The steps outlined in this procedure guide case managers in the formal transfer of youth justice young people in Victoria to and from Queensland

 

When to use this procedure

When case managing a young person subject to a youth justice order is moving interstate.

 

What else you need to know

Make sure you have read and understood the following procedures:

 

Practice context and legislation

  • When a young person on a community-based children’s court order, or a youth parole order (as a result of a sentence given in the children's court), wants to move interstate, and this is assessed as appropriate, a transfer of supervision needs to be requested, negotiated and approved with the youth justice department in the jurisdiction where the young person will reside.
  • A supervised order may be formally transferred to, and received from, any state that is a signatory to a general agreement with the Department of Human Services pursuant to the Children, Youth and Families Act 2005. Victoria has a formal general agreement in place with Queensland. For transfers between Victoria and other states or territories, see the procedures for representative supervision
  • The objective of transferring young offenders interstate is to enable them to serve the balance of their youth justice order in their home state or a state where their family and/or care providers or significant others reside or intend to reside. Access to family contact and support and services that promote positive re-integration into the community is an important part of the rehabilitation process for young offenders.
  • The paramount consideration for the interstate transfer of a young offender is that such a transfer is in the young person’s best interests.
  • An interstate transfer should not be sought or approved if there are bail conditions, criminal charges pending or outstanding warrants against the young person or when an appeal against an order of the court is pending.
  • Sex offenders who are on a sex offender register in the sending state must be registered as a sex offender in the receiving state.
 

Roles and key tasks

Case manager

  • Finalise young person’s case plan.
  • Complete the ‘Application for formal transfer of a youth justice order’ form.
  • Submit the form to team leader or team manager for endorsement.
  • Notify Victoria Police if the young person is a registered sex offender.
  • Following approval and acceptance of the transfer, the youth justice case manager will file a copy of the ‘Statement of arrangements and authority to transfer’ form on the young person’s paper file, and forward copies of any additional information from the file to the interstate contact person.
  • Complete a transfer and closure entry in Client Relationship Information System (CRIS), close the young person’s CRIS file and provide the files to the team leader for archiving.

Team leader / team manager

  • Liaise with the Youth Justice and Disability Forensic Unit regarding transferability of the order, and appropriate interstate legislation.
  • Make contact with relevant interstate youth justice office and determine availability of services to provide intervention to the young person.
  • Provide information to case manager, to support preparation of the ‘Application for formal transfer of a youth justice order’ form.
  • Review the information contained in the application upon completion.
  • If agreeable, sign and submit the form to the Assistant Director / Manager Individual and Family Support or Youth Justice Senior Practice Advisor for endorsement.

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.
  • Review the ‘Application for formal transfer of a youth justice order’ form.
  • Endorse the application and submit the application to the Operations and Practice team, Youth Justice and Disability Forensic Unit for approval by the Assistant Director.

Youth Justice Senior Practice Advisor

  • Provide case consultation regarding young people exhibiting high-risk behaviours. This should occur subject to local area agreements between Assistant Director / Individual Family Support manager and the Senior Practice Advisor.

Assistant Director, Youth Justice and Disability Forensic unit

  • Review the ‘Application for formal transfer of a youth justice order’ form.
  • Sign the authority for transfer (attached to the ‘Application for formal transfer form).
  • Forward a copy of the form and supporting documents to the interstate contact.
  • Ask the interstate service to have the appropriately delegated officer counter-sign the ‘Statement of arrangements and authority to transfer’ form and return a copy to Victoria.
  • Receive the counter-signed form and forward to the Assistant Director / Manager Individual and Family Support.

 

 

The procedure in detail

Deciding to transfer formally

The primary consideration is that an interstate transfer is in the young person’s best interests.

A young person should not be substantially worse or better off in relation to their order as a result of the transfer.

Prior to making a decision to formally transfer, the case manager and their team leader will:

  • determine if the young person has any outstanding court matters, including whether there is an appeal or sentence review pending against the young person’s current order
  • consider the details of the young person’s case
  • determine whether the young person is a child protection or disability services client and seek endorsement from that program to proceed with the transfer.

Issues for consideration

Due consideration must be given to the following factors

The type of order:

  • Refer to the ‘Conversion matrix for Victoria/Queensland youth justice orders’ for information on the type of orders that can be transferred interstate.

The offence:

  • The seriousness of offence is not grounds to refuse an application for interstate transfer. However, the sending division must be satisfied that adequate supervision can be provided if the transfer occurs.

Period of time to order expiry:

  • The sending state must ensure that there is enough time for any requirements of the order, including special conditions, to be fulfilled before the order expires.
  • Orders of less than three months should not be considered for formal transfer.

The young person’s compliance with their order:

  • Consider any non-compliance before applying for a formal transfer. If breach action is filed, the matters must be finalised before the young person is transferred.

The details of the young person’s relocation:

  • Obtain adequate information about the young person’s accommodation, contact details and support arrangements.

Implications for sex offenders:

  • Determine whether the young person is subject to the Sex Offenders Registration Act in Victoria.
  • A registered sex offender must advise Victoria Police of an intent to travel or relocate interstate. Youth justice must also be satisfied that the receiving state can ensure ongoing compliance with legislation.

Requirements for formal transfer

The young person must consent to formal transfer before an application to transfer an order interstate is made.

If formal transfer is in the young person’s best interests, the youth justice team leader will:

  • liaise with the Youth Justice and Disability Forensic Unit to confirm whether the young person’s order is transferable and obtain details of the relevant interstate legislation and the equivalent interstate order
  • if the order is transferable, make contact with the interstate office to confirm responsibility for the area in which the young person will live and find out whether there are appropriate services that will allow the young person to comply with their order
  • help the young person obtain legal advice about the transfer
  • provide the information to the youth justice case manager to enable their commencement of the ‘Application for formal transfer of a youth justice order’ form.

Interstate relocation before a formal transfer occurs

On occasion, young people may be granted permission to relocate interstate before a formal transfer occurring.

For example, if a young person’s primary place of residence is interstate and they offended in Victoria on a temporary visit, they may be granted permission to return home before formal transfer arrangements are secured.

In these situations, the case manager will meet with the team leader as soon as possible to consider the details of the young person’s case.

If formal transfer of the order is appropriate, the case manager will discuss this option with the young person and their parent/s or carer.

Once consent is obtained from the young person and their parent/s or carer (this may be received in a letter/fax/email), the case manager will start the process for formal transfer.

To ensure appropriate supervision of the young person while the formal transfer process is completed, the case manager and team leader will explore the possibility of seeking an informal transfer of casework responsibilities to the receiving state.

Until this arrangement is confirmed, the case manager will maintain regular contact with the young person.

If an interstate service accepts informal casework responsibility, request information from the interstate worker to inform the ‘Application for formal transfer of a youth justice order’ form. This may include a request that the interstate worker conduct a home visit to confirm living arrangements.

Process to transfer formally – step 1 (case manager)

  • Obtain consent for transfer from the young person and their parent/s or carer.
  • Finalise the young person’s case plan, including completion of the Victorian Offender Needs Indicator for Youth (VONIY) risk/needs assessment (if practicable).
  • Determine an interstate contact person, within a relevant department, to negotiate the formal transfer.
  • Receive in-principle interstate approval for the formal transfer of the order/s.
  • Confirm details of the young person’s initial meeting with the relevant interstate office.
  • Contact the young person to tell them the outcome and explain the reporting arrangements.
  • Complete the ‘Application for formal transfer of a youth justice order’ form which includes the background report and statement of arrangements.
  • Obtain the signatures of the young person and, where possible, their parent/s or carer on the completed ‘Application for formal transfer of a youth justice order’ form.
  • Submit the form to the team leader for review and endorsement.
  • If the young person is a registered sex offender, complete the necessary paperwork to notify Victoria Police of the young person’s interstate movement.

Process to transfer formally – step 2 (team leader / team manager)

  • Review the ‘Application for formal transfer of a youth justice order’ form.
  • sign and submit the form to the Assistant Director / Manager Individual and Family Support or Youth Justice Senior Practice Advisor for endorsement.

Process to transfer formally – step 3 (Manager Individual and Family Support or Youth justice senior practice advisor)

  • Review the ‘Application for formal transfer of a youth justice order’ form
  • Endorse the application.
  • Submit the application to the Assistant Director, Youth Justice and Disability Forensic Unit for approval.

Process to transfer formally – step 4 (Assistant Director, Youth Justice and Disability Forensic unit)

  • Review the ‘Application for formal transfer of a youth justice order form.
  • Sign the authority for transfer (attached to the ‘Application for formal transfer’ form).
  • Forward a copy of the form including supporting documentation (for example, case plan, risk/needs assessment, court orders) to the interstate contact person.
  • Ask the interstate service for the appropriate officer to counter-sign the ‘Statement of arrangements and authority to transfer’ form and return a copy to Victoria.
  • Receive the counter-signed ‘Statement of arrangements and authority to transfer’ form and forward it to the Assistant Director / Manager Individual and Family Support or Youth Justice Senior Practice Advisor.

Approval received from interstate agency for formal transfer to proceed

Following receipt of the signed copy of the ‘Statement of arrangements and authority to transfer’ form, the youth justice case manager will:

  • File a copy of the ‘Statement of arrangements and authority to transfer’ form on the young person’s paper file.
  • Forward copies of relevant information from the file such as assessments, case plan and pre-sentence reports to the interstate contact person.
  • Complete a transfer and closure entry in Client Relationship Information System (CRIS).
  • Close the young person’s CRIS file.
  • Provide the file(s) to the team leader for archiving.

The youth justice team leader will ensure all documentation is filed correctly and CRIS entries have been completed.

Logistical assistance for transfer

The sending state is responsible for any costs involved in completing a formal interstate transfer.

Each division has discretion to use brokerage funding to assist a young person to relocate interstate.

 

Additional information

  • Attachment I - Conversion matrix for Victoria/Queensland Youth Justice Orders (intranet only) (78.5 KB, MS WORD)
  • Attachment II - Application for formal transfer of Youth Justice Orders (intranet only) (233.5 KB, MS WORD)