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Procedure Properties

Title: Community Service Projects
Category: Offender Management
Version: 08
Implement Date: 3 December 2009
Application: Agency
Availability: Public

Authority

Appendices and Forms

Procedures

Policies

  • Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

Performance Measures

  • Financial value of Community Service work performed
  • Hours of community service performed per offender per month
  • Number of community service project sites

Procedure - Community Service Projects


Purpose
1.Process
2.Community Service Projects - Assessment
3.Community Service Projects - Approval
4.Allocation of offenders to approved Community Service Projects
4.1Risk Management Principles
4.2Work Program/Community Service Leave of Absence
4.3Allocation of offenders to community service projects at all other types of employment
5.Graffiti removal projects
6.On-site supervision/surveillance
7.Sharing projects between facilities/offices
8.Sharing projects with the Department of Communities
9.Disclosure of information regarding offenders
10.Intensive Correction Order
11.Record of community service hours
12.Register of projects
13.Aboriginal communities / isolated communities / isolated offenders

Purpose

To enable the appropriate placement of offenders on approved community service projects.

1. Process

The chief executive or delegate must seek, receive and consider applications from organisations to become registered community service projects.

Where established, community advisory committees may provide information and advice regarding potential community service projects within their respective communities for consideration by the relevant delegate. Refer procedure - Community Engagement Processes

2. Community Service Projects - Assessment

When assessing suitability of potential community service projects the following factors must be considered-

  1. a sponsor organisation should ideally be “not for profit” or a government agency (Department, Shire Council etc.). Exceptions may be approved where a project does not contribute directly to the organisation's profit;
  2. a rigorous assessment for any potential ethical compromise to Queensland Corrective Services;
  3. its appropriateness as an activity for the relevant offenders;
  4. if appropriate-the ability of the sponsor agency to reimburse the Agency's costs for the supply of offenders to the site and the level of supervision provided;
  5. whether ongoing and adequate on-site supervision is to be provided for offenders performing community service;
  6. if appropriate-suitability to meet the needs of female offenders (eg. breast feeding or pregnant women);
  7. whether the project involves meaningful and non-traditional options for female offenders;
  8. whether children or young people visit or reside at the project site - if so, consideration must then be given to Section 4 of the procedure; and
  9. where 17 year old offenders are at a project, whether the sponsor organisation is in possession of a current 'Person carrying on a Business' blue card, if required under the Commission for Children and Young People and Child Guardian Act 2000 (CCYPCGA).

The outcome of each of these considerations must be documented as an integral part of the application for approval of the project.

A sponsor organisation must have current public liability insurance.

Where potential projects appear to meet the criteria, the sponsoring organisation must be provided with an application and information kit to become a community service project.

Refer appendices - Guidelines for the Community Service Worker, Guidelines for the Community Service Project Supervisor (in-confidence) and administrative forms - Application to Become a Community Service Project, Community Service Project Health and Safety Assessment.

Community service projects must be assessed and regularly monitored to ensure compliance with the Agency requirements for workplace health and safety. In this regard a workplace health and safety assessment must be conducted prior to approval of the project and at least annually thereafter. External organisations must be made aware that compliance with the Agency requirements does not necessarily discharge their obligations under the Workplace Health and Safety Act 1995.

Refer administrative form - Community Service Project Health and Safety Assessment

3. Community Service Projects - Approval

A corrective services officer must assist the potential sponsor agency to complete the application form and conduct an assessment using administrative form - Community Service Project Health and Safety Assessment.

The completed administrative form - Application to Become a Community Service Project (Parts 1 and 2) must be forwarded for approval to -

  1. for corrective services facilities, including Work projects, and privately managed facilities - the relevant general manger of the facility, if the project is approved-

    1. the data from the form must be entered into the offender management system (refer IOMS>Corrective Services Facility Location>Work Projects); and
    2. the general manager then approves the project electronically in the offender management system. If the project is not approved the application should be filed at the corrective services facility.

  2. for community supervision - the relevant district manager through the regional manager, if the project is approved-

    1. the form must be returned to the district office for the compliance officer to enter the data into the offender management system (refer IOMS>Area Office>Work Projects); and
    2. the district manager then approves the project electronically in the offender management system. If the project is not approved the application should be filed in the district office.

Refer Corrective Services Act 2006, (CSA) s. 270 (1) and Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence).

If a person responsible for the supervision and transportation of offenders (excluding parolees) engaged in approved community service projects is not an Agency or engaged service provider employee, a security clearance must be obtained for the person. Refer administrative form - Criminal History Disclosure and Consent

4. Allocation of offenders to approved Community Service Projects

4.1 Risk Management Principles

  1. The safety of children is paramount in determining whether or not an offender is allocated to a particular community service project.
  2. An offender who is currently in custody and has been convicted of a sexual offence listed in CSA, Schedule 1 must not be engaged in a community service project.
  3. Appropriate assessment, placement and supervision of offenders must be undertaken at all times. Refer administrative form - Community Service Allocation Assessment
  4. In the event that an offender is subject to a Domestic Violence Order (DVO), extreme care should be taken when allocating an offender to a project so that the DVO is not compromised.
  5. In determining the allocation of offenders to community service projects regardless of whether the project is considered regulated employment or not, if children are present, or likely to be present, the sponsoring organisation must have in place a child protection risk management strategy identifying risks and controls associated with the community services offender.
  6. Issues such as criminal history and length of sentence must be considered.

4.2 Work Program/Community Service Leave of Absence

An offender who is eligible to participate at the Work Camp or an offender who is eligible to be granted community service leave of absence may be allocated to a community service project.

Where offenders are providing services at a school, such as maintenance, cleaning or building work, they will not fall under a category of regulated employment, as their work is considered to be directed towards the school, rather than towards children. Accordingly, offenders do not require a blue card for this work.

Offenders performing services (eg. maintenance work) at a child care centre after hours, when children are not on the premises, do not require a blue card. Offenders must not perform work at a child care centre while child care is being provided.

4.3 Allocation of offenders to community service projects at all other types of employment

Offenders, and supervising staff, who are able to participate in community service projects at all other types of regulated employment (as defined in the CCYPCGA, eg. youth clubs and centres or community halls) do not require CCYPCGA Blue Cards as the Agency is a government entity under Public Service Act 2008, s. 24, and are therefore exempt.

However, the risk management principles in section 4.1 of this procedure must always be considered when determining the allocation of offenders to such community service projects.

5. Graffiti removal projects

Refer appendices - Guidelines for Graffiti Removal Projects; Vehicle and Graffiti Removal Project Trailer Process and administrative forms - Hazardous Substances/Dangerous Goods/Chemical Register, Chemical Risk Assessment, Safety Analysis Worksheet

6. On-site supervision/surveillance

The Agency will ensure that appropriate supervision standards are maintained.

Offenders on community based orders who undertake community service projects must be under the direction of an approved sponsor at all times.

Sponsors and/or on-site supervisors as appropriate must have access to a corrective services officer who will provide advice and support and arrange appropriate training or instruction as necessary.

Refer appendices - Guidelines for the Community Service Project Supervisor (in-confidence), Surveillance - Community Service (in-confidence), Surveillance - Intensive Correction Order (in-confidence), Surveillance - Resettlement Leave; and administrative form - Community Service Project Supervisor's Incident Report

7. Sharing projects between facilities/offices

Projects may be shared between corrective service facilities and/or district offices if mutually satisfactory arrangements are made.

Security must be taken into account where offenders from a corrective services facility and offenders under community supervision participate on the same project.

8. Sharing projects with the Department of Communities

Where a community service project or potential community service project is shared with the Department of Communities, liaison must occur with that agency's local representative to ensure that adult offenders and juvenile offenders do not simultaneously undertake the same project.

9. Disclosure of information regarding offenders

Information relating to an offender's offence(s), criminal record or any other information, such as health related issues must not be released to sponsor organisations except in exceptional circumstances and in accordance with CSA, s. 243. However organisations may stipulate that offenders serving sentences for specific offences (eg. violent or sexual offences) be excluded from the project. Refer Procedure - Disclosure of Confidential Information

10. Intensive Correction Order

An offender on an Intensive Correction Order (ICO) is required to perform one day of community service per week. In exceptional circumstances the district manager may authorise exemption from all or part of this requirement. The authorisation must be in writing and retained on the offender file. Refer appendix - Surveillance - Intensive Correction Order.

11. Record of community service hours

Hours worked during the month are to be collected regularly and recorded on IOMS prior to the 9th day of the following month.

12. Register of projects

A register of community service projects undertaken by corrective services facilities and district offices must be maintained by those facilities/offices. The register must be maintained through IOMS.

13. Aboriginal communities / isolated communities / isolated offenders

  1. Although it is highly desirable that offenders required to undertake community services do work at least one day per week, it is recognised that this standard cannot always be maintained in Aboriginal or isolated communities.
  2. The number of hours per week required of an offender living in these areas is to be determined by the supervising officer, taking into account the particular circumstances of the offender and his/her social environment.
  3. Reasons for variation from the minimum of one day per week need not be recorded in these cases.



KELVIN ANDERSON
Commissioner





Version History

03/12/2009 Version 08 - 21/01/2009 Version 07 - 23/12/2008 Version 06 - 27/04/2007 Version 05 - 28/08/2006 Version 04 - 21/04/2006 Version 03 - 17/10/2003 Version 02 - 04/12/2001 Version 01 - 01/07/2001 Version 00