This procedure outlines representative supervision of youth justice clients from other states or territories.

 

When to use this procedure

When an interstate youth justice program requests Victorian supervision of a young person subject to an interstate court order.

 

What else you need to know

 

Practice context and legislation

  • A young person who is on a community-based order, or who has been granted parole, may request to move interstate.
  • Some young people may apply to the sentencing court to have their matter revoked or varied. Alternatively, supervision can be transferred to the state or territory where the young person wishes to move.
  • Moving interstate without youth justice permission can place a young person in breach of the conditions of their supervised order.          
  • Informal, reciprocal agreements between the states to supervise young people who move interstate are known as representative supervision. In these arrangements, legal and formal case management responsibilities remain with the state where the young person originally resided. The interstate jurisdiction provides supervision and support to the young person and provides written progress reports to the requesting area’s case manager.
  • The primary consideration is that a transfer is in the young person’s best interests. 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/carer or significant others live or intend to live. Young people may also request a transfer to another state for employment purposes. Access to family contact, support, employment and other services that promote positive reintegration into their own communities is an important part of the rehabilitation process for young offenders.
  • The processes contained in this procedure have been developed and agreed upon by all state and territory youth justice (and equivalent) directors under the Australasian Juvenile Justice Administrators (AJJA).
  • Queensland is the only Australian state to have formal interstate transfer arrangements with Victoria. For information on formal transfers to or from Queensland see the procedure for ‘Formal interstate transfers to Queensland’.
  • Sex offenders registered in the sending state must be registered in the receiving state.
 

Roles and key tasks

Case manager

  • Receive representative supervision case allocation from team leader.
  • Liaise with the interstate worker and receive relevant documentation and background information.
  • Send progress reports to the interstate worker as per agreed plan for communication.
  • Provide client supervision, and implement intervention as per client service plan.

Team leader / team manager

  • Discuss representative supervision with jurisdiction of origin and reach agreement on representative supervision and communication plan.
  • Receive requests for representative supervision from Youth Justice and Disability Forensic Unit, and allocate to case manager.
  • Provide consultation about client supervision and implementation of intervention, as required.
  • Conduct warnings if requested by jurisdiction of origin.

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

  • Consult in relation to appropriateness of representative supervision.
  • 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.

Assistant director, Youth Justice and Disability Forensic Unit

  • Confirm with receiving jurisdiction team leader or team manager that consultation has occurred and that provision of representative supervision is agreed to.
  • Endorse acceptance of request for representative supervision.
  • Forward signed request documentation to contact person of requesting jurisdiction and team leader or team manager of receiving jurisdiction.

 

 

The procedure in detail

Assessment of transfer request from another jurisdiction

Requests from other jurisdictions for Victoria to provide representative supervision of a young person on a children’s court order issued outside Victoria should be directed to the youth justice team leader or team manager, or other appropriate line manager, in the area where the young person will reside.

When agreed, the arrangement must be confirmed with director-to-director authorisation.

Make supervision arrangements and request client information from interstate worker

Team leader or team manager will liaise with the interstate worker to negotiate and clarify the supervision arrangements.

The youth justice worker negotiating the transfer should ensure agreement between the transferring states on a clear plan for ongoing communication.

The interstate jurisdiction may request a visit to the proposed accommodation option/placement provider to confirm the suitability of interstate living arrangements.

Once the supervision arrangements and communication plan are agreed to, these should be documented and provided to both parties, and included on the ‘Request for representative supervision’ form, along with any supporting information about the young person.

Documentation to support the transfer

As per the requirements for youth justice transferring a young person to another state or territory, the same documentation must be received for young people transferring to Victoria.

A ‘Request for representative supervision for community supervision’ form and ‘Request for representative supervision director’s letter’ must be sent by the interstate jurisdiction to the Assistant Director, Youth Justice and Disability Forensic Unit, once local agreements have been agreed between the two jurisdictions.

Once approved by the Assistant Director, signed documentation will be sent to the contact person of the requesting jurisdiction and the team leader or team manager of the receiving jurisdiction.

Case management / Client Relationship Information System (CRIS) requirements

In order to provide targeted and accountable case management to interstate clients, it is important to undertake the same CAP/VONIY process as with Victorian clients.

Entering a date in the ‘effective date’ box on the CRIS court order screen will automatically generate the CAP/VONIY process.

Follow instructions for entering interstate client details in CRIS and complete court appearance and court details as required.

Send reports to interstate worker

Throughout the period of the order, send progress reports to the interstate worker as agreed in communication plan.

Breach of order

If the young person is not complying or is in breach of their court order, the worker responsible for supervising the young person must provide written notification of the alleged breach to the interstate worker within seven days.

The decision to implement the warning process can be made by the interstate case manager.

The decision about the appropriate program to conduct the warning is to be made with the best interests of the young person in mind.

The interstate worker is responsible for the application of breach procedures in the jurisdiction where the court order was issued.

If the breach behaviour involves offending in Victoria, normal Victoria Police procedures would be carried out in relation to this.

 

Additional information

  • Request for representative supervision form template (intranet only)
  • Request for representative supervision director's request letter (intranet only)
  • AJJA Representative Supervision Guidelines (171.2 KB, PDF)
  • CRIS instructions for representative supervision (210.0 KB, MS Word)