Offender. The regulation defines “offender” as a person in respect of whom a children’s community service order is in force. This is consistent with the Act and emphasises that the young person remains an offender throughout the duration of the order, even while performing the work. The status carries obligations and entitlements under the regulation.

Work site. A “work site” is any place where an offender performs or is required to perform community service work. This definition is deliberately broad to allow flexibility, but it also means that the location of work is entirely at the direction of the assigned officer or the Secretary, subject only to the prescribed‑authority limitation.

Assigned officer. The regulation uses the term “assigned officer” as used in the Act. The Secretary may appoint a suitably qualified and suitable character person as an assigned officer for the administration of a community service order (clause 12). The assigned officer has significant discretionary powers: determining travel time, deciding whether hours count if the offender is intoxicated or offensive, specifying standards of dress and conduct, and directing where and when work is performed. The assigned officer is paid unless they are a Public Service employee.

Supervisor. A person appointed by the Secretary to supervise offenders performing community service work. The supervisor must be suitably qualified and of suitable character. The supervisor’s duty is to report to the assigned officer on any matter relating to an offender under supervision when asked (clause 14). Supervisors do not have the same discretionary powers as assigned officers; they are agents who implement directions.

Secretary. The term “Secretary” is not defined in the regulation but takes its meaning from the Act - senior officer of the Department administering the Act (now part of the Department of Communities and Justice). The Secretary has powers under the regulation to provide transport, reimburse expenses, appoint officers and supervisors, determine forms for extension applications, and issue directions for calculating travel time. The Secretary also must be satisfied with arrangements before work can be performed for a prescribed authority (clause 10(2)).

Prescribed authority. For the purpose of the Act’s exception to the prohibition on displacing regular employees, the regulation prescribes two categories: any Public Service agency specified in Schedule 1 to the Government Sector Employment Act 2013, and any council or county council under the Local Government Act 1993. This is the only category of employer to whom community service workers can be directed in a way that might otherwise replace a paid employee.

Children’s community service order. The regulation does not define this - it is a creature of the Act. The regulation assumes its existence and works within its framework. The order sets the total hours and duration, and the regulation fills in the day‑to‑day conditions.

These concepts are interrelated: the assigned officer gives directions, the supervisor oversees, and the offender performs work at a work site for a prescribed authority. The Secretary stands above as a rule‑maker and funder. The regulation does not create a contractual relationship; the offender is compelled by court order.

The primary group affected is young offenders aged between 12 and 18 (or up to 21 on extension) who are subject to a children’s community service order made under the Act. These young people must report to work sites, comply with dress and conduct standards, accept travel‑time determinations, and risk having their hours disallowed if they arrive intoxicated or behave offensively. The regulation also affects the family and community support networks of these offenders, who may bear the cost of travel when the Secretary declines to provide transport or reimbursement.

Assigned officers are directly affected: the regulation establishes their appointment process and remuneration, but also imposes duties on them. They must decide whether to count hours, what breaks are appropriate, and whether the offender is capable of doing a directed task. Their decisions can be challenged only through the Act’s mechanisms (likely breach proceedings or variation applications), not under the regulation itself.

Supervisors are affected in a more limited way. Their role is to monitor and report. They are not required to make discretionary judgments about hours or incapability unless the assigned officer delegates that function (which is not provided for in the regulation). Supervisors may be volunteers, employees of the prescribed authority, or Department staff. The regulation does not impose a duty of care on them, but common law would.

Prescribed State authorities - every public service agency and every local council in New South Wales - are affected because they may be directed to accept community service workers. The regulation requires that arrangements satisfactory to the Secretary be made regarding availability, location, and type of work before any direction can be given. This gives the Secretary a gatekeeper role but also creates a compliance burden for the agency: they must have a process to accept, supervise, and integrate these workers without inadvertently breaching workplace laws. The agency also bears the practical cost of hosting unpaid workers, including supervision time, equipment, and insurance. The regulation does not specify who bears workers’ compensation costs; that is left to other legislation.

Taxpayers are indirectly affected. The regulation permits the Secretary to provide transport and reimburse expenses. This is a direct call on public funds. The Secretary can also pay remuneration to appointed officers and supervisors who are not Public Service employees. The regulation does not impose any fees on the offender or the agency, so the cost falls on consolidated revenue.

The Children’s Court is marginally affected: the regulation prescribes that applications for revocation must be in a form determined by the President of the Children’s Court. This imposes a procedural requirement on the court but does not alter its substantive powers.

Private employers are not affected, because community service work can only be performed for prescribed State authorities under the exception. For non‑prescribed entities, the Act’s prohibition on displacing regular employees remains absolute.

Offender’s duties. An offender must comply with any standards of dress, cleanliness, or conduct specified by the assigned officer from time to time (clause 7(1)(a)). This is a broad power; the assigned officer can change standards without notice. The offender must also keep clothing and equipment issued in good order and condition (clause 7(1)(b)). Additionally, the offender must not damage or deface property on the work site unless it occurs in the ordinary course of performing directed work (clause 7(2)). The offender must advise the assigned officer or supervisor as soon as practicable if directed to do something the offender is incapable of doing (clause 8(1)(a)). The offender may be required to produce a medical certificate to prove incapability (clause 8(2)).

Offender’s rights. The right not to be required to perform more than eight hours of community service work in a day, unless the offender agrees otherwise (clause 4). The right to tea breaks as the assigned officer thinks fit, but at no greater rate than five minutes per hour of actual work (clause 5(1)-(2)). The right to a one‑hour meal break after four hours of continuous work (clause 5(3)). The right to have certain periods counted as time spent performing community service work: time at the work site while working, during meal and tea breaks, and while following a direction; reasonable travel time between residence and work site as determined by the assigned officer; and time between early release and the scheduled end of work (clause 6(1)). This last provision means that if an assigned officer releases an offender early, the entire period up to the normal finish time counts - a modest concession. The right not to have hours disallowed for being under the influence of drugs or alcohol or behaving offensively unless the assigned officer makes a specific determination to that effect (clause 6(2)). The right to be excused from performing an act the offender is incapable of, if the assigned officer or supervisor is satisfied (clause 8(1)). The right to transport or reimbursement from the Secretary, but only if the Secretary decides to provide it - there is no entitlement, only a discretionary power (clause 9). The right to serve documents by post, and if the order was made by an authorised justice, the right to personal service of the order (clause 11).

Assigned officer’s powers and duties. The assigned officer determines hours that count, including travel time, early release time, and whether to disallow hours for intoxication or offensive behaviour. The assigned officer specifies standards of dress and conduct. The assigned officer can require a medical certificate. The assigned officer reports to the Secretary or court? Only the supervisor is required to report to the assigned officer; the assigned officer’s reporting duties are not in the regulation.

Secretary’s powers. Appoint assigned officers and supervisors (clauses 12, 13), provide transport or reimbursement (clause 9), give directions on computation of travel time (clause 6(3)), approve arrangements with prescribed authorities (clause 10(2)), and determine the form for extension applications (clause 15).

Prescribed authority’s duties. None explicitly stated, but they must enter into arrangements satisfactory to the Secretary regarding work availability, location, and type before community service workers can be directed to them (clause 10(2)). The authority is not required to accept any particular offender.

Supervisor’s duty. To report to the assigned officer when required to do so (clause 14). No further duties are specified; the supervisor must follow directions from the assigned officer.

The Children (Community Service Orders) Regulation 2020 does not itself contain any penalty provisions. There are no fines, imprisonment terms, or infringement notices created by the regulation. Enforcement for breach of a community service order is governed entirely by the Children (Community Service Orders) Act 1987, which provides for proceedings in the Children’s Court and possible revocation of the order, re‑sentencing, or other sanctions. The regulation’s role is to set the conditions; violation of those conditions may constitute a breach of the order under the Act, but the regulation does not add any separate criminal liability.

However, the regulation does create a quasi‑penalty within its own framework: clause 6(2) gives the assigned officer the power to determine that hours performed by an offender on a given day are not to count if the offender, while at the work site, is under the influence of drugs or alcohol or behaves in an offensive manner. This is a civil consequence - the offender loses credit for that day’s work, meaning they must make up those hours. This can delay completion of the order and potentially lead to breach proceedings if the total hours are not performed within the order’s timeframe. There is no appeal or review mechanism under the regulation for such a determination; the offender’s only recourse would be to apply to the Children’s Court for variation or revocation.

The Secretary’s discretions under clause 9 (transport and reimbursement) and clause 10 (satisfaction with arrangements) are not subject to any merits review within the regulation. An offender who is denied transport or reimbursement has no right to challenge that decision under this instrument.

The regulation imposes a duty on the supervisor to report to the assigned officer when required, but there is no penalty for the supervisor’s failure to report. The regulation does not deal with the consequences of non‑compliance by the assigned officer or the Secretary. If an assigned officer directs an offender to work more than eight hours without consent, that direction may be ultra vires and the offender could refuse, but there is no prescribed penalty for the officer.

Additionally, the regulation provides no enforcement mechanism for the offender’s right to a meal break or tea breaks. If an offender is denied a meal break, the remedy would likely lie in a breach of the order by the administrator, but the regulation does not specify.

In summary, enforcement is entirely dependent on the Act. The regulation merely sets the parameters; the stick is elsewhere.

This regulation is subordinate to the Children (Community Service Orders) Act 1987. It derives its authority from that Act and must be read consistently with it. The Act contains section 18(1) which generally prohibits directing a community service worker to perform work that would take the place of a regular employee. This regulation, at clause 10, prescribes the authorities to which that prohibition does not apply, and only in circumstances where the Secretary is satisfied with arrangements. Any direction given under the regulation must also comply with the Act’s other provisions, including those regarding maximum total hours (not in this regulation) and the power to vary or revoke orders.

The regulation explicitly incorporates definitions from the Interpretation Act 1987 and notes that the Act contains additional definitions. It also references the Government Sector Employment Act 2013 for the definition of “Public Service agency” and the Local Government Act 1993 for councils. This means that any amendment to those Acts’ schedules or definitions will automatically affect the scope of prescribed authorities under clause 10(1)(a) and (b).

The regulation does not interact with industrial relations legislation because community service work is not employment. The Fair Work Act 2009 (Cth) and the Industrial Relations Act 1996 (NSW) do not apply. There is no superannuation, leave, or minimum wage obligation. The regulation also does not address workers’ compensation, but the Workplace Injury Management and Workers Compensation Act 1998 (NSW) might apply depending on whether the offender is deemed a “worker”. That interaction is not specified in this regulation.

Child protection laws, such as the Children and Young Persons (Care and Protection) Act 1998, may be relevant if an offender is also a child in need of care. However, the regulation does not address this. The Work Health and Safety Act 2011 (NSW) would apply to the work site; the regulation’s silence on safety does not exempt the prescribed authority or the Department from their duties.

The regulation replaces the Children (Community Service Orders) Regulation 2015. Clause 17 provides that any act, matter, or thing done under the old regulation continues to have effect under the new one. This savings provision ensures continuity; for example, an appointment of an assigned officer under the 2015 regulation remains valid.

The regulation also interacts with the Act’s provisions on extension and revocation (sections 20A and 21). These sections require applications; the regulation prescribes that the application must be in writing and in a form determined by the Secretary (for extension) or by the President of the Children’s Court (for revocation). This does not create any new substantive rights.

Finally, the regulation’s provisions on service of documents (clause 11) interact with the Act’s service provisions. It adds a default postal service rule and a specific rule for orders made by an authorised justice.

The Children (Community Service Orders) Regulation 2020 was made on 27 August 2020 and commenced on the day it was published on the NSW legislation website, which was shortly before 1 September 2020. It replaced the 2015 regulation, which would have been automatically repealed on 1 September 2020 by the Subordinate Legislation Act 1989. The regulation has since been amended several times.

Clause 16A is notable: it was inserted by an earlier amending regulation (2020 No 562, Sch 1.2), then repealed by the COVID‑19 legislation which presumably amended many instruments (2021 No 4, Sch 1.4). It was then re‑inserted by 2021 No 537, Sch 1.2, and finally repealed again by 2023 No 7, Sch 2.6. The content of clause 16A is not stored in the current version; it has been removed. This shows that the regulation has been a vehicle for temporary or experimental provisions that were later thought unnecessary. Practitioners should check historical versions to understand what clause 16A contained - it may have related to COVID‑19 related suspensions or variations of community service work. The repeals suggest the provisions were intended to be transitional.

The regulation is subject to ongoing automatic repeal ten years after commencement, by the Subordinate Legislation Act 1989, unless re‑made earlier. It is likely to be remade in 2030.

There have been no other amendments to the regulation aside from the clause 16A saga. The rest of the text appears unchanged since commencement.

The savings provision in clause 17 ensures that any appointment, determination, or direction made under the 2015 regulation continues under the 2020 regulation. This prevents a regulatory gap.

The source text of the Children (Community Service Orders) Regulation 2020 contains no references to any court cases. The regulation itself is not the subject of reported litigation, nor does it list any decided matters. This is unsurprising, as subordinate regulations are rarely litigated directly; challenges typically concern the parent Act or the application of the order by the Children’s Court.

That said, the regulation may have been considered indirectly in Children’s Court proceedings dealing with breach of community service orders, where conditions such as hours worked or travel time are in dispute. For example, an offender could argue that hours were incorrectly not counted, relying on clause 6. Or an offender might argue that a direction to work more than eight hours was invalid because consent was not properly given. Without published decisions, the settled interpretation of these clauses remains untested.

The absence of litigation history does not mean the regulation is free from ambiguity. Reasonable minds could differ on what constitutes a “determination” by the assigned officer under clause 6(2) - must it be in writing? Must reasons be given? The regulation is silent. Similarly, the scope of “standards of dress, cleanliness or conduct” under clause 7 is broad and potentially open to challenge as unreasonable.

Because the regulation is not often the subject of judicial consideration, practitioners should interpret its provisions strictly and consider the Act’s purpose and any policy guidelines from the Department. If litigation arises, it would likely be in the context of an appeal from a Children’s Court decision on a breach or revocation application.

The regulation’s interaction with the Act’s section 18(1) and (1A) could be a future litigation point: what constitutes a “regular employee” and whether a direction to a prescribed authority actually displaces one. The regulation does not define that phrase.

In summary, no known litigation is recorded in the source, but the potential for future challenge exists around the assigned officer’s discretions.

Agreement to exceed eight hours. Clause 4(2) allows the offender to agree to perform more than eight hours of community service work in a day. This appears to be an opt‑in, but the regulation does not define what constitutes valid agreement. Silence, failure to object, or a nod could be construed as agreement. An assigned officer might pressure an offender to agree, and there is no cooling‑off period. Young offenders, especially those with intellectual disabilities or language barriers, may not understand the right to refuse. The absence of a written‑agreement requirement is a trap.

Travel time is at the assigned officer’s discretion. Clause 6(1)(b) says that reasonable travel time between residence and work site is counted, but it is “as determined by the offender’s assigned officer”. This gives the officer the power to set a low estimate, meaning the offender’s actual travel time may exceed what is counted. The offender has no input. The regulation does not require the assigned officer to consider the offender’s transport mode or road conditions. The Secretary can issue directions, but these are not public.

Early release time counting. Clause 6(1)(c) counts time between early release and the time the offender would otherwise have been released. This sounds generous, but it only applies if the early release is from community service work on that day. If the assigned officer sends the offender home early due to a lack of work or inclement weather, those hours still count. But if the assigned officer relieves the offender because of misconduct, the early release time may not be counted. The regulation does not define “early release” or distinguish between voluntary and involuntary early release.

Influence and offensive behaviour. Clause 6(2) allows the assigned officer to disallow hours for the entire day if the offender is under the influence or behaves offensively. This is a harsh outcome: the offender loses credit for the entire day, even if the offensive behaviour occurred in the last five minutes. There is no requirement for proportionality. The assigned officer is not required to give the offender an opportunity to explain. The regulation does not define “offensive manner”, leaving it subjective.

Medical certificate burden. Clause 8(2) allows the assigned officer or supervisor to require a medical certificate to prove incapability. The cost of obtaining a certificate falls on the offender or their family. If the offender cannot afford or obtain a certificate, they may be forced to perform a task they cannot do. The regulation does not require the Department to pay for the certificate.

Forms not specified. Clause 15 says applications for extension must be in writing “in the form determined by the Secretary from time to time (if any)”. Clause 16 says applications for revocation must be in writing in a form determined by the President of the Children’s Court. If no form has been determined, what should the applicant use? The regulation does not provide a fallback. This creates uncertainty.

Secretary’s discretion is unfettered. The Secretary may provide transport or reimbursement “if the Secretary thinks fit” (clause 9). No criteria are given. An offender in a remote area with no public transport may be refused, forcing them to arrange expensive private transport or face breach for non‑attendance.

No appeal mechanism for hours determination. The assigned officer’s decision on whether hours count (including disallowance for influence) is final under the regulation. The only recourse is to apply to the Children’s Court for a variation or revocation of the order, which is a heavy process.

Prescribed authority exception - displacement risk. Clause 10 permits community service work for any public service agency or council as long as the Secretary is satisfied with arrangements. The note warns about displacement of regular employees, but the threshold for “satisfactory arrangements” is not defined. There is a risk that councils use offenders to cut maintenance costs without proper oversight, undermining local employment.

For an offender subject to a children’s community service order under the Act, compliance with this regulation requires attention to several practical matters.

First, know your assigned officer and supervisor. The assigned officer decides where you go, when you start and finish, what you wear, and how your hours are counted. If you are unsure, ask. You must comply with any dress, cleanliness, and conduct standards the assigned officer specifies. If you are given clothing or equipment, keep it clean and undamaged.

Second, you must be at the work site on time and follow directions. You are not required to work more than eight hours in a day unless you agree. If you agree, say so clearly; if not, refuse politely. You are entitled to a one‑hour meal break after four hours of continuous work. You are entitled to tea breaks, but no more than five minutes per hour of actual work. If your assigned officer does not allow these breaks, record the details and raise it with the assigned officer or the Secretary.

Third, keep records of your hours. While the assigned officer determines hours that count, you should note your start and end times, travel time, and any periods where you are not working due to reasons other than your own misconduct. This helps if the count is disputed.

Fourth, if you are directed to do something you cannot do physically or mentally, tell your assigned officer or supervisor immediately. You should be prepared to provide a medical certificate if required. Do not attempt the task if you risk injury; the regulation protects you only if you raise the incapability.

Fifth, do not attend the work site under the influence of alcohol or drugs. Offensive language or behaviour can cause your hours for that day not to count - a penalty that can delay completion of your order. Even if you are not charged with an offence, your day’s work may be wasted.

Sixth, if you have transport difficulties, ask the Secretary or your assigned officer about transport or reimbursement. There is no guarantee, but you lose nothing by asking. If you are unable to get to the work site, you must inform the assigned officer in advance; otherwise, your absence may be recorded as a breach.

For the assigned officer: you must ensure that directions do not exceed eight hours without consent. You must determine what standards of dress and conduct are reasonable and communicate them clearly. You should make a record of any decision to disallow hours under clause 6(2) and inform the offender. You must also determine travel time fairly, considering actual travel modes.

For the supervisor: you must report to the assigned officer when required. You should note any incidents involving the offender’s behaviour or capability.

For a prescribed authority: before accepting community service workers, you must enter into arrangements with the Secretary regarding availability, location, and type of work. You must not use offenders to replace regular employees; the Act prohibits it unless you are a prescribed authority with satisfactory arrangements. You should also ensure compliance with work health and safety laws.