2. Roles and Responsibilities

Introduction

This chapter outlines the various CPPS staff involved in identifying and responding to non-compliance with community detention (CD), and their responsibilities in relation to this.

Although CD may be managed by a senior community work supervisor or a probation officer, there are limitations on the type of enforcement action a senior community work supervisor can take in response to non-compliance with CD.

Note: The supervising CPPS staff member will not always be the person responsible for taking enforcement action in relation to CD.

Identifying non-compliance

It is the responsibility of the CPPS staff member supervising the CD sentence to identify any issues of non-compliance.

Where it is unclear whether or not there is non-compliance with CD, the supervising staff member must consult with a more experienced/senior staff member.

Examples:

• The senior community work supervisor should consult with a probation officer or senior probation officer, and
• the probation officer should consult with a senior probation officer or service manager.

Responding to non-compliance

If an instance of non-compliance is identified, the appropriate enforcement action must be determined.

Note: All enforcement involving legal action taken in relation to CD must be checked by the service manager.

Senior community work supervisors

There are limitations on the level of decision-making and enforcement action that senior community work supervisors involved in the management of CD may take to determine the appropriate enforcement action:

• senior community work supervisors are not permitted to take any legal enforcement action without first consulting with the service manager.
• senior community work supervisors may use sanctions without input from other CPPS staff, although they must consult with a probation officer or senior probation officer if there are repeated instances of minor non-compliance.

Probation officers

Probation officers may determine and take any appropriate form of enforcement action in response to non-compliance with CD as long as it is consistent with the:

• principles of non-compliance and enforcement, and
• CD enforcement guidelines.

Verbal and written warnings

The senior community work supervisor may make decisions about issuing verbal/written warnings and may issue verbal/written warnings.

Decisions must be made in accordance with the:

• principles of non-compliance and enforcement, and
• enforcement guidelines for CD.

If it is unclear whether a verbal/written warning is appropriate, the senior community work supervisor must liaise with a probation officer or senior probation officer.

If there are repeated instances of minor non-compliance, then the senior community work supervisor must liaise with a probation officer or senior probation officer to consider whether:

• repeated sanctions are appropriate, or
• legal action should now be considered.

Verbal and written warnings must not be presented as "final" warnings, unless a decision has been made to progress to legal action or the next instance of non-compliance.

Breach

The senior community work supervisor may not take breach action without consultation. They should instead make a recommendation to the service manager that breach action is taken.

Application to court

If the senior community work supervisor identifies non-compliance and believes that it may be appropriate to make an application to court in response to the non-compliance, they must advise the service manager.

The service manager will nominate a probation officer to:

• liaise with the senior community work supervisor to determine whether an application to court is appropriate, and
• prepare an application to court with the assistance of the senior community work supervisor (if this is appropriate).

If an application to court is to proceed, the senior community work supervisor will be required to prepare and swear/affirm an affidavit in support of the application in their own name. This should be prepared with the assistance of the probation officer.

Senior community work supervisor assistance

If a probation officer is nominated to prepare a breach or application, it is expected that the senior community work supervisor will assist the probation officer by:

• providing relevant information
• drafting and swearing/affirming affidavits, as required, and
• serving summons (where delegated to do so).