This procedure outlines the role of youth justice regarding family violence exclusion orders against a young person.
When to use this procedure
Assessing a young person when the court is considering adding an exclusion condition to a family violence intervention order.
What else you need to know
Practice context and legislation
- Under the Family Violence Protection Act 2008, the court must consider additional factors before adding an exclusion condition to a family violence intervention order against a young person under 18 years of age.
- If the court has made a family violence intervention order, it must consider whether the person against whom the application is made should leave the protected person's home. This may mitigate the economic and social disadvantage experienced by the protected person and children who are forced to leave the home as a result of family violence.
- Under s. 71 of the Personal Safety Intervention Orders Act 2010, in making a decision about whether to include an exclusion condition in the personal safety intervention order, the court must consider the desirability of minimising disruption to the protected person and any child living with them. This is so the protected person can maintain social networks and continuity in the care of children.
- If the young person who is a respondent to a family violence intervention order is aged over 16 years 11 months and under 18, the youth justice service will manage the request for an assessment report. The exception to this is if the young person is a current child protection client, in which case child protection will manage these matters.
- If child protection receives a request for a report on a young person aged in the above category, who is not a current child protection client, the request is to be referred to the area youth justice contact person.
Roles and key tasks
- Case manager
- Team leader / team manager
- Assistant Director / Manager Individual and Family Support
- Youth Justice Senior Practice Advisor
- The request for a report will be managed by youth justice if the young person is aged over 16 years 11 months and under 18, and is not a current child protection client.
- Explore young person’s options for alternative accommodation and appropriate care and supervision.
- Prepare exclusion report as requested by the court.
Team leader / team manager
- Receive request for exclusion report.
- Consult with case manager about the report.
Assistant Director / Manager Individual and Family Support
- Provide oversight, direction and monitoring of the area youth justice service.
- Provide case consultation for young people with high-risk behaviours.
Youth Justice Senior Practice Advisor
- Provide case consultation for court recommendations, breaches and particularly for high-risk young people. This should occur subject to local Area agreements between Assistant Director / Manager Individual Family Support and the Senior Practice Advisor.
The procedure in detail
- Referral from the court to the department
- Referral to youth justice from child protection
- Dual order clients
- Assessment process
- Cultural requirements
- Privacy and information sharing
- Submission of report to court
- Filing of reports
- After-hours requests for reports
- Data collection
Referral from the court to the department
The child protection intake service will determine the age and child protection status of the young person and (if aged over 16 years 11 months) refer the report request and notification to the youth justice team leader or designated contact.
Referral to youth justice from child protection
The youth justice team leader or designated contact will receive a request via child protection to prepare the exclusion report for a young person aged over 16 years 11 months and under 18 years who is not a current child protection client.
Youth justice must then make contact with the respondent to undertake an assessment of their options for alternative accommodation and appropriate care and supervision.
Dual order clients
If the young person is a dual order client of youth justice and child protection, consultation between the programs must occur in preparing the report to the court.
However, it is child protection’s responsibility to provide the report to the court.
The child protection and youth justice protocol clearly defines the arrangements where information must be exchanged. For more information please refer to the procedure for ‘Working with child protection – dual order clients’.
If the young person is a disability services client, the report writer makes contact with the area disability service.
The court may not make an exclusion condition on a family violence intervention order against a young person unless the court is satisfied the young person will have alternative accommodation and appropriate care and supervision.
The assessment needs to provide information to the court on:
- the available options for alternative accommodation
- the availability of appropriate care and supervision of the young person.
The following factors should be considered in the assessment:
- access to educational and health services
- education, training or employment can continue without interruption.
Make contact with the young person and organise to meet them in a safe environment to make an assessment of their alternative options.
If the young person refuses to meet, make contact with their parents to ascertain what alternative options are available.
The format of an exclusion report is similar to a progress report, addressing the factors outlined above.
If the young person is of Aboriginal or Torres Strait Islander descent, an assessment needs to include:
- whether the young person will have alternative accommodation, care and supervision
- the desirability of keeping the child within their Aboriginal or Torres Strait islander extended family or relatives
- maintain the child's culture through contact with their cultural community.
Privacy and information sharing
In the course of undertaking an exclusion order assessment report, abide by the principles of the Health Records Act 2001, Information Privacy Act 2000 and the Children, Youth and Families Act 2005.
Submission of report to court
Submit the exclusion report to the court within the prescribed period (seven days) or within the timeframe prescribed by the court.
Filing of reports
All requests for, and finalised child exclusion reports, must be filed within a dedicated TRIM (Total Records Information Management) file titled ‘Family violence intervention order – youth justice exclusion reports’.
If the young person is currently involved with youth justice, file a copy of the report on the Client Relationship Information System (CRIS) file.
When a request for an exclusion report is for a young person who is not a client of youth justice:
- create the young person as a client on CRIS
- record the court order request for an exclusion report.
After-hours requests for reports
After-hours magistrates may make requests for assessment of young people in regard to their options for alternative accommodation and appropriate care and supervision for an interim period until the court sits to formally hear the complaint.
Where possible Central After Hours Assessment and Bail Placement Service (CAHABPS) responds to these requests either in person or over the phone and undertake an assessment of the young person's options for short-term alternative accommodation and care.
CAHABPS may then transfer completion of the court's request to the relevant area child protection or youth justice team.
Inform the Youth Justice and Disability Forensic Unit of all notifications of young people being placed on child respondent exclusion orders and of all requests for child respondent exclusion order reports.