Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this document is: the NSW "Children (Community Service Orders) Regulation 2026" as published on the NSW legislation site, showing the in‑force version and administrative metadata (version date, certification and repeal timetable).
Who it matters to: government agencies, lawyers, courts and people checking whether this regulation is current — it records that the regulation is in force (from 28/08/2026) and is scheduled for automatic repeal on 1/09/2031.
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Direct links to the current provisions in Children (Community Service Orders) Regulation 2026.
Part 1 Preliminary
1 Name of regulation
This regulation is the Children (Community Service Orders) Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Children (Community Service Orders) Regulation 2020, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
offender means a person in relation to whom a children’s community service order is in force.
the Act means the Children (Community Service Orders) Act 1987.
work site means a place at which an offender performs, or must perform, community service work.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Supervision of community service work
4 Assignment of person to administer order—the Act, ss 16(1) and 29(1)(a)
The Secretary may assign a person to administer a children’s community service order if, in the Secretary’s opinion, the person is suitably qualified and of suitable character.
5 Community service work placements at State authorities—the Act, s 18(1A)(b)
For the Act, section 18(1A)(b), an authority of the State is prescribed if—
(a) the authority is—
(i) a Public Service agency, or
(ii) a council or county council within the meaning of the Local Government Act 1993, and
(b) the authority has, in the Secretary’s opinion, complied with any conditions the Secretary has specified, including conditions in relation to the availability, location and type of work to be performed.
6 Appointment of supervisors—the Act, s 29(1)(c)
(1) The Secretary may appoint as a supervisor a person who, in the Secretary’s opinion, is suitably qualified and of suitable character to supervise offenders performing community service work.
(2) A person appointed under subsection (1) is entitled to be paid remuneration, including travelling and subsistence allowances, as determined by the Secretary, unless the person is an officer or temporary Public Service employee.
7 Supervisor to report to assigned officer—the Act, s 29(1)(d)
A supervisor must, when required by an assigned officer to do so, report to the assigned officer on a matter relating to an offender under the supervisor’s supervision.
Part 3 Conditions of community service work
8 Offenders to comply with certain requirements—the Act, s 29(1)(b)
(1) An offender must, while performing community service work—
(a) comply with reasonable standards of dress and conduct specified by the assigned officer from time to time, and
(b) keep clothing and equipment issued to the offender in connection with performance of the work in good order and condition.
(2) An offender must not damage a work site, or property on a work site, otherwise than in accordance with a direction given by an assigned officer or supervisor.
9 Inability of offender to comply with certain directions—the Act, s 29(1)(b)
(1) An offender directed to do a thing the offender is unable to do is not required to comply with the direction if—
(a) the offender advises the assigned officer or supervisor as soon as practicable that the offender is unable to do the thing, and
(b) the assigned officer or supervisor is satisfied the offender is unable to do the thing.
(2) The offender must, if the assigned officer or supervisor requests, give the assigned officer or supervisor one of the following as a basis for not doing the thing—
(a) a certificate issued by a registered medical practitioner,
(b) the details of a relevant religious or other authority, or other relevant person, from whom the assigned officer or supervisor may obtain a statement about the offender’s inability to do the thing.
10 Breaks—the Act, s 29(1)(e)
(1) An offender must be given breaks as the offender’s assigned officer or supervisor considers appropriate.
(2) The offender’s assigned officer or supervisor must not give an offender breaks at a rate greater than 5 minutes for each hour for which the offender is engaged in performing community service work.
(3) An offender who has been engaged in performing community service work continuously for 4 hours is entitled to a meal break of 1 hour.
11 Maximum hours of work per day—the Act, s 29(1)(f)
(1) An offender must not be required to perform more than 8 hours of community service work in a day.
(2) Despite subsection (1), an offender may agree to perform more than 8 hours of community service work in a day.
12 Computation of hours of work performed—the Act, s 29(1)(g)
(1) The following periods of time are included in computing the number of hours of community service work performed by an offender—
(a) time spent by the offender at the offender’s work site while—
(i) performing community service work, or
(ii) having a break under section 10,
(b) the reasonable time for the offender to travel between a work site and the following—
(i) another work site,
(ii) another location to which the offender must travel as part of performing community service work,
(iii) the offender’s place of residence,
(iv) a location to which the offender is provided transport under section 13(a)(iii),
(c) time between—
(i) the offender’s early release from community service work on a day, and
(ii) the time when the offender would, but for the early release, otherwise have been released.
(2) The time, or a part of the time, spent by the offender performing community service work on a day does not count if the offender, while at the work site on that day—
(a) was under the influence of drugs or alcohol, or
(b) behaved in an offensive manner.
(3) The periods of time referred to in subsections (1)(b) and (2) must be determined in accordance with relevant directions given by the Secretary.
13 Travel arrangements and expenses—the Act, s 29(1)(h) and (i)
The Secretary may—
(a) provide transport for an offender between a work site and the following—
(i) another work site,
(ii) the offender’s place of residence,
(iii) another location that, in the Secretary’s opinion, is safe and appropriate, or
(b) reimburse the offender for the offender’s expenses in relation to—
(i) performing community service work, or
(ii) travel undertaken in connection with community service work.
Part 4 Miscellaneous
14 Service of documents—the Act, s 29(1)(b2)
A document is taken to have been served under the Act or this regulation if—
(a) for a children’s community service order made by an authorised justice—a copy of the order is served personally on the offender, or
(b) otherwise—the document is served by post at the last known address of the person on whom the document must be served.
15 Repeal and savings
(1) The Children (Community Service Orders) Regulation 2020 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Children (Community Service Orders) Regulation 2020, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of regulation
This regulation is the Children (Community Service Orders) Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Children (Community Service Orders) Regulation 2020, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
offender means a person in relation to whom a children’s community service order is in force.
the Act means the Children (Community Service Orders) Act 1987.
work site means a place at which an offender performs, or must perform, community service work.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Supervision of community service work
4 Assignment of person to administer order—the Act, ss 16(1) and 29(1)(a)
The Secretary may assign a person to administer a children’s community service order if, in the Secretary’s opinion, the person is suitably qualified and of suitable character.
5 Community service work placements at State authorities—the Act, s 18(1A)(b)
For the Act, section 18(1A)(b), an authority of the State is prescribed if—
(a) the authority is—
(i) a Public Service agency, or
(ii) a council or county council within the meaning of the Local Government Act 1993, and
(b) the authority has, in the Secretary’s opinion, complied with any conditions the Secretary has specified, including conditions in relation to the availability, location and type of work to be performed.
6 Appointment of supervisors—the Act, s 29(1)(c)
(1) The Secretary may appoint as a supervisor a person who, in the Secretary’s opinion, is suitably qualified and of suitable character to supervise offenders performing community service work.
(2) A person appointed under subsection (1) is entitled to be paid remuneration, including travelling and subsistence allowances, as determined by the Secretary, unless the person is an officer or temporary Public Service employee.
7 Supervisor to report to assigned officer—the Act, s 29(1)(d)
A supervisor must, when required by an assigned officer to do so, report to the assigned officer on a matter relating to an offender under the supervisor’s supervision.
Part 3 Conditions of community service work
8 Offenders to comply with certain requirements—the Act, s 29(1)(b)
(1) An offender must, while performing community service work—
(a) comply with reasonable standards of dress and conduct specified by the assigned officer from time to time, and
(b) keep clothing and equipment issued to the offender in connection with performance of the work in good order and condition.
(2) An offender must not damage a work site, or property on a work site, otherwise than in accordance with a direction given by an assigned officer or supervisor.
9 Inability of offender to comply with certain directions—the Act, s 29(1)(b)
(1) An offender directed to do a thing the offender is unable to do is not required to comply with the direction if—
(a) the offender advises the assigned officer or supervisor as soon as practicable that the offender is unable to do the thing, and
(b) the assigned officer or supervisor is satisfied the offender is unable to do the thing.
(2) The offender must, if the assigned officer or supervisor requests, give the assigned officer or supervisor one of the following as a basis for not doing the thing—
(a) a certificate issued by a registered medical practitioner,
(b) the details of a relevant religious or other authority, or other relevant person, from whom the assigned officer or supervisor may obtain a statement about the offender’s inability to do the thing.
10 Breaks—the Act, s 29(1)(e)
(1) An offender must be given breaks as the offender’s assigned officer or supervisor considers appropriate.
(2) The offender’s assigned officer or supervisor must not give an offender breaks at a rate greater than 5 minutes for each hour for which the offender is engaged in performing community service work.
(3) An offender who has been engaged in performing community service work continuously for 4 hours is entitled to a meal break of 1 hour.
11 Maximum hours of work per day—the Act, s 29(1)(f)
(1) An offender must not be required to perform more than 8 hours of community service work in a day.
(2) Despite subsection (1), an offender may agree to perform more than 8 hours of community service work in a day.
12 Computation of hours of work performed—the Act, s 29(1)(g)
(1) The following periods of time are included in computing the number of hours of community service work performed by an offender—
(a) time spent by the offender at the offender’s work site while—
(i) performing community service work, or
(ii) having a break under section 10,
(b) the reasonable time for the offender to travel between a work site and the following—
(i) another work site,
(ii) another location to which the offender must travel as part of performing community service work,
(iii) the offender’s place of residence,
(iv) a location to which the offender is provided transport under section 13(a)(iii),
(c) time between—
(i) the offender’s early release from community service work on a day, and
(ii) the time when the offender would, but for the early release, otherwise have been released.
(2) The time, or a part of the time, spent by the offender performing community service work on a day does not count if the offender, while at the work site on that day—
(a) was under the influence of drugs or alcohol, or
(b) behaved in an offensive manner.
(3) The periods of time referred to in subsections (1)(b) and (2) must be determined in accordance with relevant directions given by the Secretary.
13 Travel arrangements and expenses—the Act, s 29(1)(h) and (i)
The Secretary may—
(a) provide transport for an offender between a work site and the following—
(i) another work site,
(ii) the offender’s place of residence,
(iii) another location that, in the Secretary’s opinion, is safe and appropriate, or
(b) reimburse the offender for the offender’s expenses in relation to—
(i) performing community service work, or
(ii) travel undertaken in connection with community service work.
Part 4 Miscellaneous
14 Service of documents—the Act, s 29(1)(b2)
A document is taken to have been served under the Act or this regulation if—
(a) for a children’s community service order made by an authorised justice—a copy of the order is served personally on the offender, or
(b) otherwise—the document is served by post at the last known address of the person on whom the document must be served.
15 Repeal and savings
(1) The Children (Community Service Orders) Regulation 2020 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Children (Community Service Orders) Regulation 2020, had effect under that regulation continues to have effect under this regulation.