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Administration of Youth Justice Conferencing Procedure

DOCUMENT DETAILS Version: 1.1 Policy Reference: Youth Justice Conferencing Policy Maintained by: Operations Unit Status: Approved Version Date: 15 August 2017 Ensure that this document is the latest version to use

Audience

The Administration of Youth Justice Conferencing Procedure applies to all business

covering the preparation, planning, development, and monitoring of Outcome Plans in

accordance with the legislative and operational requirements of the Young Offenders

Act 1997 and Youth Justice Conferencing Policy.

This procedure relates to:

• Area Managers

• Assistant Managers

• Caseworkers

• Convenors

• Administrative Assistants.

When to use this procedure

Use this procedure when preparing, participating and implementing the sequence of

Youth Justice Conferencing workload activities incorporated in the administration of

the conference process from point of referral to exit of process

Administration of Youth Justice Conferencing Procedure Date of effect:15 August 2017 of 21

Process Map 1 Administration of YJC Conference Procedure:

Procedural Steps 2Step Task Responsibility

1 Receipt of referral

Receipt of new Youth Justice Conferencing (YJC) referral via

Client Information Management System (CIMS) interface or other

source of correspondence.

Forward referrals that are outside your geographic boundary to

the respective Juvenile Justice Community Offices covering the

young person’s address.

Complete Court /Police Referral checklists.

Administrative

Assistant

1. Receipt of

Referral (Administrative

Assistant)

2. Make determination &

allocate case (Assistant Manager)

3. Administration actions

(Administrative Assistant)

4. Conference preparation (Convenor)



6. Preconference briefing meeting

(Assistant Manager)

7. Facilitation & development of outcome plan

(Convenor)



9. Post conference review meeting

(Assistant Manager)



11. Allocate outcome plan for case coordination

(Assistant Manager)

12. Case coordination / monitoring of outcome plan (Caseworker)

13. Review , feedback & endorse

outcome (Assistant Manager)

14. Notification of completion/non completion of outcome plan (Caseworker)

15. Review & endorse action

(Assistant Manager)




Clarify and confirm all information has been received and is

correct. If not, follow up by obtaining all necessary information

from the referral source via email/telephone.

Create referral on CIMS and complete the prescribed fields.

Note that some of the fields will be automatically generated on

CIMS for court referred matters.

Record date of receipt of referral under YJC Referral details and

actions taken in young person’s YJC case note – CIMS.

Note: Adhere to file or file part creation rules. If a young person is

unknown a new client file is created. However, if a young person

has a previous YJC CIMS record a new file part is opened and

existing details checked against the referral.

Submit referral to the Assistant Manager for determination.

Note: The timeframe to complete this step of the process should

not exceed two days. If so, notify the Assistant Manager and

record reasons for the delay in young person’s YJC case note.

2 Make determination and allocate case

Assess YJC referral against the legislative eligibility and suitability

criteria. Determinations based on suitability and eligibility include:

• admission of offence

• legal advice obtained

• whether a police referral matter should be dealt with by

way of a caution or to progress to criminal proceedings.

Contact should be made via telephone/email/Forms 3A or

3B - CIMS to discuss matter and action accordingly

• whether Doli Incapax has been addressed with the police

referral matter (where applicable)

• where an agreement cannot be reached following

Assistant

Manager


consultation with the Youth Liaison Officer

(YLO)/Specialist Youth Officer (SYO) on how a referral

should be dealt with, prepare and send referral to

Department of Public Prosecutions (DPP) for

determination (Form 2 – CIMS) of a decision. The DPP

must notify the Assistant Manager of their determination

under section 41 (4) in writing within 14 days.

Other considerations may include:

• whether a joint conference should be held when a referral

identifies multiple names of co-offenders

• making a cross referral decision to canvass the services of

another Juvenile Justice Community Office to assist in the

facilitation of a YJC conference (e.g. young person is

placed in a residential placement/ detention centre away

from the known address, or the young person and victim

are geographically distant)

• to confirm place of abode (if necessary) to proceed with a

conference.

Make a determination to proceed.

Assess convenors’ current workload, availability and responsivity

considerations to equip young person’s needs (e.g. gender,

culture, disability).

Contact the prospective convenor via telephone and discuss

referred case. Following discussion, assign YJC referral to

convenor.

Complete Form 9A Checklist and ensure that a list of all people

associated with the conference referral (e.g. Fire Rescue NSW

representative, custodial manager, current Juvenile Justice

caseworker) is listed in the Additional Referral Information section

of the document.


Note: Discussion should include whether the YLS/CMI-SV tool is

required and it must be completed and emailed to the Assistant

Manager within 48 hours after initial meeting with the young

person.

Update YJC Referral details on CIMS which includes:

• date of determination

• convenor details

• date allocated.

Record actions taken on young person’s case note - CIMS.

Return client’s file to the Administrative Assistant for letter

creation of conference notifications (letters) to identified

conference participants.

Note: Administrative requirements to be completed within two

days of receiving the conference referral. It is recognised that

there may be situations where this may not be possible and it is

essential to case note the circumstances surrounding the delay of

the referral process.

3 Administration Actions Prepare introductory notification letters (e.g. Forms 5, 5A, 5B, 5C

- CIMS) to respective conference participants for Assistant

Manager’s signature.

Forward notification letters to Assistant Manager for signature.

Obtain signed copies of letters and send via post to the respective

conference participants.

Send email to convenor with the following information attached:

• YJC referral

• Form 9A Checklist

• standard statement to remind convenors that all YJC

documents are accessed via the YJC Convenor Portal

(Internet).

Administrative

Assistant


Note: Convenors are advised during their Training and Local

Induction meeting that all documents/paperwork are available and

accessed via the YJC Convenor Portal (Internet).

Record all actions taken under young person’s case note.

4 Conference preparation

Make initial contact via telephone with Investigating Officer

(IO)/Youth Liaison Officer (YLO)/Specialist Youth Officer (SYO)

to:

• discuss information relating to the matter that includes

potential risk to the convenor or participants

• discuss and clarify known factors contributing to offending

• clarify your role and any issues that arise about the role of

police officers in a conference

• explain the scope and limits of confidentiality

• address any issues around understanding, expectations

and concerns in relation to the conference process

• arrange a face to face meeting with YLO/SYO/IO to

discuss any issues or concerns (if required)

• check YLO / SYO / IO availability to attend conference.

Make initial contact with the young person(s) and victim(s) via

telephone and schedule face to face meetings with each in a

neutral setting.

Complete Home Visit Assessment and Personal Safety Plan and

send to Assistant Manager for endorsement. No home visits are

to be conducted without prior approval from the Assistant

Manager.

If the young person is in custody, contact the custodial manager by telephone to consult and gain assistance in the coordination of

operational requirements/approvals to conduct a conference in a

custodial setting.

Convenor


During contacts with the young person and their supports, the

following actions are required:

• explain confidentiality and its limits to all participants

• clarify your role and their roles in the conference process

• discuss and explain the steps of the Youth Justice

Conferencing process and the consequences of failing to

complete the conference process or Outcome Plan

• complete Client Consent – Exchange of Information

• confirm young person’s admission, consent, right to legal

advice, right not to proceed with the conference and the

right to elect the matter to be dealt with by the court

• check with young person if they have outstanding debts

caused by non-payment of fines and discuss the option of

reducing their debts via the engagement of the Work

Development Order scheme

• explain purpose of the YLS/CMI-SV screening tool, if

applicable and how it assists in identifying potential

conference participants

• explain the scopes and limits of an Outcome Plan

• discuss role, expectation and clearance requirement (i.e.

Working with Children Check (WWCC) of Monitor; and that

the preferred option of identifying the Monitor is via the

conference participants

• refer any issues or concerns to the Assistant Manager

when a young person does not admit to the offence

described in the police facts

• complete & submit YLS/CMI-SV screening tool to

Assistant Manager within 48 hours after initial contact with

young person, if applicable.

Note: The convenor will follow up with a phone call to discuss

information collated and to identify possible conference

participants. The tool is to be completed for new YJC referrals

except when a comprehensive YLSI/CMI-AA is current and


communicated via the Form 9A Checklist and discussion with

Assistant Manager.

• make contact and engage with potential participants as

required (e.g. Headspace, AOD counsellor)

• organise possible dates, times and venues for conference

• inform victim(s) of their rights and responsibilities and

provide them with the Victims Service Information

Brochure

• clarify any issues or concerns (e.g. consider other options

that may be available to a victim who is choosing not to

participate in person such as:

• a letter read at a conference

• audio-visual link

• voice recording

• represented by a person of their choosing

• review appropriateness of venue for conference by

considering the following:

1. Safety

2. Privacy

3. Accessibility

4. Neutrality (for all parties involved)

5. Comfort

6. Conducive to open communication.

• advise custodial manager of tentative date for conference

to be held (if applicable)

• send written notices (Forms 6 & 6a –CIMS) of conference

details to young person / young person support / victim /

victim support noting that the young person has a 10 - day

‘cooling off’ period.

Record all actions (e.g. contact with young person and support

person regarding conference preparation process) on Running

Sheet – Preparation (Form 8i).

Submit the Client Consent – Exchange of Information form and


the updated Form 9A Checklist to the Administrative Assistant

before scheduled Preconference Briefing Meeting (i.e. 10 days

prior to conference being held).

Note: Convenors update/consult with Assistant Managers when

needed throughout the preparation stage of the conference

referral.

To engage in best practice intervention it is preferable to conduct

more than one meeting with the young person, victim, supporting

persons and respective conference participants.

5 Administration Actions Receive documents from convenor.

Update and/or upload onto CIMS:

• consent form

• client details and other relevant information (e.g.

information regarding legal advice, disability)

• YLS/CMI-SV , where applicable

• record conference venue, date, time and mark as pending

case note.

Record all actions taken on young person’s case note - CIMS.

Submit client’s file to Assistant Manager for review.

Administrative

Assistant

6

Preconference briefing meeting

Arrange preconference face to face / telephone briefing meeting

with convenor at least 10 days before the conference is held.

In preparation for the briefing meeting:

• Assess YLS/CMI-SV Screen Guide (where applicable)

and discuss with convenor the young person’s risk /needs

and engagement with existing or potential service

providers for the conference process

Assistant

Manager


• Review Form 9A Checklist to ascertain all required

contacts have been made with potential conference

participants during the preparation phase.

Discussion may encompass:

• issues and concerns regarding the referral

• identify additional referrals and/or additional conference

invitees

• legal financial limitations (i.e. reparation), young person’s

capacity to pay and mode of payment

• monitor options

• guide convenor to give particular consideration in

engaging conference participants to collaboratively

develop an Outcome Plan that is:

• Specific

• Measurable & monitored

• Achievable & appropriate

• Realistic & relevant

• Time-framed

• Safe & supported.

Note: Monitor options; the convenor must advise the Assistant

Manager if they have concerns that a monitor may not be

nominated by the conference participants and to discuss alternate

arrangements (e.g. JJ caseworker to be assigned as monitor)

Approve any participants’ expenses (e.g. mileage where travel is

more than 100 km one way) following consultation with the

Assistant Manager and approval from Area Manager (where

applicable).

Endorsement given for conference to proceed.

Record actions taken under young person’s case note – CIMS

and complete Referral Details.


Document information relating to the convenor’s performance on

Supervision Electronic Data Record Management System

(EDRMS) file.

7 Facilitation & development of outcome plan

Facilitate conference using the Conference Script and any

modifications to meet the needs of the participants.

Follow script structure, maintain neutrality, engage and guide

participants through the process of the conference.

Remind conference participants that Outcome Plans must adhere

to legislative and business requirements.

Acknowledge when participants make recommendations for the

young person to engage in intervention that may not be directly

related to the offending behaviour but would be conducive for their

self-growth. Record information on the Recommendation Sheet.

Identify nominated monitor and explain obligatory expectations

associated with the role.

Note: When a Monitor is not nominated by the conference

participants the Convenor must advise and consult with the

Assistant Manager at the earliest time possible during the

conference session. Following consultation with the Assistant

Manager, the convenor advises the conference participants and

implements the agreed action.

Ensure financial reparations considered are appropriate and

legislatively based and that method of payment is discussed.

Reparation payments must be made in the form of a money order

made out to the victim’s full name. The money order is then

forwarded to Juvenile Justice to send to the victim or victims via

express post.

Convenor


Note: If an apology letter is an outcome recorded on the

Outcome Plan, details of the relevant Juvenile Justice PO BOX

address must be specified. Once the young person has

completed the apology letter, it is then provided to the Assistant

Manager who will forward onto the victim.

Provide and collect feedback surveys from relevant conference

participants.

If circumstances prevail such as:

• failure to attend - Young person(s)

• failure to attend – Victim (s),

• non engaging behaviour of participants, or

• non agreement to Outcome Plan.

Engage the following:

• telephone the young person /victim (where applicable)

and /or their supports to clarify and confirm reasons for

their non-attendance

• consult other participants about their preference of

course of action

• proceed with, adjourn for a short break (deescalate

tension)

• reschedule, adjourn the conference as soon as next

practicable for all parties, preferably for a period of no

longer than seven days

• inform and consult Assistant Manager that the matter

may be referred back to the referral source.

Update actions on Running Sheets – Conference Day & Post

Conference (Forms 8ii & 8iii)

Complete the Attendance Sheet.

Submit all (i.e. successful and/or adjourned conferences) post

conference documents to Administrative Assistant within five


days of the conference. The documents include:

• Outcome Plan

• Recommendation Sheet (if relevant)

• Conference attendees

• Running sheets

• Invoice of service delivery

• Expense claim

• Feedback surveys

Note: The conference is to be held within 28 days from date of

receipt of referral.

8 Administration Actions

Receipt of post conference documents include:

• Outcome Plan

• Recommendations

• Attendance sheet

• Running sheets 8i, 8ii & 8iii

• Service of delivery invoice

• Expense claims (with attached receipts)

Check convenor invoice tallies with running sheets and expense

claims are supported with receipts.

Conference time, attendees, status are updated on CIMS

Submit all post conference paperwork to Assistant Manager for

review and endorsement.

Note: Signed running sheets and invoice for service documents

must be forwarded to the Assistant Manager.

Administrative

Assistant

9 Post conference review

Review all post conference documents.

Assistant

Manager


Approve / make minor modification to Outcome Plan as

appropriate. If an outcome plan is assessed as unsuitable, the

conference is to be reconvened.

Complete Post Conference Report by reviewing relevant

documents provided and post briefing contact with convenor.

Discuss issues identified (if applicable) and conclude service

provision either in person or by telephone with convenor.

Note: Record all non-client related information and action on Post

Conference Report.

Endorse convenor invoice and expense claim forms.

Submit invoice and claim to Area Manager for approval.

Place Post Conference Report, survey and other documents on

the convenor’s EDRMS file when it relates to their service delivery

and performance.

Record all other information relating to the young person’s

conference on CIMS.

10 Administration actions

Transfer Outcome Plan onto CIMS including dates, status and

monitor information.

For court referrals, prepare and forward letters (Forms 13 & 13a –

CIMS) for endorsement by Assistant Manager.

Note: Outcome Plan approval is not required for police referrals.

Obtain signed letters (Forms 13 & 13a - CIMS) from the Assistant

Manager and either fax or email the forms and a copy of the

Outcome plan to court. Place copies of letters on file.

Administrative

Assistant


Note: For court referred matters, the six month implementation

period of Outcome Plan commences from date court approves the

plan.

Obtain approved invoice and expense claim from Area Manager.

Process financial transactions on Justice SAP Services that

includes:

• Invoice of service

• Expense claim

• Venue hire.

EDRMS paperwork.

Prepare file for allocation to Juvenile Justice Caseworker to

monitor progress of Outcome Plan.

11 Allocate outcome plan for case coordination Allocate YJC case coordination Juvenile Justice Caseworker.

Assistant

Manager

12 Case coordination / monitoring of outcome plan Workload activities attached to the monitoring of Outcome Plans

include:

• review outcome plan goals/tasks

• review incremental end dates for tasks specified for each

part of the outcome plan

• follow up with outstanding court approvals of Outcome

Plans and adjournment dates

• send introductory letter (YJC Letter to Monitor – CIMS) to

the designated conference monitor or an introductory letter

constructed by the caseworker (assigned monitor) to the

young person with a copy of the outcome plan

• confirm in partnership (i.e. with the designated conference

monitor) what would happen if barriers are identified that

may hinder the achievement of the targeted goal(s) of the

outcome plan

Caseworker


• monitor the progress of the outcome plan (i.e. the

prescribed frequency of contact with either the conference

monitor or with the young person is once every two weeks)

• update outcome plan on CIMS as appropriate

• when issues are identified hindering the achievement of

the agreed goals submit for Assistant Manager’s

consideration and determination

• prepare notifications letters (i.e. reminder, first warning

and final warning), where applicable following consultation

with the Assistant Manager

• forward (First Warning or Final) letters to Assistant

Manager for approval and signature

• obtain signed letters from the Assistant Manager and send

to young person

• copies of letters are to be placed on young person’s file

• conduct a home visit (where applicable)

Note: first warning and final warning letters require Assistant

Manager approval.

Record actions taken on CIMS under case note monitoring of YJC

outcome.

13 Review, feedback & endorse outcome

Review case progress and feedback information to caseworker

when young person is complying or not complying with outcome

plan.

Feedback may involve:

• approving the completed outcome plan and advising to

prepare necessary documents for referral finalisation

• authorising minor changes to targeted goals without

compromising the intention of the outcome plan

• authorising to reconvene the YJC conference when it

becomes evident that the outcome plan is significantly

compromised for reasons other than the young person’s

Assistant

Manager


noncompliance.

If the above circumstance prevail, reconvene the conference by

engaging the following:

• Consult with young person, victim and significant others to

explain reason for reconvening the conference

• Determine course of action, considering the victim’s

opinion

• Record the young person’s and victim’s preferred course

of action

• Consult with conference participants as considered

appropriate

• Advise and obtain approval from Area Manager of decision

• Notify parties consulted of decision to reconvene within 14

days

• Allocate to the same or an alternate conference convenor

and brief on specific reasons for reconvening.

Record client directed information on CIMS under Outcome Plan

Monitoring note and document non-client directed information on

Convenor’s Supervision EDRMS file.

14 Notification of completion or non-completion of outcome plan

Obtain confirmation of completion of Outcome Plan or non -

completion of Outcome Plan from assigned conference monitors

and/or service providers.

Update outcome plan tasks on CIMS to reflect completion or non-

completion:

• end dates and reasons for each task

• end date and reasons for Outcome Plan ended

• update offence status

• update referral status.

Caseworker


Prepare notification letters (17A, B, & D – CIMS) for Satisfactory

Completion of Outcome Plans or (16A, B & C – CIMS) for Fail to

Complete Outcome Plan for Assistant Manager approval.

When advising of unsatisfactory completion of Outcome Plan,

provide a written commentary of the circumstances regarding the

conference; young person’s performance; and any other relevant

information in CIMS under Outcome Plan Monitoring case note.

Prepare letter Police Criminal Records Unit Notification (Form 19

– CIMS) and submit to Assistant Manager for approval and

signature.

Complete exit summary on CIMS and file submitted to Assistant

Manager for approval.

15 Review & endorse action

Endorse written notices (i.e. CIMS notices of satisfactory

completion) to the referring agency and to other respective

participants (e.g. young person and victim).

Review and verify that CIMS notes include all information

confirming completion / non-completion of Outcome Plan with

associated explanation of actions taken.

Finalise and ensure batch number is obtained and entered onto

Police Criminal Records Unit notice.

File submitted to Administrative Assistant for file down.

Assistant

Manager

16 Administration Actions

Send final notifications endorsed by the Assistant Manager to the

respective participants:

• Referring agency

• Young person(s)

• Victim(s)

Administrative

Assistant


• Police Criminal Records Unit (Form 19 – CIMS).

Earlier file parts retrieved and all files bound and stored together.

File down and case note on CIMS finalisation of YJC case.

File placed in the compactus (i.e. where files are stored).

Supporting Documents 3This procedure is supported by the following documents:

• Client Consent – Exchange of Information (CIMS & PDF)

• Conference Convenor Personal Safety Plan

• Conference Script

• Convenor Invoice for services

• Court Approval Letters - Forms 13 & 13a (CIMS)

• Final Warning letter – Incomplete Outcome Plan (CIMS)

• Form 19: Police Criminal Records Unit Notification (CIMS)

• Form 9A Checklist (CIMS)

• Forms 16A to 16C: YJC Plan not completed (Court, Young Person & Victim -

CIMS)

• Forms 17A to17E: Satisfactory completion of outcome plan to young person

(Family; Court; Police; Victim & Victim organisation - CIMS)

• Home Visit Assessment

• Notifications to young person/victim and other participants- Form 6 and 6a (CIMS

& PDF)

• Post Conference Report

• Program Attendance Record

• Referral to Department of Public Prosecutions for determination - Form 2 (CIMS)

• Reminder, First Warning and Final Warning letters to young person (CIMS)

• Return referral to police for caution or to commence proceedings - Forms 3A or 3B

(CIMS)

• Running Sheets - Forms 8i, 8ii & 8iii

• Survey/Evaluation Form


• YJC Letter to Monitor (CIMS)

• YLS/CMI-SV Screening Guide

• Youth Justice Conference Attendance Sheet

• Youth Justice Conferencing – Young Person Screening Summary

Supporting Resources 4• Conference Timeline and Timeframes

• Court /Police referral checklist

• Juvenile Justice Address Check Request form

• Juvenile Justice Record Management procedure (Justice Intranet)

• Memorandum of Understanding between Fire and Rescue Services and Juvenile

Justice (Justice Intranet)

• Notice of excluded offence (CIMS)

• Rostered On-call arrangements for JJNSW Community Assistant Managers

(Justice Intranet)

• Victims Service Website (Internet)

• Work Development Scheme (Justice Intranet)

• Work Health & Safety – Venue Safety Inspection Checklist

• Youth Justice Conferencing Referral Determination Guide

Additional resources are available on the YJC Portal – Internet.


Document Information 5

Title: Administration of Youth Justice Conferencing Procedure

Business Centre: Operations Unit

Author: Senior Project Officer YJC

Approver: Director Operations Unit

Date of Effect: 15 August 2017

Next Review Date: 15 August 2019

File Reference: D17/04793

Key Words: Administration of YJC
