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Monitoring a youth justice
conference agreement
                                       Contents

Purpose

1.     Monitoring agreement components

2.     Agreements and conference before sentence referrals

3.     Conference before sentence referrals – when an agreement is endorsed
       (under section 166 of the Juvenile Justice Act)

4.      Conference before sentence referrals – when a sentence order is made

5.     Managing a letter of apology

6.     Managing a payment of restitution and/or compensation

7.     Managing attendance at voluntary work

8.     Managing attendance at counselling or other program

9.     Unsuitable or unworkable agreement component

10.    Amending an agreement

11.    Risk of not complying with an agreement

12.    Arranging a warning meeting

13.    Preparing and forwarding the confirmation letters – Warning meeting

14.    Conducting a warning meeting

15.    When a young person continues to not comply after the warning meeting

16.    When a young person completes an agreement
                                                                                 Youth Justice Conferencing Practice Manual, October 2008




17.    Closing and archiving a file




Monitoring a youth justice conference agreement                              1
Purpose

To explain the process and responsibilities of youth justice conferencing staff when
monitoring the young person’s compliance with the agreement.


1.      Monitoring agreement components

Relevant documents:
   Recordkeeping policy (IM-107)
   Queensland Government Privacy Policy - Information Standard 42 (IS42).

The youth justice conferencing service monitors a young person’s compliance with a
youth justice conference agreement.

The service leader is responsible for ensuring the youth justice conferencing service:
•    monitors the young person’s compliance with components of an agreement at least
     monthly, or more frequently as required by the terms of the agreement
•    if required, commences a warning process for likely non-compliance. Refer to
     section 14 of this chapter.
•    maintains records of all contact with parties relevant to the agreement
•    if required, receives, manages and forwards letters of apology to the victim
•    if required, receives, manages and forwards to the victim restitution and/or
     compensation payment/s in compliance with department’s recordkeeping policy
•    if required, receives, manages and forwards to the victim other tangible items
     resulting from a young person’s agreement, for example a painting, in accordance
     with departmental recordkeeping policy
•    if required monitors a young person’s attendance at voluntary work, counselling or
     other program in accordance with the departments recordkeeping and privacy
     policy.


2.      Agreements and conference before sentence referrals

Legislation: Juvenile Justice Act, ss. 165(4) and 166
                                                                                             Youth Justice Conferencing Practice Manual, October 2008




When a youth justice conferencing service receives an agreement for a conference
before sentence referral, the service leader ensures the service forwards Form 5 and
Form 6 to the referring court. Refer to Chapter 8, section 5 – Forwarding the Form 5
and Form 6.

The youth justice conferencing service must monitor the young person’s compliance
with the young person’s agreement from the date of the conference until the court
adjournment date. All details of the young person’s compliance must be provided to
the departmental officer representing the department in court. Refer to section 1 of this
chapter.

The referring court, when sentencing the young person may:
   • take no action resulting in the entire agreement being endorsed. Refer to
       section 3 of this chapter. Conference before sentence referrals – when an
       agreement is endorsed (under section 166 of the Juvenile Justice Act)


Monitoring a youth justice conference agreement                                          2
     •   include part or all of the components of the agreement in a sentence order.
         Refer to section 4 of this chapter. Conference before sentence referrals –
         when a sentence order is made
or
     •   impose a sentence order that does not contain any components of the youth
         justice conference agreement.


3.       Conference before sentence referrals – when an agreement is
         endorsed (under section 166 of the Juvenile Justice Act)

Legislation: Juvenile Justice Act, s. 166

Relevant documents:
   Letter to young person advising of court outcome – Conference before sentence
   referral
   Letter to participants advising of court outcome – Conference before sentence
   referral

When a young person reappears in court for sentencing after a conference has been
held for a Conference before sentence referral, the departmental officer responsible for
the sentencing court contacts the service leader and advises them of the young
person’s court outcome in writing.

If the outcome is that the court has taken no further action under section 166 of the
Juvenile Justice Act, this means that the entire agreement has been endorsed and the
youth justice conferencing service is responsible for monitoring the agreement.

The service leader ensures:

     •   a letter advising of the court outcome is completed, photocopied and forwarded
         to the young person. Refer to Appendix 55.
     •   a letter advising of the court outcome is completed, photocopied and forwarded
         to the conference participants. Refer to Appendix 21.
     •   copies of the letters are placed on the physical client file
     •   YJC-Files is updated.


4.       Conference before sentence referrals – when a sentence order is
         made
                                                                                           Youth Justice Conferencing Practice Manual, October 2008




Legislation: Juvenile Justice Act, s. 165(4)

If the agreement is not endorsed and the court imposes a sentence order for the
offence, the sentence order may include part or all of the agreement. It is the
responsibility of the youth justice service to supervise the sentence order and monitor
the agreement components attached the order.

If a component of the young person’s agreement is attached to a sentence order, the
service leader ensures the youth justice conferencing service emails the team leader
of the youth justice service responsible for supervising the sentence order and
provides them with any information that may assist them with supervision of the order.




Monitoring a youth justice conference agreement                                       3
The service leader also ensures the youth justice conferencing service contacts the
conference participants and advises them:
•    of the components of the agreement that have been attached to the sentence
     order without disclosing other details of the sentence order.
•    that they are only legally entitled to be advised of the young person’s compliance
     with the agreement component included in the sentence order
•    that the youth justice service is responsible for supervising the young person and
     their sentence order
•    of the contact details of the responsible youth justice service
•    that the offence will be returned to the referring court if the young person does not
     complete the agreement component attached to the sentence order.


The service leader ensures the youth justice conferencing service:
•    completes, photocopies and forwards a letter to the young person advising them of
     the agreement component attached to the sentence order and also provides the
     contact details of the youth justice service responsible for monitoring the
     agreement component. Refer to Appendix 55.
•    completes, photocopies and forwards a letter to conference participants advising
     them of the agreement component attached to the sentence order and also
     provides the contact details of the youth justice service responsible for monitoring
     the agreement component. Refer to Appendix 21.
•    places copies of these letter in the physical client file
•    updates the outgoing mail register
•    updates the YJC-Files database and case notes.
•    closes the file and stores it at the youth justice conferencing service. Refer to
     section 17 of this chapter and the Recordkeeping policy.


5.       Managing a letter of apology

Relevant documents:
   Recordkeeping policy (IM-107)
   Queensland Government Privacy Policy - Information Standard 42 (IS42)
                                                                                             Youth Justice Conferencing Practice Manual, October 2008




   Letter to Victim re: Letter of Apology
   Outgoing mail register

When the youth justice conferencing service receives a young person’s letter of
apology, the service leader ensures the youth justice conferencing service:
•    checks the letter to ensure the content appears to be authored by the young
     person, signed by the young person and that it matches the expectation of the
     victim. Refer to Chapter 6. Developing a youth justice conference agreement,
     section 18 i.
•    makes a copy of the letter (prior to removing any identifying information about the
     young person) and places it in the physical client file.




Monitoring a youth justice conference agreement                                         4
If the convenor has identified that the victim wishes to receive the letter of apology, the
service leader ensures the youth justice conferencing service:
•    removes any identifying information of the young person from the letter of apology.
     For example, name, address.
•    prepares a Letter to Victim re Letter of Apology. Refer to Appendix 56.
•    attaches this Letter to Victim to the letter of apology (with identifying information
     removed) and forwards these letters to the victim by registered post
•    provides the young person with a letter confirming their letter of apology has been
     forwarded to the victim
•    updates the outgoing mail register
•    updates the YJC-Files case notes.


6.      Managing a payment of restitution and/or compensation

Relevant documents:
   Letter to Victim re: Money Order
   Outgoing mail register
   Recordkeeping policy (IM-107)
   Cash management policy (FMP-702)
   Monies by post policy (FMP-403)
   Receipt of monies policy (FMP-403)
.
When a young person agrees to pay an amount of restitution and/or compensation to
the victim as part of a youth justice conference agreement, the youth justice
conferencing service receives and monitors the payments and forwards these, as
agreed. A money order is the preferable form of payment. Refer to Chapter 6, section
19 – When an agreement contains restitution and/or compensation.

The service leader ensures the youth justice conferencing service:
•    provides the young person with a letter acknowledging the receipt of the money
     order and places a copy of this letter in the client file
•    photocopies the money order and places the copy on the physical client file
•    records incoming payment into a Restitution register. Refer to Appendix 57.
                                                                                              Youth Justice Conferencing Practice Manual, October 2008




•    securely stores the payment
•    completes a Letter to Victim re Money Order. Refer to Appendix 58.
•    hand delivers or forwards by registered post the payment and Letter to Victim re
     Money Order to the victim (tear-off receipt to be completed and returned by the
     recipient to the conferencing service)
•    provides the young person with a letter confirming that the payment has been
     forwarded to the victim
•    updates the outgoing mail register
•    updates the YJC-Files case notes.




Monitoring a youth justice conference agreement                                          5
7.      Managing attendance at voluntary work

Relevant documents:
   Parent consent form – Voluntary work
   Attendance log

When a young person agrees to attend voluntary work as part of their youth justice
conference agreement, the service leader ensures:

•    consent is obtained from the young person’s parent/carer for he young person to
     take part in voluntary work. Refer to Appendix 59.
•    if the supervisor of the young person’s voluntary work is required to possess a blue
     card, a photocopy of the blue card is to be placed on the client file
•    an ‘attendance log’ is forwarded to the supervisor of the young person’s agreement
     component. Refer to Appendix 60.
•    the supervisor of the young person’s agreement component is aware of their role
     as a supervisor of a youth justice conference agreement. Refer to Chapter 6,
     section 16 – The role of a supervisor of an agreement component.
•    the youth justice conferencing service monitor and record the young person’s
     compliance with the voluntary work.

8.      Managing attendance at counselling or other program

Relevant documents:
   Authority to exchange information between the youth justice conferencing service
   and the counselling service form

When a young person agrees to attend counselling or other program as part of their
youth justice conference agreement, the service leader ensures:
•    the young person and their parent/carer and/or support person has signed an
     ‘Authority to exchange information between the youth justice conferencing service
     and the counselling service’ form. Refer to Appendix 61.
•    the form is photocopied and a copy placed in the physical client file
•    the original signed form is forwarded to the counsellor
                                                                                            Youth Justice Conferencing Practice Manual, October 2008




•    the supervisor of the young person’s agreement component is aware of their role
     as a supervisor of a youth justice conference agreement. Refer to Chapter 6,
     section 16 – The role of a supervisor of an agreement component.
•    the youth justice conferencing service monitor and record the young person’s
     compliance with the voluntary work.


9.      Unsuitable or unworkable agreement component

Legislation: Juvenile Justice Act, s. 38

The youth justice conferencing service may identify that a component of an agreement
has become unsuitable or unworkable. Reasons for this may include:
•    an agreement component is no longer available or suitable

Monitoring a youth justice conference agreement                                        6
•     a young person’s supervisor of a component is no longer available
•     an agreement component is unlawful, not consistent with legislation, or more
      severe than if the young person was sentenced by a court
•     the young person may not have the capacity to complete the agreement, for
      example they may be ill, have relocated to another address, gained employment,
      or be in custody.

If the youth justice conferencing service identifies that components of an agreement
have become unsuitable or unworkable, refer to section 10 of this chapter.


10.      Amending an agreement

Legislation: Juvenile Justice Act, ss. 38 and 39

Relevant documents:
   Form 12 – Youth Justice Conference Agreement (Amended)
   Fax cover letter for Form 12
   Letter to Young Person When Agreement Has Been Amended
   Letter to Victim to Advise of Amended Agreement
   Letter to Police Officer/Court to Advise of Agreement Amendments
   Outgoing mail register
   Outgoing fax register

When a youth justice conferencing service identifies that a component of an
agreement has become unsuitable or unworkable, the service leader must advise the
regional coordinator. The regional coordinator must endorse any decision to amend an
agreement.

Before amending the agreement, the service leader contacts the signatories of the
agreement to:
•     advise them of the reasons the component has become unsuitable or unworkable
•     find out, and give effect to, their views on what should be included in the amended
      agreement.

Conference participants may identify additional options for the amended agreement.
                                                                                            Youth Justice Conferencing Practice Manual, October 2008




The service leader explores options to enable the agreement to become workable
including:
•     lengthening the timeframe for completing the agreement component
•     identifying other locations or activities for the young person to complete the
      agreement component, for example for volunteer work or counselling
•     identifying another supervisor of an agreement component if the original supervisor
      has become unavailable or is considered unsuitable.

The service leader discusses with the regional coordinator the practicality of options
identified. They agree on the amendments to the agreement components.

The regional coordinator must approve the content of the amended agreement.


Monitoring a youth justice conference agreement                                        7
When the content of the amended agreement is approved, the service leader ensures
the youth justice conferencing service:
•     contacts the young person, their parent/s or carer and the victim (if the victim was
      present at the conference) to advise them of the amended agreement
•     notifies the referring police or court of the amended agreement
•     records the amendments on Form 12
•     prepares a Letter to Young Person When Agreement Has Been Amended. Refer to
      Appendix 62.
•     prepares a Letter to Young Person’s Parents When Agreement Has Been
      Amended. Refer to Appendix 63.
•     prepares a Letter to Victim to Advise of Amended Agreement. Refer to Appendix
      64.
•     prepares a Letter to Police Officer/Court to Advise of Agreement Amendments.
      Refer to Appendix 65
•     forwards these letters and the Form 12 by registered post
•     completes a fax cover letter. Refer to Appendix 66.
•     faxes the Form 12, the fax cover letter and Letter to Police Officer/Court to Advise
      of Agreement Amendments to the referring police or court
•     updates the outgoing fax register
•     places the Form 12, copies of appropriate letters, any fax cover letters and
      transmission confirmation, if available, in the physical client file
•     updates the YJC-Files case notes.

11.      Risk of not complying with an agreement

Legislation: Juvenile Justice Act, ss. 24(1)(b), 164(2)(b), 165(5) and 166(3)

If a young person is at risk of not complying with a component of an agreement, the
service leader ensures the youth justice conferencing service contacts the young
person to:
•     explain the risk of not complying
•     explore the reasons for it
                                                                                             Youth Justice Conferencing Practice Manual, October 2008




•     explain the consequences of non-compliance.

The service leader may consider the young person has a reasonable excuse for not
complying with the agreement. This may include bereavement, cultural considerations,
illness, hospitalisation, relocation, employment or detention. If so, the service leader
should then discuss with their regional coordinator the option of amending the
agreement. After these discussions, the regional coordinator must agree before the
agreement is amended. Refer to section 6 of this chapter.

If the service leader considers the young person does not have a reasonable excuse
for not complying with the agreement, the service leader must discuss with their
regional coordinator the options available including:




Monitoring a youth justice conference agreement                                         8
•       arranging and conducting a warning meeting
•       returning the referral to the referring police or court for non-completion of the
        agreement.

If the service leader is experiencing difficulty in contacting the young person, the young
person’s parent/s or carer to discuss the young person’s risk of not complying with an
agreement, refer to Chapter 3, Section 12 – Difficulty contacting a conference
participant.

12.        Arranging a warning meeting

Legislation: Juvenile Justice Act, ss. 24(1)(b) and 164(2)(3)

Relevant documents:
   Warning letter to the young person
   Outgoing mail register

Once the service leader and regional coordinator agree that a warning meeting should
occur because of a risk of a young person not complying with a component of an
agreement, the service leader ensures the service:
•       contacts the young person, their parent/s or carer and/or support person to:
    −    advise them of the risk of not complying and the consequences of non-
         compliance
    −    explain that a warning meeting will now be held
    −    arrange a time, date and venue for a warning meeting. Refer to section 14 of this
         chapter.
•       liaises with the supervisor of the agreement component to keep them informed, as
        necessary
•       considers other possible warning meeting attendees, including the supervisor of
        the component of the agreement and discusses these with their regional
        coordinator
•       invites other agreed warning meeting attendees.
•       prepares a warning letter to the young person and their parent/s or carer and/or
        support person including:
                                                                                              Youth Justice Conferencing Practice Manual, October 2008




    − details of the risk of not complying and the consequences of non-compliance
    − an explanation of what will be involved at the warning meeting
        Refer to the YJC-Files Manual, Warning letters – Non-completion of agreements
        section and Appendix 67.
•       forwards the warning letter to the recipients by either hand delivery or registered
        post. The letter may also be forwarded by normal post if necessary to ensure
        receipt. Each warning letter’s mode of delivery should be determined by the
        circumstances of the recipients, for example transience or literacy level
•       updates the outgoing mail register
•       places copies of the warning letters in the physical client file
•       updates the YJC-Files case notes.



Monitoring a youth justice conference agreement                                          9
The warning meeting should be arranged to be held at a venue where the young
person feels safe and that does not place service staff at risk. Refer to Chapter 3,
section 21 – Safe pre-conference interview and visiting practices.

If the service leader is experiencing difficulty in contacting the young person, the young
person’s parent/s or carer for the purpose of arranging a warning meeting, refer to
Chapter 3, section 12 – Difficulty contacting a conference participant.


13.       Preparing and forwarding the confirmation letters – Warning
          meeting

Relevant documents:
      Letter of confirmation – Warning meeting

When a warning meeting has been arranged, the service leader ensures:

      •   a letter of confirmation with the time, date and venue of the warning meeting is
          prepared, photocopied and forwarded to the young person. Refer to Appendix
          68.
      •   a letter of confirmation is prepared, photocopied and forwarded to the young
          person’s parent/carer and support person. Refer to Appendix 69.
      •   forwards the letter of confirmation to the recipients by either hand delivery or
          registered post. The letter may also be forwarded by normal post if necessary
          to ensure receipt. Each letter’s mode of delivery should be determined by the
          circumstances of the recipients, for example transience or literacy level
      •   updates the outgoing mail register
      •   places copies of the warning letters in the physical client file
      •   updates the YJC-Files case notes.


14.       Conducting a warning meeting

Relevant documents:
   Warning meeting minutes
   Outgoing mail register
                                                                                             Youth Justice Conferencing Practice Manual, October 2008




At the warning meeting, the service leader ensures the service:
•     facilitates the warning meeting and discusses the risk of not complying and the
      consequences of non-compliance
•     records the meeting discussion as minutes including details of:
    − the young person’s name
    − the names of other warning meeting participants and if relevant, their organisations
    − the date and location of the meeting
    − the areas of risk of not complying
    − any agreed actions and timelines
    − any agreed follow up action


Monitoring a youth justice conference agreement                                         10
•     the meeting chair signs the warning meeting minutes as a true and accurate record
      of the meeting
•     forwards a copy of the warning meeting minutes to all meeting participants
•     updates the outgoing mail register
•     places a copy of the warning meeting minutes in the client file
•     updates the YJC-Files case notes.


15.    When a young person continues to not comply after the warning
       meeting

Legislation: Juvenile Justice Act, ss. 24(1)(b), 164(2)(b), 165(5) and 166(3)

Relevant documents:
   Recordkeeping policy (IM-107)
   Form 21 – Report on the Completion/Non-completion of a Youth Justice
   Conference Agreement
   Fax cover letter for Form 21 − Agreement Non-completion
   Letter to Young Person – Agreement Non-completion
   Letter to Young Person’s Parent/s or Carer and/or Support Person – Agreement
   Non-completion
   Letter to Victim – Agreement Non-completion
   Outgoing fax register
   Outgoing mail register

If the young person continues to not comply with their agreement after the warning
meeting, the service leader must discuss with their regional coordinator the option of
returning the referral to the referring police or court. If the regional coordinator decides
to return the referral, the service leader ensures the service:
•     contacts the young person, their parent/s or carer and/or support person to advise
      them of the decision to return the referral
•     completes the Form 21 including the details of the young person’s non-compliance
•     completes a fax cover letter. Refer to Appendix 70.
•     faxes the Form 21 and the fax cover letter to the referring police or court within 5
                                                                                                 Youth Justice Conferencing Practice Manual, October 2008




      working days of the decision to return the referral
•     updates the outgoing fax register
•     places the fax cover letter, Form 21 and transmission confirmation, if available, in
      the physical client file
•     prepares and posts a Letter to Young Person – Agreement Non-completion. Refer
      to Appendix 71.
•     prepares and posts a Letter to Victim – Agreement Non-completion. Refer to
      Appendix 72.
•     prepares and posts a Letter to Young Person’s Parent/s or Carer and/or Support
      Person – Agreement Non-completion. Refer to Appendix 73.
•     for court referrals, advises the youth justice service court officer in writing that the
      agreement has been returned because of non-completion of the agreement

Monitoring a youth justice conference agreement                                            11
•     updates the outgoing mail register and places copies of the letters in the physical
      client file
•     updates the YJC-Files database and case notes. Refer to the YJC-Files Manual,
      Non-completion of an agreement section
•     closes the file and stores the referral at the youth justice conferencing service.


16.       When a young person successfully completes an agreement

Relevant documents:
   Recordkeeping policy (IM-107)
   Form 21 – Report on the Completion of a Youth Justice Conference Agreement
   Fax cover letter for Form 21
   Letter to Young Person – Agreement Completion
   Letter to Young Person’s Parent/s or Carer and/or Support Person – Agreement
   Completion
   Letter to Victim – Agreement Completion
   Outgoing fax register
   Outgoing mail register

When a young person has completed their agreement, the service leader ensures the
youth justice conferencing service:
•     completes the Form 21 and a fax cover letter. Refer to Appendix 74.
•     faxes the Form 21 and the fax cover letter to the referring police or court
•     updates the outgoing fax register
•     places the fax cover letter, Form 21 and transmission confirmation, if available, in
      the physical client file
•     prepares and posts a Letter to Young Person – Agreement Completion. Refer to
      Appendix 75.
•     prepares and posts a Letter to Victim – Agreement Completion. Refer to Appendix
      76.
•     prepares and posts a Letter to Young Person’s Parent/s or Carer and/or Support
      Person – Agreement Completion. Refer to Appendix 77.
                                                                                                Youth Justice Conferencing Practice Manual, October 2008




•     places copies of letters in the physical client file
•     updates the outgoing mail register
•     updates the YJC-Files database and case notes. Refer to the YJC-Files Manual ,
      Agreement successfully completed section
•     closes the file and stores it at the youth justice conferencing service. Refer to
      section 17 of this chapter and the Recordkeeping policy.


17. Closing and archiving a file

When a referral has been closed, the service leader ensures the youth justice
conferencing service:
•     completes the client file checklist

Monitoring a youth justice conference agreement                                            12
•   transfers all documents from the convenor file, if created, to the client file
•   attaches the convenor file, if created, to the client file
•   archives the merged convenor file, if created, and client file. Refer to the
    Recordkeeping policy.




                                                                                          Youth Justice Conferencing Practice Manual, October 2008




Monitoring a youth justice conference agreement                                      13

								
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