Serious children’s indictable offence. Section 4 of the Regulation adds a specific offence to the Act’s definition: an offence under Crimes Act 1900 section 80A (which covers certain sexual offences against children) where the victim was under 10 years of age at the time of the offence. This classification carries procedural consequences under the Act, such as whether the matter must be dealt with in the Children’s Court or committed to a higher court. The prescription is narrow and targeted, reflecting a policy choice that offences against very young children should be treated as inherently serious. The provision does not expand the substantive offence; it merely triggers the Act’s existing definitional machinery for a previously unlisted sub‑category.

Background reports. Section 6 mandates the contents of background reports prepared under section 25(2)(a) of the Act. These reports are used by the Children’s Court when sentencing or making other orders. The list of required matters is broad: family background, employment, education, friends and associates, community participation, disabilities, antecedents, anything else the court requests, and anything the prosecutor considers appropriate. The last two items give both the court and the prosecutor a wide berth to require or include additional information. The report must be in the approved form, meaning the Minister has control over the template. This creates a compliance burden on report writers (typically youth justice officers) and may extend the time taken to finalise matters if information is not readily available.

Explanations to accused persons in committal proceedings. Section 7, together with Schedule 1, prescribes the oral and written explanations that a magistrate must give to an accused child before the commencement of committal proceedings under Part 3 Division 3A of the Act. The oral explanation (clause 1 of Schedule 1) sets out two steps: the child may ask for witnesses who gave written statements to attend court to give oral evidence, and the child may give their own evidence or call witnesses, but with a warning that doing so may be recorded and used at trial. The child must also be told of the right to legal representation and an adjournment to obtain it. The written explanation (clause 2) repeats the same information in slightly more detail. The requirement is mandatory: the magistrate “must” give both. Failure to do so could be grounds for challenge to the committal decision. This imposes a procedural cost on the court and may lengthen proceedings, but it is designed to ensure the child understands the process.

Conditions that may be imposed by orders. Section 8(1) provides a non‑exhaustive list of conditions for good behaviour bonds and probation orders made under section 33(1) of the Act. These include school attendance, employment, crime prevention, residence, counselling or medical treatment, association limits, premises limits, compliance with directions of a specified person, and a residual category of “other matters the court considers appropriate”. Section 8(2) allows a probation order to incorporate compliance with a concurrent community service work order. The residual category is a notable feature: it grants the court very broad discretion to impose conditions not specifically listed, limited only by what the court considers appropriate in relation to the child. This could include conditions that are intrusive or difficult to monitor, and the child may not have clear notice of what might be ordered. For legal practitioners, it means that the court’s discretion is not confined to the enumerated types.

Authorised officers. Section 10 designates specific Department of Communities and Justice roles as authorised officers under section 39 of the Act. The list is hierarchical and includes operational and professional roles. These officers exercise powers under the Act, such as supervision of parole or probation. The listing provides certainty about who holds those powers, but it also means that any reorganisation of the Department’s staffing structure could require an amendment to the Regulation to maintain continuity.

Parole conditions and orders. Sections 11 and 12 cover parole orders. Section 11 imposes a three‑step consultation requirement before the court can impose a condition about residence or treatment: the court must consider a youth justice officer’s report, be satisfied that compliance is feasible, and obtain the consent of any person whose co‑operation is needed (other than the detainee or a youth justice officer). This protects third parties from being involuntarily enlisted, but may slow the parole process if a suitable placement or treatment provider cannot be found or consents. Section 12 requires the parole order to be in the approved form and sets out distribution requirements. The requirement that copies arrive at the detention centre at or before the detainee’s arrival imposes a timing obligation on the court or its staff.

Transitional provision. Section 15 inserts a transitional period following the 2025 amending Act. During this period, the new section 5(8)(b) of the Act (which would allow a court to consider certain matters when determining the rebuttal of the presumption of doli incapax) does not apply. Additionally, a court must not have regard to admissions made by a child to become eligible for a caution or youth justice conference. This temporarily preserves the pre‑amendment position on the use of such admissions, which may affect the prosecution’s ability to rebut the presumption. The transition period ends on the commencement of Schedule 2[9] of the amending Act, a date not specified in the Regulation itself.

The Regulation affects a range of actors within the NSW criminal justice system as it applies to children.

Children accused of offences. Children between the ages of 10 and 18 (or up to 21 in some circumstances under the Act) are the primary subjects. They receive the mandatory explanations in committal proceedings (s 7, Sch 1) and the explanatory material for orders under section 33(1) (s 9). They are bound by the conditions that may be imposed on good behaviour bonds, probation and parole (ss 8, 11). Their background reports will be prepared according to section 6, and their detention and release are affected by the parole order and warrant provisions (ss 12, 13). The transitional provision at section 15 directly affects children who have made admissions to obtain a caution or youth justice conference: during the transition period, those admissions cannot be used to rebut the presumption against criminal responsibility. This may increase the chance that such children are found not to have criminal capacity, depending on the circumstances.

The Children’s Court and magistrates. Magistrates must comply with the mandatory explanation procedure in committal proceedings (s 7). They must ensure that any condition about residence or treatment on a parole order is only imposed after the required consultation and consent (s 11). They must use the approved form for parole orders and warrants of commitment (ss 12, 13). They have broad discretion to impose conditions beyond the enumerated list in section 8(1)(i). The court also may request additional matters in background reports (s 6(b)(viii)). The transitional provision restricts the court’s ability to consider certain admissions, which may change how it approaches the doli incapax presumption.

Youth justice officers and Department of Communities and Justice staff. Section 10 declares a range of Departmental roles as authorised officers, giving them statutory powers under the Act. Youth justice officers are responsible for preparing background reports (s 6) and reports on detainee circumstances for parole conditions (s 11(a)). They also may be the person supplying explanatory material under section 9(3) and must make reasonable efforts to explain it orally. The Commissioner of Police is tasked with maintaining lists of adults willing to attend interviews (s 5), though this likely delegates to youth justice or police liaison.

Police. Police are affected by section 5, which requires the Commissioner to arrange lists of adults for child interviews. Police who take statements or admissions from children must ensure an appropriate adult from the list is present, unless an alternative adult is available. The prescribed serious children’s indictable offence in section 4 may affect police charging decisions and the court to which the matter is referred.

Legal practitioners and Legal Aid NSW. Lawyers representing children must understand the mandatory explanation procedure and advise their clients accordingly. They should ensure that the background report requested or relied upon complies with section 6. The transitional provision changes the evidentiary landscape for admissions made for diversion, which may require lawyers to advise clients differently about participating in cautions or youth justice conferences. Legal Aid NSW is mentioned in the Schedule 1 written explanation as a source of legal assistance.

Third parties. Section 11(c) requires the consent of any person (other than the detainee or youth justice officer) whose co‑operation is needed to comply with a residence or treatment condition on parole. This could include family members, accommodation providers, or treatment facilities. They become directly involved in the parole arrangement and must consent before the condition is imposed. This may give them a veto over certain parole conditions, potentially lengthening the period of detention if a suitable residential placement cannot be secured.

The Minister and departmental administrators. The Minister must arrange explanatory material (s 9) and approve forms (definition of approved form in s 3). The Department of Communities and Justice must update and maintain the authorised officer list as roles change (s 10). The savings provision in section 14(2) carries forward administrative acts under the repealed 2016 Regulation, minimising disruption.

Duty on magistrates in committal proceedings. Section 7 imposes a mandatory duty on the magistrate before the commencement of committal proceedings under Part 3 Division 3A of the Act to give both an oral explanation (in or to the effect of Schedule 1 clause 1) and a written explanation (in or to the effect of Schedule 1 clause 2). The oral explanation must cover the two steps (calling witnesses, giving own evidence), the warning about self‑incrimination, the right to legal representation, and the right to an adjournment to obtain it. The explanation is not a mere formality; it must be given before proceedings commence. Non‑compliance could render the committal proceedings invalid, although the Regulation does not expressly state the consequence. The right of the child to receive this explanation is a procedural safeguard.

Right of the child to call witnesses and give evidence. The Schedule 1 explanations inform the child that they may ask the magistrate to call any prosecution witness who gave a written statement to come and give oral evidence. If they do not ask, the written statement stands. They also may give their own evidence or call defence witnesses, but with the warning that it may be recorded and used at trial. The child is also told they have the right not to say anything, and the right to legal representation and an adjournment. These are rights under the Act and the common law, but the Regulation ensures they are communicated in a prescribed form.

Duty on the person supplying explanatory material. Under section 9(3), the person responsible for supplying the explanatory material about orders under section 33(1) must make all reasonable efforts to explain the material orally to the child. This is in addition to giving the written material. The duty is to make reasonable efforts, not an absolute guarantee that the child understands. Practically, this means the officer handing over the material must sit with the child and go through it. The duty is ongoing: each time a new order is made, the material must be supplied and explained.

Duty on the court before imposing parole residency/treatment conditions. Section 11 requires the court to take three positive steps before imposing a condition about residence or treatment on a parole order: (a) consider a report from a youth justice officer about the detainee’s circumstances; (b) satisfy itself that compliance is feasible; and (c) if the condition requires the co‑operation of a person other than the detainee or a youth justice officer, obtain that person’s consent. Each step is mandatory. The court cannot impose such a condition if a suitable residence or treatment programme is not available or if the necessary person refuses consent, even if otherwise desirable. This limits judicial discretion in favour of feasibility and third‑party rights.

Right of the child to understand order consequences. Section 9(2) requires that the explanatory material include a description of the requirements of the order, the consequences if they are not observed, rights of appeal, rights in relation to variation, and grounds on which a variation may be sought. This is a right to information that is child‑accessible. The child is entitled to know not only what they must do but also what happens if they breach and how they can appeal or vary.

Right of the child to apply for variation. The explanatory material must include the rights in relation to variation and the grounds on which an application may be made (s 9(2)(d) and (e)). This implies that the child has a right under the Act to seek variation of an order, and the Regulation ensures they are told how.

Duty to use approved forms. Several provisions (ss 6, 12, 13) require that documents be in the approved form. This creates a duty on the court and departmental officers to use the correct template. Failure to use the approved form might not invalidate the document if it is still substantially compliant, but the Regulation mandates the form. The “approved form” is defined in section 3 as a form approved by the Minister, so practitioners must obtain the current version from the Department.

Duty on the Commissioner of Police regarding adult lists. Section 5 authorises (but does not require) the Commissioner to arrange for lists of adults willing to be present at child interviews. If the Commissioner chooses to maintain such lists, it becomes a duty to keep them current and accessible. Police officers conducting interviews may then rely on those lists to satisfy the Act’s requirement that a supporting adult be present.

The Regulation itself does not create any criminal penalties or civil pecuniary penalties. It is procedural and administrative in nature. However, non‑compliance with its provisions may give rise to consequences under the Act or at common law.

Consequences for breach of conditions. Section 8 lists conditions that may be imposed on good behaviour bonds and probation orders. Breach of those conditions (such as failing to attend school, associating with prohibited persons, or failing to undergo counselling) would be a breach of the order under section 33 of the Act. The Act provides for sanctions for breach, including revocation of the bond or probation and resentencing. The Regulation does not specify those sanctions; they are found in the Act and the applied Crimes (Sentencing Procedure) Act 1999. The court’s wide discretion under section 8(1)(i) to impose “other matters” means that any condition not in the list could still be enforced if it is considered appropriate, but the child may not have had clear warning.

Consequences for non‑compliance with explanation requirement. Section 7 requires the magistrate to give the oral and written explanations before the commencement of committal proceedings. If the magistrate fails to do so, the committal proceedings may be invalid or subject to appeal. The Act (section 31L) provides that the explanation must be given, and the Regulation prescribes the form. A failure could lead to a successful application for a stay or an order that the committal be recommenced. This is a procedural defect that goes to the fairness of the proceedings.

Consequences for using wrong form. Warrants of commitment (s 13) and parole orders (s 12) must be in the approved form. A warrant not in the approved form might not be a valid authority to detain the child, potentially giving rise to an action for false imprisonment. Similarly, a parole order that is not in the approved form may be unenforceable. Practitioners should ensure they have the current approved form from the Minister.

Consequences for failing to make reasonable efforts to explain material. Section 9(3) requires the person supplying the explanatory material to make all reasonable efforts to explain it orally. Failure to do so might not directly invalidate the order, but it could be raised on appeal as a failure to provide procedural fairness. It could also lead to disciplinary action against the officer.

Enforcement of parole order conditions. Section 11(c) requires the court to obtain the consent of a third party before imposing a condition requiring that person’s co‑operation. If the condition is imposed without consent, it may be ultra vires and unenforceable. The detainee or the third party could challenge the condition. This is a formal enforcement mechanism: the court must not act without consent.

Transitional provision restriction. Section 15(2) provides that during the transition period, a court must not have regard to admissions made by a child to obtain a caution or youth justice conference when determining whether the presumption under section 5(2) of the Act has been rebutted. If a court inadvertently considers such an admission, the decision could be challenged on appeal for legal error. The provision is mandatory: “must not have regard”. It is not a mere direction; it is a statutory prohibition.

No penalty for non‑use of adult lists. Section 5 authorises but does not require the Commissioner to maintain lists of adults for interviews. If the lists are not maintained, police officers must find an adult by other means. There is no penalty for failing to maintain the lists, but section 13 of the Act requires a supporting adult to be present for certain interviews; the lists are just a facilitative tool.

No penalty for officers. The Regulation does not impose personal penalties on youth justice officers, magistrates, or police for failing to comply with procedural duties. The consequences are to the validity of proceedings or orders, not personal liability.

Children (Criminal Proceedings) Act 1987. The Regulation is made under this Act and gives effect to many of its provisions. The definitions in section 3 of the Regulation incorporate the Act’s definitions. Section 4 prescribes an offence for the definition of serious children’s indictable offence in section 3(1) of the Act. Section 5 relates to section 13 of the Act (presence of adult during interviews). Section 6 relates to section 25(2)(a) of the Act (background reports). Section 7 relates to section 31L of the Act (explanations in committal proceedings). Sections 8 and 11 relate to section 51 of the Act (conditions on orders and parole). Section 10 relates to section 39 of the Act (authorised officers). Sections 12 and 13 relate to sections 51(1)(c) and the applied Act’s section 62. Section 15 relates to the Act’s section 5(8)(b) as inserted by the amending Act.

Crimes (Sentencing Procedure) Act 1999 (applied Act). The applied Act is defined in section 3 as the Crimes (Sentencing Procedure) Act 1999 as applied by the Children (Criminal Proceedings) Act 1987, section 33C. Section 13 of the Regulation requires warrants of commitment under section 62 of the applied Act to be in the approved form. The applied Act governs sentencing procedures generally; its provisions on warrants, recognizances, and bonds are imported for children with modifications. The Regulation interacts by prescribing the form of the warrant, not the content of the sentencing power.

Young Offenders Act 1997. Section 15 of the Regulation directly references the Young Offenders Act 1997. During the transition period, a court must not have regard to an admission made by a child in order to be eligible for a caution or youth justice conference under that Act. This restricts the use of admissions made in diversionary processes, which would otherwise be admissible evidence. The interaction is limited to the transitional period and aims to protect the integrity of the diversionary scheme.

Crimes Act 1900. Section 4 of the Regulation prescribes an offence under section 80A of the Crimes Act 1900 as a serious children’s indictable offence when the victim was under 10. This means the definition of serious children’s indictable offence in the Act now includes a specific sexual offence against a child under 10. The Regulation does not alter the substantive law of that offence; it only affects its classification for procedural purposes under the children’s criminal justice scheme.

Subordinate Legislation Act 1989. The repeal of the 2016 Regulation (section 14) is noted in section 2 of the Regulation as being necessary because the 2016 Regulation would otherwise be repealed by the Subordinate Legislation Act 1989, section 10(2) on 1 September 2021. The Regulation replaces it, continuing its effect.

Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025. Section 15 is a transitional provision consequent on this amending Act. The amending Act inserts a new section 5(8)(b) into the Children (Criminal Proceedings) Act 1987. Section 15(1) provides that the new subsection does not apply during the transition period. This interaction creates a temporary hiatus: the amending Act has been enacted but a key provision is not yet operative for children subject to the Regulation. The transition period ends on the commencement of Schedule 2[9] of the amending Act, which is not defined in the Regulation.

Interpretation Act 1987. The note to section 3 reminds the reader that the Act and the Interpretation Act 1987 contain definitions and provisions affecting interpretation. This includes standard interpretive rules such as definitions of “child”, “commencement”, “person”, and aids like headings and examples.

Repealed 2016 Regulation. The savings provision in section 14(2) ensures that any act, matter or thing done under the 2016 Regulation continues under the 2021 Regulation. This preserves the validity of forms, appointments, and authorisations made under the earlier instrument, preventing a gap.

The Regulation commenced on 27 August 2021 (the date of publication on the NSW legislation website), repealing and replacing the 2016 Regulation. Since commencement, it has been amended twice.

Amendment by 2023 No 39, Sch 6.2. Sections 11 and 12 were amended by the amending instrument numbered 2023 No 39, Schedule 6.2. The amendment affected the consultation requirement for parole conditions (section 11) and the provisions for parole orders (section 12). The precise content of the amendment is not detailed in the Regulation text beyond the notation “Am 2023 No 39, Sch 6.2[1] [2]” for section 11 and “[3] [4]” for section 12. The current text of those sections as set out in the Regulation thus includes the amendments. The amendment likely refined the consultation steps or distribution requirements, but the Regulation’s current text is the consolidated version.

Insertion of section 15 by 2026 No 57, Sch 1. Section 15 was inserted by amending instrument 2026 (57), Schedule 1. This added the transitional provision consequent on the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025. The notation reads “Ins 2026 (57), Sch 1.” This insertion occurred after the Regulation’s original commencement and after the 2023 amendments. The insertion was necessary to address the transitional period arising from the 2025 amending Act, which itself had commenced at some point before the 2026 instrument. Section 15 defines the “transition period” as beginning on the commencement of section 15 itself (i.e., the date the 2026 instrument commenced) and ending on the commencement of Schedule 2[9] of the amending Act. The duration could be months or years depending on when that Schedule is proclaimed.

The amendment history shows the Regulation is a living instrument being adjusted to accommodate legislative changes in the parent Act. Practitioners must ensure they consult the current version in force, as the 2016 Regulation is repealed and any reliance on pre‑amendment provisions (such as the pre‑2023 version of sections 11 and 12) would be erroneous. The transitional provision itself may be time‑limited, requiring careful monitoring of when Schedule 2[9] of the 2025 amending Act commences.

No other amendments are recorded in the text. The Regulation has been amended twice in its lifetime (as of the current consolidated version). Future amendments could occur as the Act is further revised or as departmental roles change.

The Regulation text does not contain any references to court cases, judicial decisions, or litigation history. There are no statements of case citations, summaries of judgments, or references to any court interpreting its provisions. This is typical for a subordinate regulation that is procedural; litigation is more likely to concern the parent Act or the application of the regulation in individual cases.

However, it is possible that provisions of the Regulation have been considered or challenged in the Children’s Court or higher courts. For example, the mandatory explanation requirement in section 7 and Schedule 1 could be the subject of a challenge if a magistrate fails to give the explanation or gives it incorrectly. There is no published litigation history within the instrument itself. Other potential litigation grounds could include: the scope of the court’s discretion to impose conditions under section 8(1)(i) (whether a condition was “appropriate”); the adequacy of a background report under section 6; the validity of a parole order that was not in the approved form; or the application of the transitional provision in section 15, particularly the prohibition on considering admissions for caution/youth justice conference eligibility.

The absence of cited cases does not mean no litigation exists; it means the Regulation does not record it. Given that the Regulation came into force in 2021 and has been amended, there may be limited case law. The transitional provision (section 15) is recent (inserted 2026) and likely untested. The serious children’s indictable offence prescription (section 4) could be litigated if a child argues that the offence charged is not captured because the victim was not under 10, or that the prescription is ultra vires. The authorised officer list (section 10) could be challenged if a person not on the list purports to exercise authorised officer powers.

For the purposes of this deep dive, no specific judgments can be named as none are provided. The user should consult legal databases (e.g., AustLII, Westlaw) for any decisions citing the Regulation or its predecessor.

Broad residual condition power. Section 8(1)(i) allows the court to impose conditions relating to “other matters the court considers appropriate in relation to the child.” This is not confined to matters similar to the listed categories. A child could be required to attend a specific programme, abstain from using social media, or submit to electronic monitoring, all without explicit legislative authorisation beyond this catch‑all. The only limitation is that the condition must be “appropriate”. There is no requirement that the condition be reasonably related to rehabilitation or prevention of reoffending. This gives the court very wide discretion, and the child may face surprising conditions.

“Approved form” defined but not reproduced. The Regulation repeatedly requires background reports, parole orders, and warrants of commitment to be in the approved form. The definition in section 3 says “approved form means a form approved by the Minister.” The forms themselves are not published in the Regulation. Practitioners must obtain them from the Department of Communities and Justice or the Minister. If the wrong form is used, the document may be invalid. There is also a risk that the Minister changes the form without updating the Regulation (though a new form would require a new approval).

Consent requirement for third parties on parole. Section 11(c) requires the court to obtain the consent of any person whose co‑operation is required (other than the detainee or a youth justice officer) before imposing a residence or treatment condition. This means that a family member or treatment provider can veto a parole condition. If no suitable residence is available or the treatment provider refuses, the court cannot impose that condition, potentially prolonging the child’s detention. The child has no right to compel the third party’s consent.

Transitional period ambiguity. Section 15 creates a transitional period that begins on the commencement of section 15 (date of the 2026 amending instrument) and ends on the commencement of Schedule 2[9] of the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025. That Schedule’s commencement date is not specified in the Regulation. It could be a specific date in the future or on proclamation. Until that date, two restrictions apply: (a) section 5(8)(b) of the Act does not apply; and (b) admissions made for a caution or youth justice conference cannot be considered for rebutting the presumption. Once the Schedule commences, both restrictions lift. Practitioners must track the commencement of that Schedule to know when the transitional provisions expire. If they fail to do so, they might wrongly advise a client that admissions are inadmissible after the transition ends.

Oral explanation must be “in or to the effect of” the Schedule. Section 7 allows the magistrate to give an oral explanation “in or to the effect of” the form in Schedule 1. This gives some flexibility: the magistrate does not have to read the exact words. But if the magistrate departs too far from the prescribed form, it may not be “to the effect of” it, risking non‑compliance. The safe approach is to use the exact wording. The word “must” suggests strict compliance, but the “or to the effect of” language provides a buffer.

No penalty for failure to explain orally. Section 9(3) says the person supplying explanatory material “must make all reasonable efforts to explain the material orally to the child.” The duty is to make reasonable efforts, not to ensure understanding. A busy youth justice officer might merely hand over the material and ask if the child has questions, which could be argued as not reasonable. The provision is vague and may be difficult to enforce. If a child later claims they did not understand their order, the officer’s efforts could be scrutinised.

Wide scope of background report matters. Section 6(b) requires the background report to include details of the child’s “friends and associates” and “nature and extent of the child’s participation in community life.” These are subjective and could involve intrusive investigation into the child’s social circle. The prosecutor may also include anything they consider appropriate (s 6(b)(ix)). This gives the prosecutor a right to insert potentially prejudicial material that is not strictly relevant to the offence. The child or their lawyer may not have an opportunity to challenge the report’s contents before it is used.

Savings provision carries forward any act under the 2016 Regulation. Section 14(2) provides that anything done under the repealed 2016 Regulation continues to have effect under the 2021 Regulation. This includes lists of adults, approved forms, and appointments of authorised officers. The 2016 Regulation’s definitions and forms may differ from the 2021 version, so practitioners need to check whether an earlier form or authorisation is still valid. The savings provision might unintentionally preserve outdated practices.

For legal practitioners representing children. Familiarise yourself with the approved forms. Obtain copies of the approved form for background reports (s 6), parole orders (s 12), and warrants of commitment (s 13) from the Department of Communities and Justice. Ensure that any background report prepared by a youth justice officer is in the approved form and contains the required matters; if it does not, object and request a compliant report. In committal proceedings, confirm that the magistrate has given the oral and written explanations under section 7 and Schedule 1 before the proceedings begin. If the magistrate fails to do so, raise the issue immediately and seek an adjournment or stay. When advising a child about conditions on a bond or probation order, explain that the court can impose any condition it considers appropriate under section 8(1)(i), not just the listed ones. Ensure the child understands that they may have to comply with directions of a specified person (s 8(1)(h)). If the child is subject to a parole order with residence or treatment conditions, verify that the court complied with section 11: that a youth justice officer’s report was considered, that compliance was found feasible, and that any third party whose co‑operation is needed consented. If not, challenge the condition.

For youth justice officers preparing background reports. Use the approved form obtained from the Minister. Address each of the matters listed in section 6(b)(i) to (ix), even if the information is limited. If the court or prosecutor requests additional matters, include them. Do not omit any category; the report must “include details” of each. Be prepared to explain the report orally to the child (s 9(3) may apply if the child is subject to an order). When asked to supply explanatory material for orders under section 33(1), make reasonable efforts to explain the material orally. Record the steps taken (e.g., date, time, what was said) to evidence compliance.

For magistrates. Before commencing committal proceedings under Part 3 Division 3A, use the exact wording of Schedule 1 clause 1 for the oral explanation and give the child the written explanation in clause 2. If you vary the wording, ensure it remains “to the effect of” the form. When imposing conditions on a good behaviour bond or probation, consider the listed categories in section 8(1) but remember the residual power; if you exercise it, state on the record why the condition is appropriate in relation to the child. Before imposing a residence or treatment condition on a parole order, request a report from a youth justice officer under section 11(a), assess feasibility under section 11(b), and obtain written consent from any other person whose co‑operation is required under section 11(c). Record these steps. Use the approved form for parole orders (s 12) and warrants of commitment (s 13), and ensure copies are distributed as required.

For the Department of Communities and Justice and the Minister. Maintain the approved forms and make them accessible. Update the explanatory material under section 9 as needed. Ensure that authorised officers listed in section 10 are appointed and aware of their powers. If roles change, consider amending the Regulation to keep the list accurate. The Commissioner of Police may decide to prepare and maintain lists of adults for child interviews under section 5; if so, ensure the lists are current and that police officers are trained to use them.

For police officers. If you are interviewing a child and need a supporting adult under section 13 of the Act, check whether a list of adults is maintained under section 5 of the Regulation. If so, select an adult from the list if reasonably available. If no list exists, find an appropriate adult through other means. Ensure the child understands their rights before making any statement.

For anyone relying on the transitional provision. Note that section 15 applies only during the transition period. Monitor the Gazette or the legislation website for the commencement of Schedule 2[9] of the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025. Once that Schedule commences, the restrictions in section 15(1) and (2) cease. Do not advise a child that admissions for cautions or youth justice conferences are inadmissible after that date. During the transition period, if a court inadvertently considers such an admission, object and rely on section 15(2) to have the evidence disregarded.

General compliance steps. Maintain a copy of the current Regulation and any amending instruments. Check for future amendments, especially changes to the authorised officer list (s 10) or the transitional provisions. When using any form described as “approved form”, confirm with the Department of Communities and Justice that the form you have is the current version. Document all steps taken to comply with obligations under the Regulation, including the provision of explanations, the obtaining of consents, and the distribution of orders. In litigation, be prepared to prove compliance or challenge non‑compliance on the record.