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.

Assistant Director / Manager Individual and Family Support

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.

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.