022, No. 104, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/sr-2022-104#GS4@EN)\n> \n> > (1)  In this regulation –\n> > \n> > > ***person of the required gender***, in relation to a youth, has the same meaning as in [section 25D](/view/html/inforce/2026-04-12/act-1997-081#GS25D@EN) of the Act.\n> \n> > (2)  A word or phrase used in this regulation that is also used in [Division 3 of Part 3](/view/html/inforce/2026-04-12/act-1997-081#HP3@HD3@EN) of the Act has the same meaning in this regulation as the word or phrase has in that Division.\n> \n> > (3)  For the purposes of [section 25K](/view/html/inforce/2026-04-12/act-1997-081#GS25K@EN) of the Act, the following information in relation to a search is prescribed:\n> > \n> > > > (a) the name of the youth to whom the search relates;\n> > > \n> > > > (b) whether the youth identifies as an Aboriginal or Torres Strait Islander;\n> > > \n> > > > (c) the gender of the youth;\n> > > \n> > > > (d) the date of birth of the youth;\n> > > \n> > > > (e) each relevant search purpose for which the search was conducted;\n> > > \n> > > > (f) the date on which, and the time at which, the search was conducted;\n> > > \n> > > > (g) information sufficient to identify the room, or part of an area that is not a room, in which the search was carried out;\n> > > \n> > > > (h) the items, if any, seized during the search;\n> > > \n> > > > (i) the name of, and the position held by, the search officer who conducted the search;\n> > > \n> > > > (j) the name of, and the position held by, each other person who was present during the conduct of the search;\n> > > \n> > > > (k) whether the search officer conducting the search, and each other person who was present during the conduct of the search, was a person of the required gender in relation to the youth;\n> > > \n> > > > (l) if a person conducting the search, or another person who was present during the conduct of the search, was not a person of the required gender in relation to the youth, the name of, and the position held by, the person, if any, who gave approval for that person to conduct the search or to be present during the conduct of the search;\n> > > \n> > > > (m) if the search is an unclothed search –\n> > > > \n> > > > > > (i) the name of, and the position held by, the person who authorised, under [section 25E(6)](/view/html/inforce/2026-04-12/act-1997-081#GS25E@Gs6@EN) of the Act, the search to be conducted; and\n> > > > > \n> > > > > > (ii) the conditions, if any, specified in the authorisation;\n> > > \n> > > > (n) whether the youth was given the information and opportunity required to be given to the youth under [section 25H](/view/html/inforce/2026-04-12/act-1997-081#GS25H@EN) of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed persons for sections 55, 56, 68 and 94 of Act","content":"### 4 Prescribed persons for sections 55, 56, 68 and 94 of Act\n\n> For the purposes of sections [55](/view/html/inforce/2026-04-12/act-1997-081#GS55@EN) , [56](/view/html/inforce/2026-04-12/act-1997-081#GS56@EN) , [68](/view/html/inforce/2026-04-12/act-1997-081#GS68@EN) and [94](/view/html/inforce/2026-04-12/act-1997-081#GS94@EN) of the Act, the following persons are prescribed persons:\n> \n> > > (a) the Secretary;\n> > \n> > > (b) a police officer.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed person for section 99A of Act","content":"### 5 Prescribed person for section 99A of Act\n\n> For the purposes of [section 99A](/view/html/inforce/2026-04-12/act-1997-081#GS99A@EN) of the Act, the Secretary is a prescribed person.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed matters for section 135A of Act","content":"### 6 Prescribed matters for section 135A of Act\n\n> > (1)  For the purposes of [section 135A(1)](/view/html/inforce/2026-04-12/act-1997-081#GS135A@EN) of the Act, the following persons are prescribed officers:\n> > \n> > > > (a) the Commissioner for Children and Young People;\n> > > \n> > > > (b) the Custodial Inspector.\n> \n> > (2)  For the purposes of [sections 135A(2)(a)](/view/html/inforce/2026-04-12/act-1997-081#GS135A@Gs2@Hpa@EN) and [(b)](/view/html/inforce/2026-04-12/act-1997-081#GS135A@Gs2@Hpb@EN) of the Act, the following Acts are prescribed Acts:\n> > \n> > > > (a) [Commissioner for Children and Young People Act 2016](/view/html/inforce/2026-04-12/act-2016-002) ;\n> > > \n> > > > (b) [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 26 September 2019\n\nThese regulations are administered in the Department of Communities Tasmania.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from their original intent. The document contains only administrative metadata and no substantive provisions. A proper scope assessment would require access to the full text of the regulations and any amending instruments."},"complexity_factors":["Insufficient legislative content provided — only metadata and header information is present, making substantive analysis impossible","Regulations (as a legal instrument type) typically layer on top of a parent Act, requiring readers to cross-reference two documents to understand the full legal picture","Youth justice law involves multiple intersecting frameworks — child protection, criminal procedure, and human rights considerations","The regulation has been amended at least once (amendment table referenced), meaning the current version may differ from the original instrument"],"plain_english_summary":"These regulations provide the practical, day‑to‑day rules that support Tasmania’s youth justice law — detailing how the youth justice system operates in practice and affecting young people under 18, their families, youth justice workers, police, agencies and courts.\n\nNote: the supplied document is only header and metadata; the substantive regulatory provisions themselves are not included, so detailed analysis isn’t possible from this extract."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for the Youth Justice Act 1997. The 2022 amendment adding regulation 3A (search recording requirements) expanded the content but not the scope — it simply filled a gap in prescribed details for section 25K, which already existed in the parent Act. The instrument has not grown beyond its intended role as a machinery regulation."},"complexity_factors":["Only 6 substantive regulations, with the longest (regulation 3A) containing a structured list of 14 data points","Minimal defined terms: only 'Act' and 'person of the required gender' are defined within the regulations themselves","Heavy reliance on external references to the Youth Justice Act 1997 (Tas) — most provisions simply prescribe details for specific sections of the parent Act without restating the underlying law","Simple conditional logic limited to regulation 3A(3)(l) and (m) (approval requirements for cross-gender presence and unclothed search authorisations)","No nested exceptions or complex cross-references between regulations — each regulation operates independently","Straightforward prescriptive structure: 'the following are prescribed' followed by lists"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out detailed operational rules for Tasmania's youth justice system. They specify:\n\n*   **What information must be recorded when searching a young person in custody** — including their name, Indigenous status, gender, what was seized, who conducted the search, and whether proper procedures were followed (such as having staff of the same gender present, or getting special approval if not).\n\n*   **Who has special powers under the Youth Justice Act** — naming specific officials like the Secretary of the Department, police officers, the Commissioner for Children and Young People, and the Custodial Inspector.\n\n*   **Which other laws apply** — linking the youth justice system to the Commissioner for Children and Young People Act and the Custodial Inspector Act.\n\n**Who it affects:**\n\n*   Young people in youth detention or under youth justice supervision in Tasmania\n*   Youth justice staff (search officers, supervisors)\n*   Oversight bodies monitoring conditions in detention\n\n**Why it matters:**\n\nThese rules create accountability. By mandating detailed records of searches — especially sensitive \"unclothed searches\" — the regulations help ensure young people are treated with dignity, that proper authorisation is obtained, and that independent inspectors can monitor whether the system is operating lawfully and safely."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not change the substantive scope or thresholds of the Youth Justice Act; they operationalise the Act by prescribing what information must be recorded for searches (reg 3A), specifying which persons count as prescribed persons for particular sections (regs 4–5), and naming prescribed officers and Acts for oversight (reg 6). They add administrative and evidentiary requirements without expanding legal powers."},"complexity_factors":["Extensive cross-references to specific sections of the Youth Justice Act 1997 (notably s 25K and Division 3 of Part 3) requiring users to read both instruments.","Detailed, enumerated data points to be recorded for each search (reg 3A), creating precision in record-keeping requirements.","Designations of prescribed persons and officers (Secretary, police, Commissioner for Children and Young People, Custodial Inspector) that trigger different procedural rights and powers (regs 4–6).","Dependence on other statutes (Commissioner for Children and Young People Act 2016; Custodial Inspector Act 2016) for oversight functions (reg 6(2)).","Limited number of short technical provisions — low substantive legal change but nontrivial operational compliance implications for agencies and staff."],"plain_english_summary":"These regulations set out administrative rules under the Youth Justice Act 1997: they specify the exact information that must be recorded when a youth is searched (reg 3A), identify which officials count as \"prescribed persons\" for certain Act powers (regs 4–5), and list prescribed oversight officers and related Acts (reg 6). They affect detained youths, staff who conduct searches, and government agencies: authorised officers make decisions, agencies bear the compliance and record‑keeping costs, and the rules increase evidentiary and administrative obligations (regs 3A,4–6)."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-regulations-2019","history":"/api/acts/youth-justice-regulations-2019/history","analysis":"/api/acts/youth-justice-regulations-2019/analysis","conflicts":"/api/acts/youth-justice-regulations-2019/conflicts","importantCases":"/api/acts/youth-justice-regulations-2019/important-cases","documents":"/api/acts/youth-justice-regulations-2019/documents"}}