Curfew Address Variations

Introduction

This topic outlines the process for dealing with requests to vary the curfew address.

CPPS staff are not permitted to permanently vary the curfew address without making an application to the court.

Curfew address variations must only be considered if there is good reason for doing so.

Legislative references: Sections 69I and 69K Sentencing Act 2002.

Who is responsible?

The following table outlines the CPPS staff member who is responsible for receiving requests to vary the curfew address.

Senior community work supervisors are not expected to make decisions about proceeding with applications for variation of curfew period without input from a probation officer or senior probation officer. Senior community work supervisors should speak to their service manager to determine who they should liaise with.

Senior community work supervisors are also not expected to prepare such applications. The service manager will appoint a probation officer to prepare applications for cancellation or variation of curfew periods if the offender is supervised by a senior community work supervisor.

If the offender is supervised by a senior community work supervisor, and address and occupants checks of a proposed address need to be carried out, then the senior community work supervisor should speak to their service manager to determine who will carry out the checks.

This may be the senior community work supervisor, depending on their competency in undertaking such a check, or a probation officer who will carry out the check and determine the suitability of the proposed address.

Temporary curfew address variations

If an application for variation of the curfew address is going to be prepared, then CPPS may approve a temporary variation of curfew address.

The application for variation must be lodged with the court within 5 days of approving a temporary variation of curfew address.

Note: Staff must consult with the service manager and seek their approval before moving an offender to temporary accommodation.

Information to canvass

When an offender requests a change in curfew address, the following information must be canvassed:

• reasons for the move
• when the move is required
• why the offender wants or needs to move, and
• whether the variation is in the best interests of the community, other residents and the offender.

The following questions must also be considered:

• Will the rehabilitation and the reintegration of the offender be advanced by granting the application?
• Is granting the application in the best interests of the community, the other residents, and the offender?

If the answer to both these questions is yes, then the CPPS staff member should proceed with enquiries regarding the request.

If the answer to either of these questions is no, then the CPPS staff member should advise the offender that:

• CPPS have decided not to make an application
• they have the right to make their own application, and that
• they should seek legal advice to prepare and file their own application.

Exception: If the offender cannot stay at the current curfew address (e.g. they have been evicted) and no suitable alternative address is available, then the CPPS staff member must consult with the service manager and consider making an application for cancellation of CD or an application for cancellation and substitution.

Note: If the offender is being supervised by a senior community work supervisor, then the senior community work supervisor must discuss the case with a probation officer or senior probation officer to determine whether to proceed with making an application for variation of cancellation on behalf of the offender.

Service manager approval

Service manager approval is required before any application to vary a curfew address can proceed.

Processing requests for out-of-area variations

If an offender makes a request to vary their curfew address to a curfew address that is in another CPPS area or within the boundaries of another service centre, then the service managers in the respective service centres must ensure that they communicate to facilitate the request.

The following table outlines the tasks that staff in each of the service centres is responsible for.

Requests where offender does not need to move immediately

The following table outlines the steps to take if an offender requests to change their curfew address, but does not need this to happen immediately.

These steps will usually be carried out by a probation officer.

Note: Any deviation from these steps requires service manager approval.

Urgent requests

The following table outlines the steps to take if an offender requests to change their curfew address, cannot remain at the current curfew address during the curfew period, and they must move urgently.

These steps will usually be carried out by a probation officer.

Note: Any deviation from these steps requires service manager approval.