The regulation organises around a small number of linked concepts that implement sentencing procedure under the Act.

• Prescribed persons and roles. Sections 4 and 5 list named public office-holders and classes of employees who are the appropriate addressees for particular Act obligations. These lists include police officers, various secretaries of departments, chief executive officers of certain statutory authorities and persons designated by secretaries as being in senior legal roles (see s 4 and s 5). s 3(2) clarifies that a reference to a community corrections officer is, for juveniles, a reference to a juvenile justice officer under the Children (Detention Centres) Act 1987.

• Victim impact statements. The regulation sets the permissible form, length and content of victim impact statements tendered in sentencing (s 7, s 8). It distinguishes a particular kind of statement prepared under Act s 30L (section 30L statements) and allows those statements to speak to risks and conditions for release (s 9). The regulation restricts content that is offensive or that advances sentencing submissions (s 8(6)), prescribes one statement per primary victim (s 10), and defines who may act as a representative or qualified preparer (s 11).

• Assessment reports for courts. s 12 prescribes the minimum matters that an assessment report must address for an offender, including risk of reoffending, the offender’s response to prior community management and resources available for supervision. s 13 prescribes additional matters specific to home detention, including the need to assess accommodation suitability and to make reasonable efforts to secure accommodation before finalising a report (s 13(2)).

• Offenders affected by mental illness or cognitive impairment. ss 14-17 create an internal procedure where courts that make decisions resulting in someone becoming a forensic patient must pass victim impact statements to the Mental Health Review Tribunal (s 15) and set rules about the Tribunal acknowledging and considering the statement at reviews and in release decisions (s 16). The regulation defines forensic patient and Tribunal by reference to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and the Mental Health Act 2007 (s 14).

• Community-based orders processes. Division 1 of Part 3 (ss 18-24) prescribes the way applications to impose, vary or revoke additional or further conditions on community correction orders and conditional release orders must be made. That includes a written application requirement (s 19), a hearing date window of not earlier than 14 days and not later than 3 months from filing (s 20(2)), notice timelines and methods (s 21), the court’s power to deal without parties present or in closed court (s 22), and obligations to explain conditions and notify outcomes (ss 23-24).

• Community service work quantum and duration. ss 25-26 link permissible hours and mandatory minimum periods to the maximum prison term for the offence and distinguish between community correction orders and intensive correction orders (s 25(a)-(c); s 26(a)-(d)).

• Administrative formality and continuity. s 6 requires warrants of committal to be in the form approved by the Minister. Part 4 preserves prior regulation effects (s 27) and provides a narrow transitional rule preserving pre-2017 guilty plea provisions where committal proceedings straddle the 2017 reforms (s 28).

Each concept is enacted as a procedural requirement. The regulation does not create substantive sentencing powers; it prescribes how powers in the Act are to be exercised and who participates in supporting processes.

The regulation’s scope touches multiple categories of participants in criminal sentencing and post-sentencing supervision. Key affected parties are:

• Offenders. The regulation governs procedural matters that affect offenders at sentencing, during orders and at reviews. Assessment reports must address offender-specific matters including risks, suitability for community service or home detention and prior responses to supervision (s 12, s 13). Offenders are entitled to notice of applications and outcomes under community-based order variation procedures, subject to exceptions if the offender’s whereabouts are unknown (s 21(1)(a), s 24(1)(a)). Offenders may be absent from hearings where the court decides to proceed in the offender’s absence (s 20(3), s 22).

• Victims and family victims. The regulation prescribes how victims may prepare and tender victim impact statements (s 7-s 11). It restricts content (s 8(6)), allows victims to update Tribunal-delivered statements with Tribunal consent (s 16(3)), and limits tendering to one victim impact statement per primary victim (s 10). Family victims and family victim identification requirements are covered in s 8(4). Designated carers and principal care providers may be asked to make submissions about risk and release conditions (s 17).

• Prosecutors and listed public officials. Sections 4 and 5 identify named persons and classes of persons to be treated as prescribed for the Act’s requirements about lists of additional charges and consultation in charge negotiations respectively. This list includes police officers, departmental secretaries or designated senior legal roles, chief executives of certain statutory authorities and other specified positions (s 4(a)-(u); s 5(a)-(n)). These persons are affected because they are the officials who may request lists of charges, engage in consultation with victims and police, or otherwise receive prescribed notices.

• Courts and judicial officers. The court has express duties under several sections: to set hearing dates (s 20), to accept and transmit victim material in forensic patient cases (s 15), to explain orders to offenders in understandable language (s 23), and to give notice to offenders and community corrections after dealing with an application (s 24). The court may also deal with applications without parties present or in private (s 22).

• Community Corrections and juvenile justice officers. The regulation repeatedly refers to Community Corrections and community corrections officers. s 3(2) clarifies that where a juvenile is subject to supervision, references to community corrections officers are taken to be references to juvenile justice officers under the Children (Detention Centres) Act 1987. Community Corrections is the agency that receives notices and is implicated in finding suitable accommodation for home detention applicants per s 13(2) and in administering community service work pursuant to ss 25-26.

• Mental Health Review Tribunal and forensic patients. The Tribunal is required to acknowledge and take into account victim impact statements given by courts in forensic-patient cases and to follow specified disclosure constraints (s 16).

• Ministers and departmental secretaries. The Minister approving the form of a warrant is specifically given authority in s 6. Secretaries retain designation powers to declare roles "senior legal roles" under ss 4, 5, and departmental officers in whose name prosecutions are instituted are included in prescribed lists.

Indirectly affected groups include legal practitioners who prepare victim impact statements and assessment reports, and service providers that supply accommodation for home detention or provide community service work placements. The regulation allocates duties and rights among these groups and influences administrative workloads and communications methods for them.

The regulation contains distinct operational duties for courts, agencies and persons involved in sentencing processes, and prescribes limited rights for victims and offenders. Key duties and rights, with statutory references, are:

• Duty to use prescribed forms and formats. Warrants for committal issued under the Act s 62(1) must be in the form approved by the Minister (s 6). Victim impact statements must be legible, on A4 paper and not longer than 20 pages without leave of court (s 7).

• Content duties for victim statements. Victim impact statements must identify each victim, include the preparer’s full name, and if prepared by someone other than the victim must state that victims do not object and be signed by the victims or their representatives (s 8(1)-(3)). Family victim statements have additional identification requirements (s 8(4)). Statements must exclude offensive material, sentencing suggestions and matters not contemplated by the Act (s 8(6)).

• Right to one statement per primary victim. Only one victim impact statement may be tendered in relation to a primary victim and, where the primary victim has died, in relation to each family victim (s 10). This limits multiple tenders and concentrates the evidentiary role of victim impact material.

• Representation and qualification rules. The regulation sets out who may assist victims in preparing and reading statements, and permits qualified persons designated by victims, representatives or prosecutors to prepare statements (s 11). It defines "qualified person" to include counsellors approved under the Victims Rights and Support Act 2013 s 31 or other appropriately trained persons (s 11(5)).

• Assessment report duties. An assessment report must address specified matters including risk of reoffending, factors related to offending behaviour, how supervision would address these factors and the offender’s suitability for community service work (s 12(1)(a)-(g)). The court may require specific additional matters (s 12(1)(h)). For home detention, the report must address suitability, risks and management strategies and must not be finalised until reasonable efforts have been made to find suitable accommodation if none exists (s 13(1)-(2)).

• Court procedural duties in community-based order applications. Applications under the Act for imposing, varying or revoking additional or further conditions must be in writing (s 19). The court must set a hearing date between 14 days and 3 months after filing unless it decides to proceed without the offender (s 20). The applicant or court must give notice of the application at least 5 days before the hearing to the offender or community corrections officer as relevant, using prescribed service methods (s 21). The court must explain conditions to the offender in plain language and inform the offender and Community Corrections of outcomes as soon as practicable (ss 23-24). Notably, the court may vary or waive certain procedural requirements (ss 20(4), 23(2), 24(2)) and may deal with the application without parties present (s 22).

• Tribunal duties with respect to forensic patients. Where a court’s decision results in an offender becoming a forensic patient and the court accepts a victim impact statement under Act s 30L, the court must give the Tribunal a copy as soon as practicable (s 15). The Tribunal must acknowledge the statement at each review and take it into account in release or leave decisions (s 16(2)). The Tribunal may allow updates by the victim with consent and must follow specified disclosure rules about sharing statement contents with the forensic patient’s legal representative, including exceptional disclosure in the interests of justice (s 16(3)-(6)).

• Limits on community service and duration. Maximum hours of community service that may be imposed are prescribed and tied to the offence’s maximum statutory term: up to 100 hours for offences with maximum imprisonment not more than 6 months, up to 200 hours for offences with maximum more than 6 months but not more than 1 year, and for offences with maximum more than 1 year, 500 hours for community correction orders and 750 hours for intensive correction orders (s 25). Minimum periods for which community service conditions must be in force are prescribed according to the number of hours ordered (s 26).

• Service and notice methods. The regulation permits service by personal service, by email or other electronic means where an email address or electronic service method has been specified by the recipient, or by sending to the last known address (s 21(2), s 24(3)).

Rights are primarily procedural: victims may prepare and in some cases update statements (s 16(3)); victims and designated representatives may be asked to make submissions about risk and release conditions (s 17); and offenders have rights to notice and to have assessment reports prepared about them covering specific matters (ss 12-13). The regulation also expressly provides that failure to explain conditions to an offender does not invalidate an order (s 23(3)), which affects challenges based on procedural error.

The regulation itself does not create new criminal offences or specify monetary penalties. Its function is procedural: it prescribes formats, timelines and who must be consulted or notified under the Act. Enforcement of the regulation is therefore mainly administrative and occurs through compliance with the Act and with the processes the regulation prescribes. Specific enforcement and penalty regimes remain located in the Act and in other substantive statutes cited in the regulation.

Key enforcement-relevant points in the regulation include:

• Non-invalidating clause. If the court fails to comply with the duty to explain additional or further conditions to the offender in language the offender can readily understand, the order is not invalidated by that failure (s 23(3)). Practically, this reduces the availability of an appellate or collateral remedy based solely on such a procedural defect, shifting enforcement to administrative remedies or other jurisdictional grounds under the Act.

• Administrative obligations on courts and agencies. The court must give notice of outcomes to offenders and to Community Corrections in specified circumstances (s 24). Failure to notify or use prescribed service methods may give rise to administrative non-compliance but does not of itself attract a penalty in the regulation.

• Tribunal disclosure controls. The regulation permits the Tribunal to restrain disclosure of victim impact statement content to the forensic patient’s legal representative in specified circumstances (s 16(4)-(6)). Those provisions set the rules the Tribunal must follow when balancing disclosure and procedural fairness in applications for release or leave, and non-compliance with those rules would normally be addressed through statutory review or appeal mechanisms under the Mental Health Act 2007 and the Tribunal’s governing legislation rather than as a separate penalty in this regulation.

• Duties that allocate operational responsibility. For example, the community corrections officer must, in consultation with the offender, make reasonable efforts to find suitable accommodation for home detention before an assessment report is finalised (s 13(2)). Failure to undertake reasonable efforts may affect the validity of a decision to impose home detention or may form the basis of agency review, but the regulation itself does not set a sanction.

• Interaction with substantive breach and enforcement regimes under the Act. Community correction orders and intensive correction orders have enforcement mechanisms and breach penalties set out in the Act. The regulation supplies limits and minimums for community service work (ss 25-26) which will be enforced through the Act’s breach provisions and the administrative apparatus of Community Corrections.

In short, this regulation imposes procedural duties that are enforced through the broader statutory framework under the Act, Tribunal procedures and administrative review processes. The regulation contains a non-invalidating clause that limits the scope of relief or challenge based purely on failure to explain conditions to an offender (s 23(3)). Practitioners should therefore look to the Act for the criminal penalties and enforcement mechanisms that give effect to breach of community-based orders.

The regulation is expressly designed to operate with the Crimes (Sentencing Procedure) Act 1999 and with a set of other statutes referenced throughout. The interaction points and cross-references are explicit in the text.

• Primary relationship with the Act. The regulation repeatedly cites provisions of the Act as the source of power for the regulation’s prescriptions. For example, the lists of persons in s 4 are prescribed for the Act s 32(4)(c), consultation in s 5 is prescribed for the Act s 35A(3), the victim impact statement form and content requirements are for the Act s 29(1)(b) (ss 7-9), and the procedures for imposing, varying or revoking conditions on community correction and conditional release orders are for the Act s 103 (Part 3 Division 1, s 18). The regulation is therefore subordinate and operational to the Act.

• Mental health and forensic provisions. The regulation defines "forensic patient" by reference to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and "Tribunal" by reference to the Mental Health Act 2007 (s 14). It imposes duties on courts to pass victim impact statements to the Mental Health Review Tribunal in cases where a court’s order results in a forensic patient (s 15). The Tribunal’s duties to acknowledge and take into account the statements are set out in s 16. Those provisions therefore bridge the sentencing procedure Act and mental health/forensic review regimes.

• Victims Rights and Support Act 2013. The regulation defines "qualified person" for preparing victim statements to include counsellors approved under the Victims Rights and Support Act 2013 s 31 (s 11(5)(a)). That cross-reference integrates the services and approvals under the victims support legislation into the sentencing procedures.

• Children (Detention Centres) Act 1987. s 3(2) clarifies that references to a community corrections officer will be taken to mean a juvenile justice officer for offenders supervised by juvenile justice, linking the procedures to the juvenile justice regime.

• Crimes Act 1914 (Commonwealth). The notes to Part 3 draw attention to the Commonwealth Crimes Act 1914 s 20AB and s 20AC about intensive correction orders for federal offences and the Parole Authority’s powers in administering intensive correction orders for federal offences. The regulation’s Part 3 must therefore be implemented in light of those Commonwealth provisions where federal jurisdiction is implicated.

• Other departmental Acts and statutory authorities. The lists in ss 4 and 5 include office-holders and roles created by other Acts, for example the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 and administrative entities such as the Environment Protection Authority and Food Authority. Those inclusions mean that the regulation reaches across multiple administrative regimes and requires co-ordination between prosecuting agencies, departmental legal officers and statutory authorities.

• Subordinate Legislation Act 1989. s 2’s note explains the repeal of the 2017 regulation by the Subordinate Legislation Act 1989 s 10(2), which governed the transitional mechanism for replacement.

Where procedural provisions in this regulation intersect with statutory rights or processes under other Acts, practitioners must track the primary source of authority. For example, Tribunal disclosure obligations sit at the intersection of the Crimes (Sentencing Procedure) Regulation, the Mental Health Act 2007 and Tribunal rules. Community Corrections’ duties in home detention suitability implicate administrative responsibilities under the Crimes (Administration of Sentences) Act 1999 as noted in s 3 notes. The regulation does not displace substantive rules in other Acts; it prescribes the form and method for exercising Act-derived powers in a way that requires co-ordination across those statutes.

The regulation takes effect on 1 September 2024 (s 2) and explicitly replaces the Crimes (Sentencing Procedure) Regulation 2017, which is repealed on that date by operation of the Subordinate Legislation Act 1989 s 10(2) (note to s 2). Part 4 provides transitional continuity: acts, matters or things that had effect under the 2017 regulation immediately prior to repeal continue to have effect under the new regulation (s 27). Section 28 contains a targeted transitional arrangement preserving the application of the Act Part 3 as it stood before amendment by the Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017, for sentences on indictable offences where committal proceedings began before the commencement of that amending Act and were conducted under the prior committal provisions (s 28(a)-(b)). This preserves a narrow class of pre-2017 procedural law for particular proceedings that began before the 2017 changes took effect.

There are multiple internal notes in the regulation that refer to other Acts and their sections; for example, s 3 notes that the Act and the Interpretation Act 1987 contain definitions that affect interpretation and application of the regulation. The regulation itself is framed as procedural updating rather than as substantive reform. The ministerial approval requirement for committal warrant form (s 6) and the ability of secretaries to designate "senior legal roles" (ss 4, 5) embed administrative discretion into the new regulation; these are drafting choices that may be the locus of future administrative practice changes without further legislative amendment.

The text contains no list of prior amendments to the regulation because it is the enactment replacing the former 2017 regulation. Practitioners should therefore treat the regulation as the current procedural framework from its commencement date. The transitional provisions mean that any rights, forms or processes recognised under the 2017 regulation continue to be effective until superseded by the new regulation’s prescriptions.

The regulation text contains no references to case law or judicial interpretation. It does not record judicial challenges to the previous regulation or to specific clauses. The instrument is entirely procedural and administrative in character, and the source document does not include judgments, appeals or decisions construing these specific provisions.

Because the regulation is new and replaces the 2017 regulation, there is no litigation history within its text. That does not mean litigation cannot arise from its operation. The regulation contains several features that commonly prompt litigation or review in practice, though any future cases will need to be cited from external sources rather than from this regulation. For example:

• The non-invalidating clause in s 23(3) may be tested in practice on questions of whether a failure to explain an order amounts to jurisdictional error or a denial of natural justice in particular circumstances. The regulation expressly states that an order is not invalidated by failure to comply with s 23, but courts in other contexts have examined whether statutory procedure goes to jurisdiction. The regulation itself does not resolve that broader legal question.

• Tribunal disclosure constraints in s 16(4)-(6) create discretion for the Tribunal to withhold victim impact statement contents from a forensic patient’s legal representative in certain circumstances and permit limited disclosure in the interests of justice. The proper application of that discretion in particular cases may give rise to arguments about procedural fairness or the Tribunal’s obligations under the Mental Health Act.

• Home detention assessment requirements in s 13(2) require reasonable efforts by a community corrections officer to find suitable accommodation before a report is finalised. What constitutes reasonable efforts may be a fact-specific issue in any review of a home detention decision.

These are examples of issues that may be litigated, but the regulation itself contains no litigation history or reported decisions construing its provisions. Practitioners should monitor case law after commencement for judicial interpretation of the regulation’s procedural rules and their interactions with the Act and other statutes.

The regulation contains a number of specific drafting choices and procedural constraints that may produce traps for the unwary in practice. These are concrete points to watch for, grounded in the text.

• Page limit for victim impact statements. s 7(b) limits victim impact statements to 20 pages total, including any medical reports or annexures, unless the court grants leave. Practitioners preparing multi-source statements must plan for tight consolidation or risk an application for leave.

• One statement per primary victim. s 10 allows only one victim impact statement per primary victim (or per family victim where the primary victim has died). Multiple submissions must be consolidated or risk inadmissibility.

• Content exclusions do not prevent statements addressing risk in s 30L situations. s 8(6) prohibits suggestions about sentence or what the sentencing court should take into account. However s 9 allows section 30L victim impact statements to include risk assessments and proposed release conditions, and the court may invite the victim to expand on those matters (s 9(2)-(3). Practitioners should tailor statements to the correct category and avoid impermissible sentencing submissions in non-s 30L statements.

• Service by email requires specification. s 21(2) permits service by email or other electronic means only if the recipient has specified an email address or electronic method for service of documents of that kind. Relying on email absent such specification risks defective service. The regulation also allows service to "last known address" or work address as alternatives (s 21(2)(a)(iii), s 21(2)(b)(iii)).

• Tight hearing date window for applications. s 20(2) requires the court to set a hearing date not earlier than 14 days and not later than 3 months after filing. While the court may vary or waive these requirements (s 20(4)), early practice must calendar accordingly to avoid unintended adjournments or non-compliance.

• Explanation duty not a basis for invalidity. s 23(3) expressly provides that an order is not invalidated by a failure to explain conditions to an offender. That reduces the utility of procedural-invalidity challenges based purely on failure to explain; practitioners seeking relief should consider other grounds such as jurisdictional error.

• Home detention accommodation gating. s 13(2) bars finalising a home detention assessment until reasonable efforts have been made to find suitable accommodation where the offender lacks appropriate accommodation. Community Corrections must document efforts; failing to do so may affect the lawfulness of imposing home detention or be the basis for administrative review.

• Differential maximums for ICO and CCO. s 25 distinguishes maximum community service hours based on whether the order is a community correction order (CCO) or an intensive correction order (ICO). Practitioners must check whether the order type alters permissible hours, particularly for offences with maximum terms greater than one year.

• Tribunal disclosure complexity in forensic cases. ss 15-16 permit the Tribunal to withhold information from a forensic patient’s legal representative where the court had limited disclosure, but also permits disclosure in the interests of justice for release or leave applications, with possible conditions imposed on further disclosure (s 16(5)-(6)). This creates nuanced disclosure decision-making for the Tribunal and legal representatives.

• Ministers and secretaries designate senior legal roles. ss 4 and 5 repeatedly rely on secretaries designating "senior legal roles" and on departmental officers in whose name prosecutions are instituted. Administrative designation creates internal agency discretion affecting who is treated as a prescribed person under ss 4 and 5. Practitioners should confirm agency delegations and role-designation records.

• Transitional carve-out for pre-2017 committals. s 28 preserves pre-2017 guilty plea provisions for indictable offences where committal proceedings commenced before the 2017 amendment. Practitioners must check the committal history of older matters and whether the transitional rule applies.

Attention to these concrete provisions will help lawyers and administrators avoid routine compliance pitfalls and will guide the drafting of victim statements, assessment reports and service arrangements.

Practical steps and checklists, grounded in the regulation’s text, for the main actors:

Courts and judicial officers

• Ensure warrants for committal are in the Minister-approved form (s 6). Confirm with the registry whether an updated form has been approved before issuing warrants.
• When imposing or varying additional or further conditions for community correction orders or conditional release orders, require written applications and set hearing dates consistent with s 20. Be prepared to exercise the discretion in s 20(4) where necessary.
• Explain conditions to offenders in plain language and record the explanation. Although s 23(3) prevents such a failure from invalidating the order, good practice is to document the explanation to reduce procedural challenge risk.
• When handling cases resulting in forensic patient status, pass accepted victim impact statements to the Tribunal as soon as practicable (s 15). Provide clear directions in open orders about any parts of the statement not to be disclosed to the forensic patient’s legal representative if that was the court’s order.

Prosecutors and agency legal officers

• Identify whether your role is a "prescribed person" under ss 4 and 5 for lists of additional charges and for consultation obligations. Where secretaries designate "senior legal roles" in your department, ensure there is an internal record confirming the designation (s 4, s 5).
• For charge negotiations requiring consultation with victims and police under Act s 35A(3), comply with the list in s 5 and document consultations where required.
• When preparing assessment reports, ensure coverage of the matters listed in s 12 and, if recommending home detention, the additional matters listed in s 13, including documenting reasonable efforts to secure accommodation (s 13(2)). Provide concise, evidence-based statements on risk, resources and supervision strategies.

Community Corrections and juvenile justice officers

• Recognise that references to community corrections officers extend to juvenile justice officers for juvenile offenders (s 3(2)). Maintain up-to-date email addresses and electronic service channels that offenders and courts can use to serve documents (s 21(2), s 24(3)).
• When asked to facilitate home detention, record reasonable efforts to find suitable accommodation for offenders lacking accommodation before finalising an assessment report (s 13(2)).
• Administer community service work within the maximum hours and minimum periods set out in ss 25-26, accounting for whether the order is a CCO or ICO and for the offence’s maximum statutory term.

Victim support workers and those preparing victim impact statements

• Ensure victim impact statements comply with the form and content rules: A4 paper, legible, and no more than 20 pages without leave (s 7). Include identification of each victim and preparer’s full name (s 8(1)-(2)).
• When preparing statements for s 30L circumstances, include risk, suggested release conditions and other matters relevant to release as permitted by s 9(2). Be cautious to avoid sentencing submissions in non-s 30L statements per s 8(6).
• Use qualified persons as defined in s 11(5) for preparing statements where appropriate, and obtain the necessary sign-offs from victims where the statement is prepared by someone other than the victim (s 8(3)).

Legal practitioners for offenders

• When instructing assessment reports, brief the assessor to address the matters in s 12, and for home detention s 13. Keep documentation of accommodation searches where home detention is sought.
• Watch service routes carefully. If relying on email service, ensure the offender or the community corrections officer has specified an email address or other electronic means for service of documents as required by s 21(2).

Tribunal members and staff

• When in receipt of victim impact statements for forensic patients, acknowledge and take those statements into account at reviews and in release or leave decisions per s 16(2). Apply s 16(4)-(6) when considering disclosure of the statement’s contents to the forensic patient’s legal representative, and record the reasons for any disclosure or non-disclosure.

Administrators and registries

• Update standard forms and templates to conform with the regulation’s prescriptions, including warrant forms subject to ministerial approval (s 6), victim statement templates reflecting the 20 page limit (s 7), and written application forms for order variation proceedings (s 19).
• Maintain records of secretaries’ designations of senior legal roles and of persons in whose name prosecutions are instituted, to ensure correct application of ss 4 and 5.

General operational controls

• Train staff in the differences between s 30L and non-s 30L victim statements and in the requirement that only one statement may be tendered per primary victim (s 9, s 10).
• Implement processes to document service by email or to the last known address, and to log the dates on which notices were served to meet the timelines in s 21 and s 24.
• Audit community service orders and home detention placements for compliance with the maxima and minima in ss 25-26 and accommodation-search requirements in s 13(2).

Following these concrete steps will align practice with the regulation’s procedural prescriptions. Where the regulation defers to the Act, consult the Act for the substantive authority and for enforcement provisions.