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5
Case management responsibilities
Contents
Contents
Purpose
1. Case management responsibility
1.1 Young people who relocate outside of Queensland
2. Granting permission to travel interstate or overseas
3. Deciding when to transfer casework and case management responsibility
4. Transferring casework responsibility to another Queensland youth justice service
5. Transferring case management responsibility to another Queensland youth justice service
5.1 Action for non-compliance, variation and pre-sentence report requests underway prior to case management transfer
5.1.1 Non-compliance action and variations
5.1.2 Pre-sentence reports
6. Casework and case management responsibility for a young person in a youth detention centre
7. Young people residing interstate and sentenced to Queensland orders
7.1 Negotiating informal transfers when a young person moves from Queensland to another state during their supervised order
8. Negotiating an informal transfer to Queensland
9. Formal transfer of casework and case management responsibility to or from Victoria
9.1 Deciding whether to apply for a formal transfer from Queensland to Victoria
9.2 Issues for consideration
9.2.1 The type of order
9.2.2 The offence
9.2.3 Period of time to order expiry
9.2.4 The young person’s compliance with their order
9.2.5 The details of the young person’s relocation
9.2.6 Implications for the Child Protection (Offender Reporting) Act 2004 (CPORA) and the Victim Information Register
10. Requirements for formal transfer to proceed
11. Young people who relocate interstate prior to a formal transfer occurring
12. Process to formally transfer
13. Approval received from interstate agency for formal transfer to proceed
14. Negotiating a formal transfer from Victoria to Queensland
Purpose
To explain: who is responsible for managing a young person’s youth justice case the responsibilities of departmental officers when a young person moves within Queensland, or interstate or overseas during their supervised order; or moves from interstate to Queensland during their order.
1. Case management responsibility
While a young person is subject to a Queensland court-ordered intervention, their case is managed in Queensland by a caseworker in the youth justice service with coverage of the location where the young person normally resides or is temporarily located.
1.1 Young people who relocate outside of Queensland
If a young person residing in Queensland is charged with an offence and then relocates interstate prior to being sentenced, the youth justice service responsible for the location where the young person resided assumes case work and case management responsibility should the young person be sentenced to a supervised court order.
If the young person does not reside in Queensland and has no previous or ongoing ties to Queensland, but committed an offence in Queensland and is given a supervised court order, the youth justice service with coverage of the location where the young person offended, or committed the majority of the offences, assumes casework and case management responsibility for the young person.
In those circumstances where a young person has committed multiple offences across multiple locations, and does not reside in Queensland, the youth justice service where the court is located will take on case work and case management responsibility.
In both these instances the process of transferring casework and case management between as outlined further in this chapter still apply.
Casework is the day-to-day supervision of a young person who is subject to departmental intervention.
Case management is the overall responsibility for a young person’s case.
Scenarios:
For example, if a young person is on holidays visiting family in YJSC B’s area and breaks into a shop in YJSC A’s area, the youth justice service centre where the offence occurred would take on casework and case management i.e YJSC A. Further if the young person committed four offences in YJSC A’s area and a further one offence in YJSC C’s area, YJSC A would assume casework and case management.
If the young person during a trip to Queensland, committed numerous offences in YJSC A’s area as well as numerous offences within YJSC B’s area, and is brought before a court in YJSC D’s area, casework and case management for the young person would be the responsibility of YJSC D.
Situation and status of young person
Case Work
Case Management
Young person committed offences within the area that he normally resides or is temporarily located
YJSC where the young person resides
YJSC where the young person resides
Young person commits offences in different area to where he normally resides or is temporarily located
YJSC where the young person resides
YJSC where the young person resides
Young person commits an offence in an area where they temporarily resided but has moved interstate
YJSC where the young person was residing (even if temporarily)
YJSC where the young person was residing (even if temporarily)
Young person commits equal number of offences within numerous locations but is residing temporarily within area C
YJSC where the young person temporarily resides
YJSC where the young person temporarily resides
Young person commits an offence in area C but has not resided at all within Queensland
YJSC where the offence occurred
YJSC where the offence occurred
Young person commits numerous offences within numerous areas but has not resided in or has no known temporary residence in Queensland
2. Granting permission to travel interstate or overseas
During the course of a supervised order a young person may seek permission to travel interstate or overseas for a defined period of time. All travel interstate requires the approval of the youth justice service manager. All travel overseas requires regional director approval.
A young person’s placement on a supervised order does not automatically preclude them from travelling interstate or overseas. When considering a request to travel interstate or overseas, the youth justice service manager or regional director should take into account the factors listed below. Should an assessment of the young person and their situation indicate a manageable level of risk, permission to grant interstate or overseas travel should be considered.
Factors to consider when granting permission to travel interstate or overseas: the purpose of the planned trip whether the court was aware of the planned trip at the time of sentence the young person’s compliance with the order the young person’s ability to provide a detailed itinerary for their trip the young person’s ability to provide an interstate or overseas contact address and contact number the supervision arrangements for the young person while they are interstate or overseas. For example will the young person be supervised by a responsible adult? if the move is not permanent, whether the young person can provide evidence of a planned return (e.g. a return bus or plane ticket) stability of the young person the young person’s assessed risk level (for example is the young person a high risk sexual offender?) whether there are any conditions on the young person’s order that precludes them from traveling interstate or overseas whether there is an extra condition on the young person’s order that requires them to comply with the requirements of the order interstate whether the young person is subject to the Child Protection (Offender Reporting) Act 2004 whether the young person is subject to the Victim Information Register whether there are any outstanding court matters and if so, what arrangements will be made for the young person to return to Queensland for the required court appearances.
The length of time the young person will be interstate or overseas should also be considered. Where it is assessed that supervision of the young person cannot be maintained while they are interstate or overseas and/or the timeframe is lengthy, consideration should be given to an informal transfer of the order or a court application for discharge and resentence.
When making a decision to grant permission for interstate and overseas travel, youth justice service managers and regional directors should also take into account the following principles of the Youth Justice Act: that a young person should be dealt with a way that strengthens the young person’s family and gives the young person an opportunity to develop in responsible, beneficial and socially acceptable ways that a young person’s parent should be encouraged to fulfil their responsibility for the care and supervision of their child and are supported in their efforts to fulfil this responsibility a person making a decision relating to a young person should consider the young person’s age, maturity and, where appropriate, cultural and religious beliefs and practices.
A young person granted permission to travel interstate or overseas should be informed that failure to maintain contact with the youth justice service, as directed, or failure of the young person to return by the specified date may result in their travel permission being withdrawn and the breach process being initiated.
3. Deciding when to transfer casework and case management responsibility
Transferring casework and case management responsibility for a young person ensures the: young person continues to meet the conditions of their order department continues to meet its obligations to the young person and the court.
The best interests of the young person are the primary consideration when deciding to transfer casework and case management responsibilities.
Casework and/or case management responsibility for a young person may be transferred: between youth justice services within Queensland when a young person moves either temporarily or permanently to another youth justice service area to Victoria when a young person moves from Queensland to Victoria. Refer also to section 9 of this chapter.
Other than Victoria, another receiving state, territory or country may also agree to supervise the young person during their order on an informal basis.
4. Transferring casework responsibility to another Queensland youth justice service
If a young person moves either temporarily or permanently to another youth justice service area, the service with case management responsibility may transfer casework responsibility immediately.
Once requested, the receiving youth justice service must accept casework responsibility immediately if the young person is residing in their area.
Sending service caseworker responsibilities determines that the young person has moved considers if and where casework responsibility should be transferred to enable the young person to continue to comply with their order requirements discusses with the young person the possibility of transferring casework responsibility to another youth justice service meets with their team leader as soon as possible to discuss and gain agreement to transfer the casework.
Sending service team leader responsibilities telephones the receiving team leader to make initial contact and advise of the casework transfer provides them with a verbal summary of the young person’s case and details advises of any breach proceedings or formal warning process underway and negotiates that the receiving service will complete these, if necessary confirms the time and date when the young person will report to the receiving service and the details of who the young person should report to in the first instance faxes or scans and emails any relevant information (not contained in ICMS), for example the GEN 1 or the CSO 6.
Sending service caseworker responsibilities
Once the receiving service assumes casework responsibility, the caseworker: contacts the young person and their parent/s or carer to: notify them of the casework transfer and the reasons for the transfer advise details of the receiving youth justice service including the name of the person they must report to and the service’s address and telephone number introduces the receiving caseworker, if possible completes a young person summary, located in the transfer or case plan event of ICMS.
Receiving service team leader responsibilities checks the details of the young person in ICMS (including the young person summary) allocates casework responsibility to a caseworker to implement the case plan.
5. Transferring case management responsibility to another Queensland youth justice service
If a young person moves within Queensland to a location outside the boundary of their current youth justice service, casework and case management responsibility may be transferred to the youth justice service which services the young person’s new locality.
If the case plan indicates that the young person has no intention of returning to the sending youth justice service’s area, the receiving youth justice service must accept case management within the 4 week period, except if the following action is required: an outstanding pre-sentence report action for non-compliance a variation in the interests of justice.
Any program costs or court matter costs must be negotiated before case management is transferred.
If the two team leaders cannot agree on who should have case management responsibility, they must refer the matter to their youth justice service managers to resolve. If the managers cannot reach agreement on the transfer, they must refer the matter to their regional directors to resolve. In the matter of very complex cases (such as a high risk sexual offender, involving substantial financial costs) the decision to transfer and accept case management must be referred to both regional directors for approval.
Sending service caseworker responsibilities within 4 weeks of the young person’s move, considers if and where case management responsibility should be transferred to enable the young person to continue to comply with their order requirements meets with their team leader as soon as possible to discuss and gain agreement to transfer case management discusses with the young person the possibility of transferring case management responsibility to another office.
Sending service team leader responsibilities if agreed, telephones the receiving team leader to advise of the case management transfer
Sending service caseworker responsibilities ensures all information in ICMS about the young person is completed prepares a young person summary if one has not already been completed
Sending team leader responsibilities re-allocates the young person to the team leader of the receiving service on ICMS (refer also to Chapter 6, General case management issues) arranges for the case file to be sent to the receiving youth justice service.
5.1 Action for non-compliance, variation and pre-sentence report requests underway prior to case management transfer
5.1.1 Non-compliance action and variations
The sending and receiving youth justice services must work together if any breach or variation applications are undertaken during the transfer period to ensure that each service clearly understands their role in preparing material and taking action.
If the sending youth justice service had commenced informal or formal action for non-compliance or variation of a supervised order before the young person’s case management transfer, they must complete the informal or formal warning process or variation to the point of lodgement with a court.
If action for non-compliance or an application to vary an order was warranted but not commenced before the young person’s case was transferred, the sending service completes all outstanding action, as negotiated. 5.1.2 Pre-sentence reports
Usually the sending youth justice service completes any pre-sentence report ordered before a case is transferred. The receiving service advises the sending service of any suitable programs available in their area for inclusion in the report within the time requested. The program coordinator from the receiving service is responsible for preparing and providing the conditional release order program and intensive supervision order program in ICMS.
When a young person moves to another area shortly after a pre-sentence report is ordered, the sending and receiving team leaders must agree on who should prepare the report, considering: any existing casework relationship with the young person any orders to which the young person is currently subject any progress already made on the report. If the receiving service is to complete the report, the sending service must provide all appropriate information to the author. It may be necessary to request an extension of time to complete the report.
The sending and receiving team leaders may agree for a caseworker in either office to undertake interviews to prepare the pre-sentence report.
Usually the receiving youth justice service prepares a pre-sentence report ordered after the young person’s case management is transferred. The sending service may prepare relevant information and material for inclusion in the report.
6. Casework and case management responsibility for a young person in a youth detention centre
When a young person is held in a youth detention centre, they are allocated a caseworker from the youth detention centre and another from a youth justice service. The youth justice service caseworker takes case management responsibility.
For interstate young people with no previous or ongoing connection to Queensland, who have not resided either permanently or temporarily within Queensland prior to arrest, the youth justice service with coverage of the location where the young person offended has shared casework responsibility and overall case management responsibility.
The youth justice service and the detention centre caseworkers have separate casework responsibilities for the young person. They work together to develop a case plan covering their responsibilities to the young person.
Refer also to Chapter 24. Detention order and supervised release order.
7. Young people residing interstate and sentenced to Queensland orders
Legislation: Youth Justice Act, ss 193(3), 196(2), 204(3), 221(3)
Where a young person is sentenced to a Queensland order but resides interstate or moves permanently following a Queensland order being made, youth justice services should request transfer of casework responsibility to the relevant interstate (not including Victoria) service on an informal basis by completing a Request for Representative Supervision for Community Supervision form which is sent to the Deputy Director-General, Communities, Child Safety, Youth and Families.
In addition to an informal transfer, youth justice services must complete an application for variation in the interests of justice to seek an extra condition being placed on the order that requires the young person to comply with the order, including specific requirements, outside of the state. This is to occur prior to permission being granted for the young person to reside interstate to ensure continued enforceability of the order.
Given that other states and territories have no obligation to supervise a young person on a Queensland order, some requests to transfer may be declined. In this instance, it is advised that those young people residing close to the Queensland border are transported back to Queensland to facilitate their participation in programs.
If it is known at the time of sentence that the young person resides interstate, the court officer should discuss with defence the provisions in relation to certain orders that give the court a discretion to impose a condition that the child comply with a particular requirement outside the state. This matter can then be raised by defence for the court to consider or otherwise by the court officer.
To determine whether informal transfer is a possibility, enquiries about services that may be available interstate should commence prior to the young person being sentenced. A request for assistance in this process may be made by completing a Request for Representative Supervision for Community Supervision form and sending it to the Deputy Director-General, Communities, Child Safety, Youth and Families. Where services are not available interstate, the youth justice service will plan a program that is completely administered in Queensland, where possible.
Where the order cannot be administered in Queensland and the interstate agency cannot service the order on an informal basis, the court will be advised of the department’s limitations in respect of administering supervised orders, if they were to be made.
If the young person is residing or intends to reside in another country, the court must be informed that the department is unable to negotiate an informal transfer with another country and therefore the order could not be administered.
7.1 Negotiating informal transfers when a young person moves from Queensland to another state during their supervised order
Prior to a young person moving or visiting interstate or overseas, the young person must seek permission from the youth justice service to leave Queensland. The youth justice service manager must approve an interstate visit or move. Requests for informal transfers to another state/territory must be endorsed by the regional director and then progressed to the Deputy Director-General, Communities, Child Safety, Youth and Families for negotiation with the nominated jurisdiction.
Other states and territories have no obligation to supervise a young person on a Queensland order. If they do agree, only casework responsibilities can be transferred interstate on an informal basis only. The gaining state or territory has no power to take any action for a young person’s non-compliance with a Queensland order. The youth justice service retains overall case management responsibility for taking action for non-compliance. It is therefore important that action is taken to file an application for a variation in the interests of justice for the young person to comply with a specified requirement outside of the state (e.g. reporting) prior to their relocation.
Caseworker responsibilities
If a young person on a supervised order wishes to move interstate during their supervised order, the caseworker: advises the young person they must have written approval from the youth justice service manager before they can leave Queensland checks if the young person has any outstanding court matters prior to seeking approval obtains the consent of the young person to exchange information with the receiving state/territory, for the purpose of facilitating the transfer meets with the team leader as soon as possible to consider the details of the young person’s case including: the type of order the offence how long the order has left before expiry the young person’s compliance with their order the details of their move implications for Child Protection (Offender Reporting) Act (CPORA) and the Victim Information Register discusses with the team leader the case management options including negotiating to informally transfer casework responsibility to the new state or territory if the caseworker and team leader agree that supervision of the young person’s order should be informally transferred interstate, the caseworker: prepares a Request for Representative Supervision for Community Supervision form detailing information about the young person, their order and the informal supervision required (located on infonet) submits the Request for Representative Supervision for Community Supervision form through their team leader to the manager for approval. Once approved the manager will forward the request to the regional director the caseworker completes an application for variation in the interests of justice seeking an extra condition be placed on the order requiring the young person to comply with the requirements of the order outside of the state. Refer also to chapter 18. Applications for breaches and variations
Team leader responsibilities discusses with the youth justice service manager the case management options and written request to leave Queensland contacts the interstate service to advise of the pending request for informal supervision and to gain an “in principle” agreement that the interstate service will accept an informal transfer forwards to the manager the Request for Representative Supervision for Community Supervision form regarding informal transfer and permission letter to travel interstate quality assures the application for variation in the interests of justice.
Manager responsibilities approves the permission letter for interstate travel receives the Request for Representative Supervision for Community Supervision form requesting an informal interstate transfer once approved, sends the Request for Representative Supervision for Community Supervision Form to the Regional Director approves the application for variation in the interests of justice.
Regional Director responsibilities forwards all material including the Request for Representative Supervision for Community Supervision form to the Office of the Director, Youth Justice Policy Performance Programs and Practice advises the manager of the outcome of the interstate informal transfer request.
Office of the Director, Youth Justice Policy Performance Programs and Practice responsibilities receives the Request for Representative Supervision for Community Supervision form prepares a letter on behalf of the Deputy Director General requesting representative supervision to the receiving state representative forwards all material to the Deputy Director-General, Communities, Child Safety, Youth and Families advises the relevant regional director of the outcome.
Deputy Director-General, Communities, Child Safety, Youth and Families responsibilities receives all informal interstate transfer requests facilitates the informal transfer request with the interstate agency advises the Office of the Director, Youth Justice Policy Performance Programs and Practice of the outcome.
Office of the Director, Youth Justice Policy Performance Programs and Practice responsibilities forwards the response letter from the interstate agency to the Youth Justice Service Centre manager.
Team leader responsibilities
Once the informal transfer is accepted, the team leader: completes a case transfer summary and the interstate transfer form within the transfer event and submits to the manager for approval makes contact with the interstate team leader, ideally by telephone, to discuss the case and answer any questions the interstate agency may have about the young person and/or their order/s forwards the informal transfer documentation to the relevant state/territory.
Caseworker responsibilities
If the interstate agency agrees to supervise the young person’s order, the caseworker: contacts (by phone or home visit) the young person to advise the outcome of their request to leave Queensland provides the young person with a letter stating they have permission to leave the state signed by the manager advises the young person of the contact details of the interstate agency and the agreed arrangements for their supervision whilst interstate records in a case note and/or a case review form (if a review occurs prior to the young person leaving Queensland) the agreed arrangements for supervising and monitoring the young person’s compliance, as far as is practicable maintains regular contact with the interstate agency and periodic contact with the young person, as required, to monitor their progress and compliance. A case decision regarding the frequency and need for periodic contact with a young person residing interstate should be informed by the young person’s individual circumstances, the sentence imposed, the amount of contact occurring with any interstate service, and the assessed risks/needs. updates the young person’s case plan on a periodic basis.
Where the youth justice service is unable to administer an order and the relevant interstate service has declined a request for informal transfer post sentence, the youth justice service must consider making application to the court for variation or discharge or discharge and resentence in the interests of justice (this would only occur if the court was unaware that the order could not be administered at the time of sentence).
8. Negotiating an informal transfer to Queensland
If a young person wishes to move to Queensland while on an interstate order the interstate agency may request the relevant Queensland youth justice service provide assistance to supervise the young person while in Queensland. The interstate agency must negotiate their request with the Deputy Director-General, Communities, Child Safety, Youth and Families.
Deputy Director-General, Communities, Child Safety, Youth and Families responsibilities receives the request to informally transfer to Queensland from the interstate agency forwards a copy of the Request for Representative Supervision for Community Supervision form to the relevant regional director via the Office of the Director, Youth Justice Policy, Performance, Programs and Practice signs the Request for Representative Supervision for Community Supervision form if the request is granted advises the interstate agency of the outcome.
Office of the Director, Youth Justice Policy Performance Programs and Practice responsibilities receive the Request for Representative Supervision for Community Supervision form from the Deputy Director-General, Communities, Child Safety, Youth and Families prepares a correspondence for the Deputy Director-General, Communities, Child Safety, Youth and Families to reply to the requesting state.
Regional Director responsibilities forwards the Request for Representative Supervision for Community Supervision form to the youth justice manager liaises with the Deputy Director-General, Communities, Child Safety, Youth and Families, regarding the youth justice service’s capacity to service the order and any other information required from the interstate agency to inform the decision.
Manager responsibilities reviews the request for informal transfer provides advice to their regional director regarding the service’s capacity to accept or decline the request if accepted, advises the team leader.
Team leader responsibilities receives the Request for Representative Supervision for Community Supervision form from the interstate agency (from the manager) contacts the transferring interstate agency to request any further information about the young person to enable the Queensland youth justice service to supervise the young person including negotiating case plan activities and reporting arrangements to be undertaken by the youth justice service creates a young person profile in ICMS from the orders tab, selects “informal supervision” order allocates casework responsibility.
As a guide, the service provided to an interstate young person is consistent with the service provided to a young person on a Queensland supervised order.
The youth justice service manager must approve the supervision of the interstate young person. This approval is subject to negotiations by the Deputy Director-General, Communities, Child Safety, Youth and Families with the transferring jurisdiction.
The Queensland youth justice service has no power to take any action for a young person’s non-compliance with an interstate order. The interstate agency retains overall case management responsibility including responsibility for monitoring compliance and taking any action for non-compliance.
9. Formal transfer of casework and case management responsibility to or from Victoria
Legislation: Young Offenders (Interstate Transfer) Act
Reference: Interstate Transfer Arrangements: Victoria
If a young person intends to move to Victoria, or from Victoria to Queensland, during their supervised order, casework and case management responsibilities may be transferred to or from Victoria. This occurs through a conversion of comparable orders from each state.
The primary consideration for an interstate transfer is that the transfer shall be in the young person's best interests. A young person should be substantially no worse or better off as a result of the transfer and their consent to the transfer is mandatory, except in exceptional circumstances.
Consideration for transfer should occur when: the young person is absent from their home state the young person’s parent/s or carer plan to move interstate other close relatives of the young person live interstate
If a young person moves between Queensland and Victoria, there is a capacity for the respective department to assume statutory responsibility for these orders. Breach or variation action can then be taken against the order under the relevant legislation in Queensland or Victoria.
From the time a young person arrives in Victoria under a formal transfer arrangement, any sentence imposed on, or ordered before that time, ceases to have effect in Queensland except in relation to: any period of detention served by the young person before that time any part of the order carried out in respect of the young person before that time an order for a fine, compensation, restitution or costs the young person has failed to pay.
From the time a young person arrives in Queensland under a formal transfer arrangement, any sentence imposed on, or order made in relation to the young person, operates as an order under the Queensland Youth Justice Act.
If there is information present to suggest the young person’s relocation may not be permanent, then an informal transfer may be negotiated between the states and the sending state would retain case management and statutory responsibility for the young person.
9.1 Deciding whether to apply for a formal transfer from Queensland to Victoria
Caseworker responsibilities
If a young person on a supervised order expresses intent to move to Victoria the caseworker: advises the young person they must have written approval from the youth justice service manager before they can leave Queensland checks if the young person has any outstanding court matters prior to seeking approval including whether there is an appeal or sentence review pending against an order that the young person is subject obtains the consent of the young person to exchange information with the receiving state, for the purpose of facilitating a transfer identifies any issues that may impact the transfer and meets with the team leader to discuss these.
9.2 Issues for consideration
Issues that should be considered prior to seeking approval for an order to be formally transferred interstate includes:
9.2.1 The type of order
Sentencing options for young people differ across Australia. As such not all Queensland youth justice orders are able to be formally transferred interstate. When considering a formal transfer, caseworkers and team leaders must confirm that the youth justice order/s can be converted to an order of similar intent in the receiving state. This may occur by consulting the relevant conversion matrix or contacting the Youth Justice Services Practice Support Unit.
Where the order/s has special conditions attached which cannot be completed prior to transfer, the youth justice service must establish that the condition(s) can be met by the young person while they are located in the receiving state. This will require the sending youth justice service to make contact with the proposed interstate office to determine services and agencies, for example, drug and alcohol counselling or psychiatric services, that may be accessed by the young person to fulfil any special conditions of their order/s.
To ensure adequate consideration and planning is given to the transfer of custodial order/s, including escort arrangements, the youth justice case worker will liaise with youth detention case worker to obtain information about the young person and their custodial order.
9.2.2 The offence
The youth justice service must consider the type of offence/s for which the young person was sentenced. The gravity of serious offence/s and recidivist behaviour must be considered when determining if formal transfer of the order/s is in the young person’s best interests. While the commission of serious offence/s by a young person is not grounds for a refusal to accept formal transfer of an order/s in isolation, a young person’s involvement in serious and/or persistent offending behaviour may indicate a need for increased services and supervision in the receiving state. To enable formal transfer to occur, the youth justice service must be satisfied that the order/s can be adequately serviced in the receiving state, given the young person’s involvement in repeat and serious offending behaviour.
9.2.3 Period of time to order expiry
The younth justice service must be satisfied that the youth justice order/s is still of adequate duration that the specified requirements of the order can be adequately met. For example, the youth justice service must be satisfied that outstanding community service hours can be completed prior to the order expiring or special conditions can be fulfilled. Where this is not the case, consideration should be given to the completion of a variation by consent to extend the order duration (for community service orders) or where appropriate making application for variation in the interests of justice. Such actions must occur prior to the completion of an Application for Formal Transfer of a Youth Justice Order.
In addition to ensuring requirements can be fulfilled prior to order expiry, the youth justice service must also be satisfied that the order/s is of sufficient duration that the decision for formal transfer is in the young person’s best interests. Orders of less than three (3) months to expiry should not be considered for formal transfer. Alternatively, the youth justice service should consider informal transfer of the order/s to the relevant state. Should this occur, a variation in the interests of justice must be sought to place an extra requirement on the order that the young person comply with supervision requirements outside of the state. Refer to Chapter 18 Applications and variations.
9.2.4 The young person’s compliance with their order
The young person’s compliance with the order/s must be considered prior to making Application for Formal Transfer of a Youth Justice Order. Where it is identified that a young person has been or is currently non-compliant with order requirements, breach action must be considered. This may include issuing the young person with a formal warning or completing an application for contravention. Should an application for contravention be filed, this matter must be finalised prior to the young person relocating and/or making application for formal transfer.
9.2.5 The details of the young person’s relocation
To determine whether formal transfer of the order/s is in the young person’s best interests, the youth justice service must seek and confirm adequate details regarding the young person’s relocation. These details include the purpose for the relocation, the young person’s accommodation arrangements and the young person’s plans once they are settled interstate. If it is clear that the young person is unlikely to permanently settle interstate, informal, rather than formal transfer should be considered, in addition to seeking a variation of the order in the interests of justice seeking an extra requirement that the young person comply with supervision requirements outside of the state.
9.2.6 Implications for the Child Protection (Offender Reporting) Act 2004 (CPORA) and the Victim Information Register
The youth justice service must determine whether the young person is subject to the Child Protection Offender Register and/or the Victim Information Register. Each supporting piece of legislation requires the young person and/or the department to advise other agencies or persons (e.g. victims) of a young person’s relocation/travel outside of the state and other particular events relevant to the young person. The youth justice service must ensure legislated provisions are not impacted by the young person’s relocation and formal transfer of the order/s. The youth justice service must also be satisfied that adequate arrangements can be negotiated with the receiving state to ensure ongoing compliance with each piece of legislation.
10. Requirements for formal transfer to proceed
The young person’s consent for formal transfer should be established prior to formalising a decision to transfer an order interstate. If it is determined, following consideration of the above factors that formal transfer would be in the young person’s best interests, in principle agreement should be sought.
Team leader responsibilities liaise with the Youth Justice Services Practice Support Unit to: confirm whether the young person’s order/s is transferable obtain details of the relevant interstate legislation and the equivalent interstate order/s
Youth Justice Service Manager responsibilities make contact with the relevant interstate office to establish availability of required services to enable the young person’s compliance with order requirements and receive ‘in principle’ support to proceed with the transfer.
11. Young people who relocate interstate prior to a formal transfer occurring
On occasion young people may relocate interstate prior to a formal transfer occurring. In these situations, the youth justice caseworker will meet with the team leader as soon as possible to consider the details of the young person’s case. Where it is determined that a formal transfer of the order is appropriate, the caseworker will discuss this option with the young person and their parent/carer. Once consent is obtained from the young person and their parent/s or carer (this may be received in a letter/fax from the young person and their parent/carer) the caseworker will commence the process for formal transfer (refer to section 14).
To ensure appropriate supervision of the young person occurs while the formal transfer process is being finalised, the caseworker will discuss with the team leader the possibility of seeking an informal transfer of casework responsibilities to the receiving state. Where a decision is made to pursue an informal transfer, the team leader must ensure an application to vary the order in the interests of justice is completed by the caseworker. The application should seek an extra condition on the order that the young person comply with the requirements of the order outside of the state. Refer to Chapter 18 Applications for breaches and variations.
Where an interstate service has accepted informal case work responsibility, information may be requested and obtained from the interstate officer to inform the Application for Formal Transfer of a Youth Justice Order form (located on infonet). Such information may include a request that the interstate officer conduct a home visit to confirm living arrangements.
Caseworker responsibilities drafts and approval letter for the manager granting permission for the young person to travel interstate prepares an application for variation in the interests of justice
Team leader responsibilities reviews the letter granting permission to travel interstate and forwards to the manager for signing quality assures the application for variation in the interests of justice.
Manager responsibilities reviews and signs the letter granting permission to travel interstate reviews and approves the application for variation in the interests of justice.
12. Process to formally transfer
Caseworker responsibilities
Once a decision is made to formally transfer an order/s interstate, the youth justice caseworker will: discuss with the young person and their parent/s or carer the process for formal transfer interstate provide the young person with a letter signed by the youth justice services manager stating they have permission to leave the state undertake interviews with the young person and their parent/carer to obtain details of the young person’s relocation, proposed accommodation including details of all adults residing in the proposed accommodation and the young person’s plans in regards to education, training and employment record the views and attitudes of the young person and their parent/s or carer towards the transfer where the young person and their parent/s or carer wish to receive legal advice regarding the implications of a formal transfer, arrange for the young person and their parent/s or carer to receive independent legal advice finalise the young person’s case plan, including completion of the YLS/CMI risk/needs assessment tool complete the Application for Formal Transfer of a Youth Justice Order form which includes the Background Report and Statement of Arrangements (located on infonet) obtain the signatures of the young person and, where possible, their parent/carer on the completed Application for Formal Transfer of a Youth Justice Order form submit the form to their team leader for review and support.
Team leader responsibilities review the information contained in the Application for Formal Transfer of a Youth Justice Order form if agreeable, support the Application for Formal Transfer of a Youth Justice Order form submit the Application for Formal Transfer of a Youth Justice Order form to the youth justice service manager for endorsement.
Youth Justice Service Manager responsibilities make contact with the relevant youth justice unit regional manager and receive ‘in principle’ interstate support to proceed with the formal transfer. During negotiation, obtain details of the young person’s initial meeting with the relevant interstate office provide these details to the team leader, for inclusion in the Application for Formal Transfer of a Youth Justice Order form review the information contained in the Application for Formal Transfer of a Youth Justice Order form if agreeable, endorse the application submit the application to the Regional Director for approval.
Regional Director Responsibilities review the information contained in the Application for Formal Transfer of a Youth Justice Order form if agreeable, approve the application by signing the Statement of Arrangements send the form to the interstate office manager and request that the interstate service arrange for the appropriately delegated officer to counter-sign the Statement of Arrangements and Authority for Formal Transfer form and return the form to Queensland receive the signed Statement of Arrangements and Authority for Formal Transfer form and forward to the youth justice service manager.
13. Approval received from interstate agency for formal transfer to proceed
Caseworker responsibilities
Following receipt of the signed Statement of Arrangements and Authority for Formal Transfer form: contact (by phone or home visit) the young person to advise them of the outcome of the formal transfer of their order and reporting or custody/transfer arrangements fax a copy of the signed Statement of Arrangements and Authority for Formal Transfer form to the Data Management Unit file a copy of the Statement of Arrangements and Authority for Formal Transfer form on the young person’s paper file ensure all documentation is complete including a case closure form in ICMS provide the files to the team leader.
Team leader responsibilities close the order/s in the orders tab of ICMS by inputting the end reason as ”transfer to Victoria” approve the case closure form in ICMS ensure all documentation is filed correctly if the young person is subject to the Child Protection Offender Register and/or Victim Information Register, complete the necessary requirement to notify agencies and other relevant people (e.g. victims). This will include liaison with the Youth Justice Services Practice Support Unit. forward copies of relevant information from the file such as assessments, case plan and pre-sentence reports to the receiving Victoria manager.
14. Negotiating a formal transfer from Victoria to Queensland
If a young person wishes to move to Queensland while on a Victorian order, the Victorian service may request formal transfer to Queensland. All Victorian requests for formal transfer are forwarded to the regional director responsible for the region where the young person will reside.
Regional director responsibilities
Upon receipt of the formal written request for transfer, the regional director, in consultation with the Youth Justice Services Practice Support Unit: determines the equivalent order that could apply in Queensland forwards the request to the youth justice services manager for review.
Youth justice service manager responsibilities discusses the transfer request with the team leader advises the regional director of the outcomes of interviews undertaken.
Team leader responsibilities where the young person and their parent/s or carer resides in Queensland, arranges an interview with them to discuss their attitude to the formal transfer request advises the youth justice service manager of the outcome of the interview and their recommendation regarding the transfer request.
If an “In Principle” agreement is made in relation to accepting the transfer, Victoria must be advised of the appropriateness and feasibility of the transfer and the details of the order and conditions to which the young person would be subject upon transfer to Queensland.
Should Victoria decide to proceed with transfer, they will forward a completed Statement of Arrangements and Authority for Formal Transfer form to the regional director for counter-signing and return to Victoria. A copy of the Statement of Arrangements and Authority for Formal Transfer form is forwarded to Data Management Unit.
Team leader responsibilities receives the signed Statement of Arrangements and Authority for Formal Transfer form from Victoria scans and attaches the signed Statement of Arrangements and Authority for Formal Transfer form to ICMS creates the young person in ICMS adds the relevant equivalent Queensland order/s in the orders tab of ICMS, if the order is a custodial order, emails DMU details of the transfer to DMU to enable order creation in ICMS allocates case management responsibility.
Case management responsibilities
Contents
Contents
Purpose
1. Case management responsibility
1.1 Young people who relocate outside of Queensland
2. Granting permission to travel interstate or overseas
3. Deciding when to transfer casework and case management responsibility
4. Transferring casework responsibility to another Queensland youth justice service
5. Transferring case management responsibility to another Queensland youth justice service
5.1 Action for non-compliance, variation and pre-sentence report requests underway prior to case management transfer
5.1.1 Non-compliance action and variations
5.1.2 Pre-sentence reports
6. Casework and case management responsibility for a young person in a youth detention centre
7. Young people residing interstate and sentenced to Queensland orders
7.1 Negotiating informal transfers when a young person moves from Queensland to another state during their supervised order
8. Negotiating an informal transfer to Queensland
9. Formal transfer of casework and case management responsibility to or from Victoria
9.1 Deciding whether to apply for a formal transfer from Queensland to Victoria
9.2 Issues for consideration
9.2.1 The type of order
9.2.2 The offence
9.2.3 Period of time to order expiry
9.2.4 The young person’s compliance with their order
9.2.5 The details of the young person’s relocation
9.2.6 Implications for the Child Protection (Offender Reporting) Act 2004 (CPORA) and the Victim Information Register
10. Requirements for formal transfer to proceed
11. Young people who relocate interstate prior to a formal transfer occurring
12. Process to formally transfer
13. Approval received from interstate agency for formal transfer to proceed
14. Negotiating a formal transfer from Victoria to Queensland
Purpose
To explain: who is responsible for managing a young person’s youth justice case the responsibilities of departmental officers when a young person moves within Queensland, or interstate or overseas during their supervised order; or moves from interstate to Queensland during their order.
1. Case management responsibility
While a young person is subject to a Queensland court-ordered intervention, their case is managed in Queensland by a caseworker in the youth justice service with coverage of the location where the young person normally resides or is temporarily located.
1.1 Young people who relocate outside of Queensland
If a young person residing in Queensland is charged with an offence and then relocates interstate prior to being sentenced, the youth justice service responsible for the location where the young person resided assumes case work and case management responsibility should the young person be sentenced to a supervised court order.
If the young person does not reside in Queensland and has no previous or ongoing ties to Queensland, but committed an offence in Queensland and is given a supervised court order, the youth justice service with coverage of the location where the young person offended, or committed the majority of the offences, assumes casework and case management responsibility for the young person.
In those circumstances where a young person has committed multiple offences across multiple locations, and does not reside in Queensland, the youth justice service where the court is located will take on case work and case management responsibility.
In both these instances the process of transferring casework and case management between as outlined further in this chapter still apply.
Casework is the day-to-day supervision of a young person who is subject to departmental intervention.
Case management is the overall responsibility for a young person’s case.
Scenarios:
For example, if a young person is on holidays visiting family in YJSC B’s area and breaks into a shop in YJSC A’s area, the youth justice service centre where the offence occurred would take on casework and case management i.e YJSC A. Further if the young person committed four offences in YJSC A’s area and a further one offence in YJSC C’s area, YJSC A would assume casework and case management.
If the young person during a trip to Queensland, committed numerous offences in YJSC A’s area as well as numerous offences within YJSC B’s area, and is brought before a court in YJSC D’s area, casework and case management for the young person would be the responsibility of YJSC D.
Situation and status of young person
Case Work
Case Management
Young person committed offences within the area that he normally resides or is temporarily located
YJSC where the young person resides
YJSC where the young person resides
Young person commits offences in different area to where he normally resides or is temporarily located
YJSC where the young person resides
YJSC where the young person resides
Young person commits an offence in an area where they temporarily resided but has moved interstate
YJSC where the young person was residing (even if temporarily)
YJSC where the young person was residing (even if temporarily)
Young person commits equal number of offences within numerous locations but is residing temporarily within area C
YJSC where the young person temporarily resides
YJSC where the young person temporarily resides
Young person commits an offence in area C but has not resided at all within Queensland
YJSC where the offence occurred
YJSC where the offence occurred
Young person commits numerous offences within numerous areas but has not resided in or has no known temporary residence in Queensland
2. Granting permission to travel interstate or overseas
During the course of a supervised order a young person may seek permission to travel interstate or overseas for a defined period of time. All travel interstate requires the approval of the youth justice service manager. All travel overseas requires regional director approval.
A young person’s placement on a supervised order does not automatically preclude them from travelling interstate or overseas. When considering a request to travel interstate or overseas, the youth justice service manager or regional director should take into account the factors listed below. Should an assessment of the young person and their situation indicate a manageable level of risk, permission to grant interstate or overseas travel should be considered.
Factors to consider when granting permission to travel interstate or overseas: the purpose of the planned trip whether the court was aware of the planned trip at the time of sentence the young person’s compliance with the order the young person’s ability to provide a detailed itinerary for their trip the young person’s ability to provide an interstate or overseas contact address and contact number the supervision arrangements for the young person while they are interstate or overseas. For example will the young person be supervised by a responsible adult? if the move is not permanent, whether the young person can provide evidence of a planned return (e.g. a return bus or plane ticket) stability of the young person the young person’s assessed risk level (for example is the young person a high risk sexual offender?) whether there are any conditions on the young person’s order that precludes them from traveling interstate or overseas whether there is an extra condition on the young person’s order that requires them to comply with the requirements of the order interstate whether the young person is subject to the Child Protection (Offender Reporting) Act 2004 whether the young person is subject to the Victim Information Register whether there are any outstanding court matters and if so, what arrangements will be made for the young person to return to Queensland for the required court appearances.
The length of time the young person will be interstate or overseas should also be considered. Where it is assessed that supervision of the young person cannot be maintained while they are interstate or overseas and/or the timeframe is lengthy, consideration should be given to an informal transfer of the order or a court application for discharge and resentence.
When making a decision to grant permission for interstate and overseas travel, youth justice service managers and regional directors should also take into account the following principles of the Youth Justice Act: that a young person should be dealt with a way that strengthens the young person’s family and gives the young person an opportunity to develop in responsible, beneficial and socially acceptable ways that a young person’s parent should be encouraged to fulfil their responsibility for the care and supervision of their child and are supported in their efforts to fulfil this responsibility a person making a decision relating to a young person should consider the young person’s age, maturity and, where appropriate, cultural and religious beliefs and practices.
A young person granted permission to travel interstate or overseas should be informed that failure to maintain contact with the youth justice service, as directed, or failure of the young person to return by the specified date may result in their travel permission being withdrawn and the breach process being initiated.
3. Deciding when to transfer casework and case management responsibility
Transferring casework and case management responsibility for a young person ensures the: young person continues to meet the conditions of their order department continues to meet its obligations to the young person and the court.
The best interests of the young person are the primary consideration when deciding to transfer casework and case management responsibilities.
Casework and/or case management responsibility for a young person may be transferred: between youth justice services within Queensland when a young person moves either temporarily or permanently to another youth justice service area to Victoria when a young person moves from Queensland to Victoria. Refer also to section 9 of this chapter.
Other than Victoria, another receiving state, territory or country may also agree to supervise the young person during their order on an informal basis.
4. Transferring casework responsibility to another Queensland youth justice service
If a young person moves either temporarily or permanently to another youth justice service area, the service with case management responsibility may transfer casework responsibility immediately.
Once requested, the receiving youth justice service must accept casework responsibility immediately if the young person is residing in their area.
Sending service caseworker responsibilities determines that the young person has moved considers if and where casework responsibility should be transferred to enable the young person to continue to comply with their order requirements discusses with the young person the possibility of transferring casework responsibility to another youth justice service meets with their team leader as soon as possible to discuss and gain agreement to transfer the casework.
Sending service team leader responsibilities telephones the receiving team leader to make initial contact and advise of the casework transfer provides them with a verbal summary of the young person’s case and details advises of any breach proceedings or formal warning process underway and negotiates that the receiving service will complete these, if necessary confirms the time and date when the young person will report to the receiving service and the details of who the young person should report to in the first instance faxes or scans and emails any relevant information (not contained in ICMS), for example the GEN 1 or the CSO 6.
Sending service caseworker responsibilities
Once the receiving service assumes casework responsibility, the caseworker: contacts the young person and their parent/s or carer to: notify them of the casework transfer and the reasons for the transfer advise details of the receiving youth justice service including the name of the person they must report to and the service’s address and telephone number introduces the receiving caseworker, if possible completes a young person summary, located in the transfer or case plan event of ICMS.
Receiving service team leader responsibilities checks the details of the young person in ICMS (including the young person summary) allocates casework responsibility to a caseworker to implement the case plan.
5. Transferring case management responsibility to another Queensland youth justice service
If a young person moves within Queensland to a location outside the boundary of their current youth justice service, casework and case management responsibility may be transferred to the youth justice service which services the young person’s new locality.
If the case plan indicates that the young person has no intention of returning to the sending youth justice service’s area, the receiving youth justice service must accept case management within the 4 week period, except if the following action is required: an outstanding pre-sentence report action for non-compliance a variation in the interests of justice.
Any program costs or court matter costs must be negotiated before case management is transferred.
If the two team leaders cannot agree on who should have case management responsibility, they must refer the matter to their youth justice service managers to resolve. If the managers cannot reach agreement on the transfer, they must refer the matter to their regional directors to resolve. In the matter of very complex cases (such as a high risk sexual offender, involving substantial financial costs) the decision to transfer and accept case management must be referred to both regional directors for approval.
Sending service caseworker responsibilities within 4 weeks of the young person’s move, considers if and where case management responsibility should be transferred to enable the young person to continue to comply with their order requirements meets with their team leader as soon as possible to discuss and gain agreement to transfer case management discusses with the young person the possibility of transferring case management responsibility to another office.
Sending service team leader responsibilities if agreed, telephones the receiving team leader to advise of the case management transfer
Sending service caseworker responsibilities ensures all information in ICMS about the young person is completed prepares a young person summary if one has not already been completed
Sending team leader responsibilities re-allocates the young person to the team leader of the receiving service on ICMS (refer also to Chapter 6, General case management issues) arranges for the case file to be sent to the receiving youth justice service.
5.1 Action for non-compliance, variation and pre-sentence report requests underway prior to case management transfer
5.1.1 Non-compliance action and variations
The sending and receiving youth justice services must work together if any breach or variation applications are undertaken during the transfer period to ensure that each service clearly understands their role in preparing material and taking action.
If the sending youth justice service had commenced informal or formal action for non-compliance or variation of a supervised order before the young person’s case management transfer, they must complete the informal or formal warning process or variation to the point of lodgement with a court.
If action for non-compliance or an application to vary an order was warranted but not commenced before the young person’s case was transferred, the sending service completes all outstanding action, as negotiated. 5.1.2 Pre-sentence reports
Usually the sending youth justice service completes any pre-sentence report ordered before a case is transferred. The receiving service advises the sending service of any suitable programs available in their area for inclusion in the report within the time requested. The program coordinator from the receiving service is responsible for preparing and providing the conditional release order program and intensive supervision order program in ICMS.
When a young person moves to another area shortly after a pre-sentence report is ordered, the sending and receiving team leaders must agree on who should prepare the report, considering: any existing casework relationship with the young person any orders to which the young person is currently subject any progress already made on the report. If the receiving service is to complete the report, the sending service must provide all appropriate information to the author. It may be necessary to request an extension of time to complete the report.
The sending and receiving team leaders may agree for a caseworker in either office to undertake interviews to prepare the pre-sentence report.
Usually the receiving youth justice service prepares a pre-sentence report ordered after the young person’s case management is transferred. The sending service may prepare relevant information and material for inclusion in the report.
6. Casework and case management responsibility for a young person in a youth detention centre
When a young person is held in a youth detention centre, they are allocated a caseworker from the youth detention centre and another from a youth justice service. The youth justice service caseworker takes case management responsibility.
For interstate young people with no previous or ongoing connection to Queensland, who have not resided either permanently or temporarily within Queensland prior to arrest, the youth justice service with coverage of the location where the young person offended has shared casework responsibility and overall case management responsibility.
The youth justice service and the detention centre caseworkers have separate casework responsibilities for the young person. They work together to develop a case plan covering their responsibilities to the young person.
Refer also to Chapter 24. Detention order and supervised release order.
7. Young people residing interstate and sentenced to Queensland orders
Legislation: Youth Justice Act, ss 193(3), 196(2), 204(3), 221(3)
Where a young person is sentenced to a Queensland order but resides interstate or moves permanently following a Queensland order being made, youth justice services should request transfer of casework responsibility to the relevant interstate (not including Victoria) service on an informal basis by completing a Request for Representative Supervision for Community Supervision form which is sent to the Deputy Director-General, Communities, Child Safety, Youth and Families.
In addition to an informal transfer, youth justice services must complete an application for variation in the interests of justice to seek an extra condition being placed on the order that requires the young person to comply with the order, including specific requirements, outside of the state. This is to occur prior to permission being granted for the young person to reside interstate to ensure continued enforceability of the order.
Given that other states and territories have no obligation to supervise a young person on a Queensland order, some requests to transfer may be declined. In this instance, it is advised that those young people residing close to the Queensland border are transported back to Queensland to facilitate their participation in programs.
If it is known at the time of sentence that the young person resides interstate, the court officer should discuss with defence the provisions in relation to certain orders that give the court a discretion to impose a condition that the child comply with a particular requirement outside the state. This matter can then be raised by defence for the court to consider or otherwise by the court officer.
To determine whether informal transfer is a possibility, enquiries about services that may be available interstate should commence prior to the young person being sentenced. A request for assistance in this process may be made by completing a Request for Representative Supervision for Community Supervision form and sending it to the Deputy Director-General, Communities, Child Safety, Youth and Families. Where services are not available interstate, the youth justice service will plan a program that is completely administered in Queensland, where possible.
Where the order cannot be administered in Queensland and the interstate agency cannot service the order on an informal basis, the court will be advised of the department’s limitations in respect of administering supervised orders, if they were to be made.
If the young person is residing or intends to reside in another country, the court must be informed that the department is unable to negotiate an informal transfer with another country and therefore the order could not be administered.
7.1 Negotiating informal transfers when a young person moves from Queensland to another state during their supervised order
Prior to a young person moving or visiting interstate or overseas, the young person must seek permission from the youth justice service to leave Queensland. The youth justice service manager must approve an interstate visit or move. Requests for informal transfers to another state/territory must be endorsed by the regional director and then progressed to the Deputy Director-General, Communities, Child Safety, Youth and Families for negotiation with the nominated jurisdiction.
Other states and territories have no obligation to supervise a young person on a Queensland order. If they do agree, only casework responsibilities can be transferred interstate on an informal basis only. The gaining state or territory has no power to take any action for a young person’s non-compliance with a Queensland order. The youth justice service retains overall case management responsibility for taking action for non-compliance. It is therefore important that action is taken to file an application for a variation in the interests of justice for the young person to comply with a specified requirement outside of the state (e.g. reporting) prior to their relocation.
Caseworker responsibilities
If a young person on a supervised order wishes to move interstate during their supervised order, the caseworker: advises the young person they must have written approval from the youth justice service manager before they can leave Queensland checks if the young person has any outstanding court matters prior to seeking approval obtains the consent of the young person to exchange information with the receiving state/territory, for the purpose of facilitating the transfer meets with the team leader as soon as possible to consider the details of the young person’s case including: the type of order the offence how long the order has left before expiry the young person’s compliance with their order the details of their move implications for Child Protection (Offender Reporting) Act (CPORA) and the Victim Information Register discusses with the team leader the case management options including negotiating to informally transfer casework responsibility to the new state or territory if the caseworker and team leader agree that supervision of the young person’s order should be informally transferred interstate, the caseworker: prepares a Request for Representative Supervision for Community Supervision form detailing information about the young person, their order and the informal supervision required (located on infonet) submits the Request for Representative Supervision for Community Supervision form through their team leader to the manager for approval. Once approved the manager will forward the request to the regional director the caseworker completes an application for variation in the interests of justice seeking an extra condition be placed on the order requiring the young person to comply with the requirements of the order outside of the state. Refer also to chapter 18. Applications for breaches and variations
Team leader responsibilities discusses with the youth justice service manager the case management options and written request to leave Queensland contacts the interstate service to advise of the pending request for informal supervision and to gain an “in principle” agreement that the interstate service will accept an informal transfer forwards to the manager the Request for Representative Supervision for Community Supervision form regarding informal transfer and permission letter to travel interstate quality assures the application for variation in the interests of justice.
Manager responsibilities approves the permission letter for interstate travel receives the Request for Representative Supervision for Community Supervision form requesting an informal interstate transfer once approved, sends the Request for Representative Supervision for Community Supervision Form to the Regional Director approves the application for variation in the interests of justice.
Regional Director responsibilities forwards all material including the Request for Representative Supervision for Community Supervision form to the Office of the Director, Youth Justice Policy Performance Programs and Practice advises the manager of the outcome of the interstate informal transfer request.
Office of the Director, Youth Justice Policy Performance Programs and Practice responsibilities receives the Request for Representative Supervision for Community Supervision form prepares a letter on behalf of the Deputy Director General requesting representative supervision to the receiving state representative forwards all material to the Deputy Director-General, Communities, Child Safety, Youth and Families advises the relevant regional director of the outcome.
Deputy Director-General, Communities, Child Safety, Youth and Families responsibilities receives all informal interstate transfer requests facilitates the informal transfer request with the interstate agency advises the Office of the Director, Youth Justice Policy Performance Programs and Practice of the outcome.
Office of the Director, Youth Justice Policy Performance Programs and Practice responsibilities forwards the response letter from the interstate agency to the Youth Justice Service Centre manager.
Team leader responsibilities
Once the informal transfer is accepted, the team leader: completes a case transfer summary and the interstate transfer form within the transfer event and submits to the manager for approval makes contact with the interstate team leader, ideally by telephone, to discuss the case and answer any questions the interstate agency may have about the young person and/or their order/s forwards the informal transfer documentation to the relevant state/territory.
Caseworker responsibilities
If the interstate agency agrees to supervise the young person’s order, the caseworker: contacts (by phone or home visit) the young person to advise the outcome of their request to leave Queensland provides the young person with a letter stating they have permission to leave the state signed by the manager advises the young person of the contact details of the interstate agency and the agreed arrangements for their supervision whilst interstate records in a case note and/or a case review form (if a review occurs prior to the young person leaving Queensland) the agreed arrangements for supervising and monitoring the young person’s compliance, as far as is practicable maintains regular contact with the interstate agency and periodic contact with the young person, as required, to monitor their progress and compliance. A case decision regarding the frequency and need for periodic contact with a young person residing interstate should be informed by the young person’s individual circumstances, the sentence imposed, the amount of contact occurring with any interstate service, and the assessed risks/needs. updates the young person’s case plan on a periodic basis.
Where the youth justice service is unable to administer an order and the relevant interstate service has declined a request for informal transfer post sentence, the youth justice service must consider making application to the court for variation or discharge or discharge and resentence in the interests of justice (this would only occur if the court was unaware that the order could not be administered at the time of sentence).
8. Negotiating an informal transfer to Queensland
If a young person wishes to move to Queensland while on an interstate order the interstate agency may request the relevant Queensland youth justice service provide assistance to supervise the young person while in Queensland. The interstate agency must negotiate their request with the Deputy Director-General, Communities, Child Safety, Youth and Families.
Deputy Director-General, Communities, Child Safety, Youth and Families responsibilities receives the request to informally transfer to Queensland from the interstate agency forwards a copy of the Request for Representative Supervision for Community Supervision form to the relevant regional director via the Office of the Director, Youth Justice Policy, Performance, Programs and Practice signs the Request for Representative Supervision for Community Supervision form if the request is granted advises the interstate agency of the outcome.
Office of the Director, Youth Justice Policy Performance Programs and Practice responsibilities receive the Request for Representative Supervision for Community Supervision form from the Deputy Director-General, Communities, Child Safety, Youth and Families prepares a correspondence for the Deputy Director-General, Communities, Child Safety, Youth and Families to reply to the requesting state.
Regional Director responsibilities forwards the Request for Representative Supervision for Community Supervision form to the youth justice manager liaises with the Deputy Director-General, Communities, Child Safety, Youth and Families, regarding the youth justice service’s capacity to service the order and any other information required from the interstate agency to inform the decision.
Manager responsibilities reviews the request for informal transfer provides advice to their regional director regarding the service’s capacity to accept or decline the request if accepted, advises the team leader.
Team leader responsibilities receives the Request for Representative Supervision for Community Supervision form from the interstate agency (from the manager) contacts the transferring interstate agency to request any further information about the young person to enable the Queensland youth justice service to supervise the young person including negotiating case plan activities and reporting arrangements to be undertaken by the youth justice service creates a young person profile in ICMS from the orders tab, selects “informal supervision” order allocates casework responsibility.
As a guide, the service provided to an interstate young person is consistent with the service provided to a young person on a Queensland supervised order.
The youth justice service manager must approve the supervision of the interstate young person. This approval is subject to negotiations by the Deputy Director-General, Communities, Child Safety, Youth and Families with the transferring jurisdiction.
The Queensland youth justice service has no power to take any action for a young person’s non-compliance with an interstate order. The interstate agency retains overall case management responsibility including responsibility for monitoring compliance and taking any action for non-compliance.
9. Formal transfer of casework and case management responsibility to or from Victoria
Legislation: Young Offenders (Interstate Transfer) Act
Reference: Interstate Transfer Arrangements: Victoria
If a young person intends to move to Victoria, or from Victoria to Queensland, during their supervised order, casework and case management responsibilities may be transferred to or from Victoria. This occurs through a conversion of comparable orders from each state.
The primary consideration for an interstate transfer is that the transfer shall be in the young person's best interests. A young person should be substantially no worse or better off as a result of the transfer and their consent to the transfer is mandatory, except in exceptional circumstances.
Consideration for transfer should occur when: the young person is absent from their home state the young person’s parent/s or carer plan to move interstate other close relatives of the young person live interstate
If a young person moves between Queensland and Victoria, there is a capacity for the respective department to assume statutory responsibility for these orders. Breach or variation action can then be taken against the order under the relevant legislation in Queensland or Victoria.
From the time a young person arrives in Victoria under a formal transfer arrangement, any sentence imposed on, or ordered before that time, ceases to have effect in Queensland except in relation to: any period of detention served by the young person before that time any part of the order carried out in respect of the young person before that time an order for a fine, compensation, restitution or costs the young person has failed to pay.
From the time a young person arrives in Queensland under a formal transfer arrangement, any sentence imposed on, or order made in relation to the young person, operates as an order under the Queensland Youth Justice Act.
If there is information present to suggest the young person’s relocation may not be permanent, then an informal transfer may be negotiated between the states and the sending state would retain case management and statutory responsibility for the young person.
9.1 Deciding whether to apply for a formal transfer from Queensland to Victoria
Caseworker responsibilities
If a young person on a supervised order expresses intent to move to Victoria the caseworker: advises the young person they must have written approval from the youth justice service manager before they can leave Queensland checks if the young person has any outstanding court matters prior to seeking approval including whether there is an appeal or sentence review pending against an order that the young person is subject obtains the consent of the young person to exchange information with the receiving state, for the purpose of facilitating a transfer identifies any issues that may impact the transfer and meets with the team leader to discuss these.
9.2 Issues for consideration
Issues that should be considered prior to seeking approval for an order to be formally transferred interstate includes:
9.2.1 The type of order
Sentencing options for young people differ across Australia. As such not all Queensland youth justice orders are able to be formally transferred interstate. When considering a formal transfer, caseworkers and team leaders must confirm that the youth justice order/s can be converted to an order of similar intent in the receiving state. This may occur by consulting the relevant conversion matrix or contacting the Youth Justice Services Practice Support Unit.
Where the order/s has special conditions attached which cannot be completed prior to transfer, the youth justice service must establish that the condition(s) can be met by the young person while they are located in the receiving state. This will require the sending youth justice service to make contact with the proposed interstate office to determine services and agencies, for example, drug and alcohol counselling or psychiatric services, that may be accessed by the young person to fulfil any special conditions of their order/s.
To ensure adequate consideration and planning is given to the transfer of custodial order/s, including escort arrangements, the youth justice case worker will liaise with youth detention case worker to obtain information about the young person and their custodial order.
9.2.2 The offence
The youth justice service must consider the type of offence/s for which the young person was sentenced. The gravity of serious offence/s and recidivist behaviour must be considered when determining if formal transfer of the order/s is in the young person’s best interests. While the commission of serious offence/s by a young person is not grounds for a refusal to accept formal transfer of an order/s in isolation, a young person’s involvement in serious and/or persistent offending behaviour may indicate a need for increased services and supervision in the receiving state. To enable formal transfer to occur, the youth justice service must be satisfied that the order/s can be adequately serviced in the receiving state, given the young person’s involvement in repeat and serious offending behaviour.
9.2.3 Period of time to order expiry
The younth justice service must be satisfied that the youth justice order/s is still of adequate duration that the specified requirements of the order can be adequately met. For example, the youth justice service must be satisfied that outstanding community service hours can be completed prior to the order expiring or special conditions can be fulfilled. Where this is not the case, consideration should be given to the completion of a variation by consent to extend the order duration (for community service orders) or where appropriate making application for variation in the interests of justice. Such actions must occur prior to the completion of an Application for Formal Transfer of a Youth Justice Order.
In addition to ensuring requirements can be fulfilled prior to order expiry, the youth justice service must also be satisfied that the order/s is of sufficient duration that the decision for formal transfer is in the young person’s best interests. Orders of less than three (3) months to expiry should not be considered for formal transfer. Alternatively, the youth justice service should consider informal transfer of the order/s to the relevant state. Should this occur, a variation in the interests of justice must be sought to place an extra requirement on the order that the young person comply with supervision requirements outside of the state. Refer to Chapter 18 Applications and variations.
9.2.4 The young person’s compliance with their order
The young person’s compliance with the order/s must be considered prior to making Application for Formal Transfer of a Youth Justice Order. Where it is identified that a young person has been or is currently non-compliant with order requirements, breach action must be considered. This may include issuing the young person with a formal warning or completing an application for contravention. Should an application for contravention be filed, this matter must be finalised prior to the young person relocating and/or making application for formal transfer.
9.2.5 The details of the young person’s relocation
To determine whether formal transfer of the order/s is in the young person’s best interests, the youth justice service must seek and confirm adequate details regarding the young person’s relocation. These details include the purpose for the relocation, the young person’s accommodation arrangements and the young person’s plans once they are settled interstate. If it is clear that the young person is unlikely to permanently settle interstate, informal, rather than formal transfer should be considered, in addition to seeking a variation of the order in the interests of justice seeking an extra requirement that the young person comply with supervision requirements outside of the state.
9.2.6 Implications for the Child Protection (Offender Reporting) Act 2004 (CPORA) and the Victim Information Register
The youth justice service must determine whether the young person is subject to the Child Protection Offender Register and/or the Victim Information Register. Each supporting piece of legislation requires the young person and/or the department to advise other agencies or persons (e.g. victims) of a young person’s relocation/travel outside of the state and other particular events relevant to the young person. The youth justice service must ensure legislated provisions are not impacted by the young person’s relocation and formal transfer of the order/s. The youth justice service must also be satisfied that adequate arrangements can be negotiated with the receiving state to ensure ongoing compliance with each piece of legislation.
10. Requirements for formal transfer to proceed
The young person’s consent for formal transfer should be established prior to formalising a decision to transfer an order interstate. If it is determined, following consideration of the above factors that formal transfer would be in the young person’s best interests, in principle agreement should be sought.
Team leader responsibilities liaise with the Youth Justice Services Practice Support Unit to: confirm whether the young person’s order/s is transferable obtain details of the relevant interstate legislation and the equivalent interstate order/s
Youth Justice Service Manager responsibilities make contact with the relevant interstate office to establish availability of required services to enable the young person’s compliance with order requirements and receive ‘in principle’ support to proceed with the transfer.
11. Young people who relocate interstate prior to a formal transfer occurring
On occasion young people may relocate interstate prior to a formal transfer occurring. In these situations, the youth justice caseworker will meet with the team leader as soon as possible to consider the details of the young person’s case. Where it is determined that a formal transfer of the order is appropriate, the caseworker will discuss this option with the young person and their parent/carer. Once consent is obtained from the young person and their parent/s or carer (this may be received in a letter/fax from the young person and their parent/carer) the caseworker will commence the process for formal transfer (refer to section 14).
To ensure appropriate supervision of the young person occurs while the formal transfer process is being finalised, the caseworker will discuss with the team leader the possibility of seeking an informal transfer of casework responsibilities to the receiving state. Where a decision is made to pursue an informal transfer, the team leader must ensure an application to vary the order in the interests of justice is completed by the caseworker. The application should seek an extra condition on the order that the young person comply with the requirements of the order outside of the state. Refer to Chapter 18 Applications for breaches and variations.
Where an interstate service has accepted informal case work responsibility, information may be requested and obtained from the interstate officer to inform the Application for Formal Transfer of a Youth Justice Order form (located on infonet). Such information may include a request that the interstate officer conduct a home visit to confirm living arrangements.
Caseworker responsibilities drafts and approval letter for the manager granting permission for the young person to travel interstate prepares an application for variation in the interests of justice
Team leader responsibilities reviews the letter granting permission to travel interstate and forwards to the manager for signing quality assures the application for variation in the interests of justice.
Manager responsibilities reviews and signs the letter granting permission to travel interstate reviews and approves the application for variation in the interests of justice.
12. Process to formally transfer
Caseworker responsibilities
Once a decision is made to formally transfer an order/s interstate, the youth justice caseworker will: discuss with the young person and their parent/s or carer the process for formal transfer interstate provide the young person with a letter signed by the youth justice services manager stating they have permission to leave the state undertake interviews with the young person and their parent/carer to obtain details of the young person’s relocation, proposed accommodation including details of all adults residing in the proposed accommodation and the young person’s plans in regards to education, training and employment record the views and attitudes of the young person and their parent/s or carer towards the transfer where the young person and their parent/s or carer wish to receive legal advice regarding the implications of a formal transfer, arrange for the young person and their parent/s or carer to receive independent legal advice finalise the young person’s case plan, including completion of the YLS/CMI risk/needs assessment tool complete the Application for Formal Transfer of a Youth Justice Order form which includes the Background Report and Statement of Arrangements (located on infonet) obtain the signatures of the young person and, where possible, their parent/carer on the completed Application for Formal Transfer of a Youth Justice Order form submit the form to their team leader for review and support.
Team leader responsibilities review the information contained in the Application for Formal Transfer of a Youth Justice Order form if agreeable, support the Application for Formal Transfer of a Youth Justice Order form submit the Application for Formal Transfer of a Youth Justice Order form to the youth justice service manager for endorsement.
Youth Justice Service Manager responsibilities make contact with the relevant youth justice unit regional manager and receive ‘in principle’ interstate support to proceed with the formal transfer. During negotiation, obtain details of the young person’s initial meeting with the relevant interstate office provide these details to the team leader, for inclusion in the Application for Formal Transfer of a Youth Justice Order form review the information contained in the Application for Formal Transfer of a Youth Justice Order form if agreeable, endorse the application submit the application to the Regional Director for approval.
Regional Director Responsibilities review the information contained in the Application for Formal Transfer of a Youth Justice Order form if agreeable, approve the application by signing the Statement of Arrangements send the form to the interstate office manager and request that the interstate service arrange for the appropriately delegated officer to counter-sign the Statement of Arrangements and Authority for Formal Transfer form and return the form to Queensland receive the signed Statement of Arrangements and Authority for Formal Transfer form and forward to the youth justice service manager.
13. Approval received from interstate agency for formal transfer to proceed
Caseworker responsibilities
Following receipt of the signed Statement of Arrangements and Authority for Formal Transfer form: contact (by phone or home visit) the young person to advise them of the outcome of the formal transfer of their order and reporting or custody/transfer arrangements fax a copy of the signed Statement of Arrangements and Authority for Formal Transfer form to the Data Management Unit file a copy of the Statement of Arrangements and Authority for Formal Transfer form on the young person’s paper file ensure all documentation is complete including a case closure form in ICMS provide the files to the team leader.
Team leader responsibilities close the order/s in the orders tab of ICMS by inputting the end reason as ”transfer to Victoria” approve the case closure form in ICMS ensure all documentation is filed correctly if the young person is subject to the Child Protection Offender Register and/or Victim Information Register, complete the necessary requirement to notify agencies and other relevant people (e.g. victims). This will include liaison with the Youth Justice Services Practice Support Unit. forward copies of relevant information from the file such as assessments, case plan and pre-sentence reports to the receiving Victoria manager.
14. Negotiating a formal transfer from Victoria to Queensland
If a young person wishes to move to Queensland while on a Victorian order, the Victorian service may request formal transfer to Queensland. All Victorian requests for formal transfer are forwarded to the regional director responsible for the region where the young person will reside.
Regional director responsibilities
Upon receipt of the formal written request for transfer, the regional director, in consultation with the Youth Justice Services Practice Support Unit: determines the equivalent order that could apply in Queensland forwards the request to the youth justice services manager for review.
Youth justice service manager responsibilities discusses the transfer request with the team leader advises the regional director of the outcomes of interviews undertaken.
Team leader responsibilities where the young person and their parent/s or carer resides in Queensland, arranges an interview with them to discuss their attitude to the formal transfer request advises the youth justice service manager of the outcome of the interview and their recommendation regarding the transfer request.
If an “In Principle” agreement is made in relation to accepting the transfer, Victoria must be advised of the appropriateness and feasibility of the transfer and the details of the order and conditions to which the young person would be subject upon transfer to Queensland.
Should Victoria decide to proceed with transfer, they will forward a completed Statement of Arrangements and Authority for Formal Transfer form to the regional director for counter-signing and return to Victoria. A copy of the Statement of Arrangements and Authority for Formal Transfer form is forwarded to Data Management Unit.
Team leader responsibilities receives the signed Statement of Arrangements and Authority for Formal Transfer form from Victoria scans and attaches the signed Statement of Arrangements and Authority for Formal Transfer form to ICMS creates the young person in ICMS adds the relevant equivalent Queensland order/s in the orders tab of ICMS, if the order is a custodial order, emails DMU details of the transfer to DMU to enable order creation in ICMS allocates case management responsibility.
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