This procedure relates to supervising young people subject to a youth supervision order.

 

When to use this procedure

When supervising a young person subject to a youth supervision order.

 

What else you need to know

 

Practice context and legislation

  • When young people are found guilty of summary or indictable offences a children’s court may impose a youth supervision order. This order is appropriate for young people whose offending is serious and/or persistent.
  • A youth supervision order provides more intensive supervision and a greater range of program components than a probation order but does not have the legislative requirement of fixed hours and community service activities required by a youth attendance order.
  • Young people on a youth supervision order are likely to have completed or breached probation orders and need more intensive and structured support. They may also be first-time offenders who, due to the serious nature of the offence, need more intensive intervention.
  • The court can impose an aggregate, or single, youth supervision order in relation to multiple offences.
  • The court may order the young person to observe special conditions for the whole, or a specified period, of the order. It must provide a reason for the inclusion of any special conditions made. Community service activities may be included as a special condition.
  • A youth supervision order provides intensive supervision in the community, with the intention of minimising the risk of further offending. It also provides for the opportunity of reparation through community service activities that may be added as a special condition.
 

Roles and key tasks

Youth justice court advice service worker

  • Explain the youth supervision order to the young person and schedule the first supervision appointment within two working days of the court appearance.
  • Gather contact information and allocate the case. For more information see procedure for ‘Collecting client information at court’.

Case manager

  • Provide case management and supervision.
  • Implement special conditions.
  • Initiate warning and breach process, where appropriate.
  • Provide court advice.

Team leader / team manager

  • Consult with the case manager as necessary.
  • Endorse assessments, client service plans and court reports.
  • Issue warnings and authorise breach action where appropriate.

Assistant Director / Manager Individual and Family Support

  • Provide oversight, direction and monitoring of the area youth justice service.
  • Provide case consultation regarding young people exhibiting high-risk behaviours.

Youth Justice Senior Practice Advisor

  • Provide case consultation in relation to 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

Explain requirements

Explain details of the youth supervision order to the young person at court and again at the first supervision appointment scheduled within two working days of the court appearance.

Client intake

Refer to procedure for ‘Intake’.

Client supervision

Refer to procedures in ‘Case management and planning’.

Conditions of a youth supervision order

A young person on a youth supervision order must:

  • report to the youth justice unit within two working days after the order is made
  • during the period of the youth supervision order, report to the assigned youth justice worker
  • not re-offend during the period of the youth supervision order
  • not leave the state without written permission
  • notify the assigned youth justice worker of any change of residence, school or employment within 48 hours after the change
  • attend a youth justice unit or any other place specified in the youth supervision order
  • where applicable, participate in a community service program or any other program as directed by youth justice.
  • carry out the reasonable and lawful instructions of the assigned youth justice worker or assigned authority.
  • observe any special conditions for the whole or any part of the order.

Special conditions

Explain to the young person the requirements of any special conditions that have been imposed by the court.

Tell the young person that their compliance with special conditions will be closely monitored and recorded.

Explain the consequences of non-compliance with special conditions.

Implement special conditions as soon as possible as part of the client service planning process.

Record all details including compliance in the young person’s file in the Client Relationship Information System (CRIS).

Hours of attendance

The reporting requirements for a youth supervision order have three components:

  • individual supervision
  • program activities, including any requirements under special conditions
  • community service activities, when stipulated and only for young people aged over 15 years.

The total number of hours a young person is expected to report on a youth supervision order must not exceed six hours per week.

If there is no requirement to attend program activities or community service, a standard for the reporting requirement may be:

  • three hours in the first phase
  • two hours in the second phase
  • one hour in the third and final phase.

Young people must not be required to attend more that three times per week.

The number of hours of supervision per week will be influenced by the number of hours to be spent on program or community service activities.

Maintain accurate records of appointment dates, times, location and details of reporting requirements in CRIS.

Appointment dates and times

Arrange dates and times for the young person to attend youth justice appointments or community service activities that do not interfere with attendance at employment, education, training or religious commitments.

Tell the young person they must notify their youth justice worker if they cannot keep an appointment before the date they are required to attend.

Accurately record in CRIS appointment dates, times and locations.

Phasing down reporting requirements

Consult with team leader to determine the timelines for phasing down the frequency of reporting requirements.

Phase down reporting requirements where the young person has performed exceptionally well, the order is very long or the young person’s circumstances have significantly altered.

Record the reasoning for the phase down of reporting in the client service plan review.

Community work

Section 389 (1) (g) of the Children, Youth and Families Act 2005 makes provision for community service activities to be a condition of a youth supervision order.

Community work can be stipulated as a special condition on a youth supervision order for young people aged over 15.

Refer to procedures in ‘Community work’ chapter for more information.

Absences

Verify and document any reasons for non-attendance on CRIS.

Medical certificates are required to substantiate illness and are to be attached to the young person’s file.

Acceptable reasons for absence include:

  • substantiated illness
  • family holidays
  • family illness or bereavement
  • detention after school
  • employment requirements
  • observance of religious festivals and public holidays.

Tell the young person that approved absences will still need to be made up.

Unauthorised absences

Consult with team leader about continued unauthorised absences.

Organise for young person to make up time for any absences whether acceptable or unauthorised.

Warning process

If unauthorised absences continue, follow procedures for implementation of the warning process.

Breach procedures

Seek endorsement from the Assistant Director / Manager Individual and Family Support to return a youth supervision order to court where the young person:

  • has not complied with the general conditions or any special conditions imposed on the youth supervision
  • has been found guilty of an offence during the period that the youth supervision order is in force.

At the discretion of the Assistant Director / Manager Individual and Family Support, a manager’s warning can be issued in lieu of a breach of the youth supervision order (for example, minor offending).

For high-risk young people, consultation with the youth justice senior practice adviser should occur. For more information please refer to procedures for 'Warning process for community based orders' and 'Breaches'.

Suspension of a youth supervision order – s. 390

Seek authorisation from the Assistant Director / Manager Individual and Family Support to suspend a youth supervision order where the young person is in custody or taken into custody after the youth supervision order is made.

Notify the young person by registered post of the order suspension details.  The 'Notice of suspension of youth supervision order' form can be found in CRIS.

If a young person is due for release from custody, consult with the Youth Parole Board and youth justice precinct to determine the re-commencement date of the suspended youth supervision order and if it is to be served concurrently during any period of parole.

Notify the young person of the re-commencement details in person or by registered post.

 

Suspension of a youth supervision order – s. 422

Pursuant to s. 422 of the Children Youth and Families Act 2005, the youth justice manager may suspend the operation of the order if:

  • the young person is unable to attend due to ill heath or hospitalisation
  • there are other exceptional circumstances.

Any period of suspension is added to the youth supervision order for the purpose of calculating the time of its expiry.

Application to vary or revoke a youth supervision order

See procedure for ‘Variation or revocation of community based orders’.

If a young person frequently misses appointments due to substantiated illness, it may be appropriate to return to court for a variation or revocation of the order.

It will be up to the young person to demonstrate to the magistrate that they are medically unfit to complete the order.

Representative supervision and transfers

Refer to procedures in ‘Transfers’ chapter.

Interstate and overseas travel

Inform the young person that they cannot leave the state without permission.

The case manager can provide written permission, which is endorsed and signed off by the Assistant Director / Manager Individual and Family Support and, for young people exhibiting high-risk behaviour, the youth justice senior practice adviser.

If permission is granted, the young person should be given a letter indicating this.