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Corrective Services Academy

IIII~I ~IIIIIIIIIIII~ IIIIIII~ 11111111 2005484

364.6309944 NEW 5 2 I Probation and parole officers'

PROBATION AND PAROLE OFFICERS' MANUAL

The material contained herein represents the knowled8e and experience gained by officers over Dl8.l\Y years. However, the nature of probation and parole work is such that m&I\Y situa.tions deve! op which ce.tmot be covered in a manual. Likewise, many situations develop in dealing with people, which make the procedure laid down in a. manual inappropriate in a partioular situation.

Probation am Parole Offieers should use the manual. as a guide r ather than a rigid rule book. There is no substitute for judgement and consultation with experienced officers when in doubt as to appropriate procedure.

~~~ Director,

Probation and Parole Service.

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INDEX OF CIRCULARS AS AT 17.8.1973

PROBATION

!.!! ACTS

ALLOWANCES

ATTENDANCE BOOK

AUTHORITIES

~ BREACH PROCEDURES

"e" CARITAS CENTRE

CENTRAL PETTY SESSIONS

CHILD 'WELFARE

CorviN ONWEALTH CRIMES ACT

CGrJiltIONWEALTH EMPLOYMBNT

COlJilJlONWEALTH PRISONERS' ACT

possession of relevant

Car Mileage Regulation 91

Leave Application

Security of

re young persons from Childrens' Court " " " " " " Recognizance granted under Commonwealth Crimes Act

Appointments and reports

Interview in Cells

Limitation of files available Obtaining files Breach Procedures

Breach of Recognizance

Change of address (Ci ty)

Duties of Probation Officers

Circular No.

132

7B

86A

82

79 S.0.14

109

53

64

S.0.14

109

103

HO

B.

15.

30.

19. 27.

13.

30.

23.:

28. 5.

27.

13.

22.

16.:

)

)

COHl" ~UNICATIONS

CO~J>EN S Nr I ON

CONFIDENTI AL

CONVICTIONS

C03RESPONDENCE

"

" COU ... l.T::)

C~lIhIHA1 INJUii liS Cm·'lPENdAT ION ACT

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to persons in Institutions

Checking Cards

Material Securi~

Public Servants

Style and presentation

Inm9.tes of Institutions

" n "

Checking lists and Advising Records

Presentation of P. J . ~~. 's

}>ayment of Recognizance 'Fees

Recovery from probationers of amounts paid

Motor Vehicles -Use of Before Proceeding on Leave Lodgement

Circular No.

133

10

14

3485

1

133

47

54

86

Remain in Record Section 18

2.

14. I

17. I

29.1:

17.

11.1:

27.1:

18.

12.1:

27.

22.

11. 110

5. I

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Circular No . Issut

DRESS AND GROOMING 52 19.1( 127 20.

DRUGS Education Programme 92 11.11 Hostels - drug dependent 121 27 . I

!!:. EC ON OMY Photo copying 72 25. Telephones 10.

EMPLODIENT Probationers with Public Service 7 1. Drug Users 16.1'

!E! FILES Limitation of avai1abi1i ty from C.W.D. 64 28. Method of obtaining from C. W.D. 5. Transfer of P.S.R. Probation 139 13.

FINGERPRINTS Notification of supervision of juvenile offenders 29 5. Inquiries 40 8.

~ HOSPITALS Mental-district allocations 58A 4.

HOSTELS Drug dependent person 121 27. Rainbow Lodge 125 15.

"I" INSTITUTIONS

INTERVIEWS

INTERSTATE

Communication with persons in

Parramatta Gaol in cells Central Petty Sessions

Supervision of Probationers " " "

~ J-0URNALS Perusal

"L" LANGTON CLINIC Employment arrangeaents

LEAVE

"M" ~nGRANTS

Iw1INORS

~IOTOR VEHICLES

Compensatory Prior arrangements by Probation Officer re files, diaries and supervision application for Recreation and Sick application and attendance book Recreation (Roster) submission ot application

Good Neighbour Council

Property and Contracts Act

Insurance policies Use of Departmental

Circular No. Issu

133

5

53

69 76

8

28

37

86A 101

HO

15

11.1

28.

23.1

5. 1. '

2.

10.1

30. ' 28.

28.

5.

9. I

16. 22.

~ PARKING

PAROLE

PARRAMATTA

PERIODIC DETENTION

PERSONNEL OFFICER

PETTY SESSIONS

PHOTOCOPYING

PRE SENTENCE REPORTS

PRISONERS

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Cen tral Petty Sessions Infringements Mint Building -facilities

Prisoners - Non -Parole Period

Gaol interviewing facilities

Information re accommodation tt II " tt

tt tt " " De partmen t of Corrective Services

Expansion of Probation

Depositions from Clerk of the Peace Economy

Commonweal th Concli.liation and Arbitration Commission Public Defender Newspaper publications Presentation at Court

" " " " Work Release Assessment of suitable

Circular No. ISSl

90 39

HO

Undated

5

73 119 126

3658

S.0.23

41 72

lA undated

34

32 47

66 24

3. 22.

26.

June

28.

25. 8.

16.

8.

11. 12.

25 •. 18.

PROBATIONERS

PROBATION Ol~'ICERS

PSYCHIA'"l'RIST

PUBLIC SErlV ANTd

~ RAINBOW LODGE

RECOGNIZANCE

RECORDS (PAROLE)

REGULAr I ON 35

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Release from supervision Employment Public Service Termination of Supervision Supervision of Interstate Transfer forms Supervision in A.C.T.

Commonwealth Prisoners Act Procedure Malabar Prison Expansion in Petty Sessions

Referral to Dr. Lucas " It "

Convictions notification

Circular No.

4

7

21

69 91

138

S.0.23

36 75

3485

125

P~ent of fees 54 Breach under Commonwealth Crimes Act 109

Notification of conviction of Public Servant

1/74

3485

15. 4

1. 5

11. 9

5. 3 23. 9 1. 3

16.12

5. 2

8. 6

31. 3 1. 4

17. 7

15. 8

12.11

13. 3

14. 1

17. 7

REGULATION 91

REPORTS

RETURNS

" S It SALARIES

SECURITY

311 VERWATER COMPLEX

SOCIAL W~FARE

SUPERVISION

SYSTEMS

STATISTICAL SHEETS

!.T!. TELEPHONE

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Car Mileage Allowance

P.S.R. presentation

Monthly

Inquiries b,y staff

Confidential Material

Postal Address

Assistance

Probationers in A.C.T.

Review

Instructions and Definitions

Switchboard arrangements S.T.D. Trunk call - approval " " " " Economy in use Excessive use Approval S.T.D. use

Circular No.

78

32

2

85

14

138

119A

104 107 128

4/74 20 34

3655 120 88

15. 4

25. 2

26. ~

14. 'j

2.1~

1 •.

14.

28. ; 6. : 3.1:

2.1 31. 25. 16. 10. 16. 1.

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Circular No. lSSUE

TWSFERS of P.S.R. and Probation files 139 13. .,

'"

TRAFFIC RECORD Infringement of probationers 27. t ATailability of 27. €

TYPISTS Use of 20. J

!C WORKERS Compensation Act-Injuries 87 30. ~

WORK RELEASE Assessment of suitable persons 24 3.1J Special outdoor work prisoners 66 4. ;

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PROBATION

A. PRE-SENTENCE WORK

Sources of work

Court procedure requires that, prior to any person being dealt with for an offence to which he has either pleaded guilty, or been found guilty, the police shall present to the Court his "antecedents"; that is, a statement either of his past criminal record or that he has no prior convictions and a statement of his present circumstances and social and employment background. With regard to personal facts about the offender it is incumbent upon the police officer merely to relate to the Court what the offender has told him. This background information and verification of criminal records is called the police antecedent. A written ante­cedent re~rt is prepared in relation to indictable offences. In the summary jurisdiction, the information is given verbally to the Court by the police prosecutor.

In relation to indictable offences it is police administrativ procedure to forward to this Service a copy of tne antecedent repo

Police antecedents received through this procedure are examin by a Senior Officer who notes for filing those which appear to be unsuitable cases for Probation attention and refers those which appear to be suitable to the appropriate Head Office Section or District Office for follow-up action.

Normal follow-up action consists, in bail cases, of a standar letter (known as "first letter") being sent to the offender to invite him to co-operate with this Service in the preparation of a Pre-Sentence Report and suggests that he discuss with his legal representative the invitation extended by this Service. If no reply is received, a reminder (ttsecond letter") is sent before filing the papers.

In custody cases, an officer will visit the offender, advise him of his right to request a report and suggest he take the decision in consultation with his legal representative. If an offender has no legal representation care should be taken to ensure that he is made fully aware of his entitlement to seek the

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services of the Public Defender. Should he be ineligible for the services of the Public Defender and unable or unwilling to obtain legal help privately, he should be given a careful and detailed account of the nature of a Pre-Sentence Report and its function in the Court so that he will be in the position to make an informed judgement himself as to whether or not he should request that a report be done.

This follow-up action may be suspended, or varied by executive direction, from time to time "Then circumstances restrict the abili t~ of this Service to meet all requests for Pre-Sentence Reports.

In relation to indictable offences dealt with in the District Court (Criminal Jurisdiction), requests may be made by the offender, family members or his legal representative that a Pre-Sentence Report be prepared, whether or not a "first letter" has been sent. Such requests are met whenever possible.

Please note that "request" Pre-Sentence Reports are applicable only at the District Court (Criminal Jurisdiction) level. No such procedure exists in summary jurisdiction where the Magistrate has the sole right to involve an officer of this Service in any matter for report or for any other purpose. No officer should present any information to any Court of summary jurisdiction unless he does so following a specific request originated by the Presiding I~gistrate. There is a procedure to follow, however, when a probationer appears in a Court of Petty Sessions for sentence for a fresh offence (see below).

If an offender has a legal representative, whether it be Fublic Defender or private solicitor and iffue request for a report has not been made d.irectly by the legal representative, no report should be commenced until the offender's legal represen­tative has concurred with the request. Always, however, the final approval to commence a report rests with the offender.

A great number of Pre-Sentence Reports at present are not "request" reports but are directed by the presiding Judge or Magistrate who will have remanded the offender specifically for that purpose. All such reports are to be done, this being a mandatory duty of the Probation and Parole Service.

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A Pre-Sentence Report must also be prepared for theinformatiol of any Court if a current probationer is to appear for sentence on a plea of guilty. It is the duty of his supervising officer to be present with a report at the time of sentence. It is not always possible in the summary jurisdiction as the matter may be dealt with before a "notice of arrest" is received or before the probatiol has had the opportunity to notify his supervising officer of his arrest. In such cases the presiding Magistrate may remand the matter to a later date for the Probation and Parole Officer to be present with a report, or he may elect to deal with the matter without reference to this Service. This is the perogative of the Magistrate. The Pre-Sentence Report, when prepared on a current probationer, is handed to the Police Prosecutor prior to the Court sitting.

In the District Court (Criminal Jurisdiction) it is a mandatory responsibility of the Probation and Parole Officer to be present when a current probationer appears for sentence. Two copies of the Pre-Sentence Report are to be given to the Crown Prosecutor before the opening of the Court with the explanation that the report has been prepared as the person appearing for sentence is a current probationer.

Pre-Sentence Reports may occasionally be requested in the Juvenile jurisdiction (Children's Court) and the Supreme Court. These are done only at the instigation of the presiding official.

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Pre-Sentence Investigation and Report"

Initially a pre-sentence report is prepared in order to providE lfagistrates, Judges and Justices with information and opinions abou1: offenders which can assist in deciding upon the most appropriate sentenoe in individual cases.

However, in p:reparing the report an officer is also getting inf'ormation and making contacts which will a.ssist him in formulat~ and executing a "treatment" programme should the offender become a probationer 0

In order to be in the best possible position to make supervisi( and guidance a meaningful and profitable experience for an offender l

it is essential to know as much as possible about his individual development, overall social histor,y and about the accepted vales in his particular societal setting.

A pre-sentence report is not prepared to assist the offender, the defence counsel or the prosecution. Nor is it concerned with the issue of guilt or innocence. It is prepared only in "sentence" matters.

The probation officer has a primar.y responsibility to the community, through the Court, at this stage.

Allocation, Reg i stra.t ion, Correspondence.

The following procedu;re converts the police antecedent, on "request" for a report, to a current pre-sentence assignment.

a) Allocation by Senior Officer

b) Registra.tion by Records Officer

c) Check against double registration and aliases

d) Attachment of

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1) Pre-Sentence Investigation Cover Sheet

2) Statistics Sheet

3) ~ relevant AND/OR previous papers (including parole papers)

e) Forwarding of appropriate correspondence (where applicabll by Records Officer.

1) First letter; Second (follow-up) letter

2) Letter for appointment

3) Acknowledgement to solicitor

f) Piacement with officer for report.

Preamble to Investigation

Prior to a report being' undertaken the offender must be advis~ that he alone has the power to give consent. (It is open to doubt that & Couxt has the power to order an offender to consent to a report being done, particularly where he is reluctant to give information about himself.) He is not bound to accept legal advice I

The o.:rfender must be advised that the purpose of the report is to assist the sentencing o.:r.:ricial and that all relevant facts, favourable and unfavourable, will be included.

Be should be advised that~ on electing to have a report done, he cannot place restrictions upon the officer to prevent him from interviewing pa:rticular individuals. There is some room for discretion here, but the officer must decide whether important and relevant information is likely to be denied to the Court.

!'he offender should also be made aware tha.t his election to no~ have a report ~ be over-ruled later b,y the sentencing official.

It should be made olear tha.t the completed report would be madE available, at the time of sentencing, to the Judge (Justice or Jlagistrate) the Crown Prosecutor and. the defence counsel (or the offender, if unrepresented) to be read silently in Court. The

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Proba.tion Officer is under oath when presenting the report and may be subject to examination by the Judge, defence or prosecution.

The offender shotud be told that there is no charge for the completed report.

It is usuru. pra.ctice for officers to have read the depositi.ons, and police antecedents prior to the initial pre-sentence inte:rview with the offender. TI1.i.s enables the officer to be aware of the official fe,ets of the offence, the invol v enI ent of co-offenders, the existence of a schedule of other offences, the victim's account of the offence, a.!\Y cla..iIns for compensation, the existence of psychiatric or medical evidence, the offender's own offie1el account of his involvement and attitudes at the time of arrest and his unverified account of his baclcground given to the arresting officer.

Some officers elect not to read the depositions and antecedent: until after the initial pre-sentence interview, on the grounds of having a completely open mind regardine the offender.

Interv:i~ws and Enquiries

The personal history form provides a structured approach to thE enquiries to be made. The form has been developed over a period of time to provide a guide to most of the axeas of experience and influence found to be significant in the development of personality and conduct.

The form traverses areas in a roughly chronological order and though not intended to be bindil'"'..g on officers, is a. useful method of making cormections between relevant phases of a person's life.

It reminds an officer not to overlook any areas and prompts hil to defer deciEdons on what is relevant until he ha.s made at least a preliminary investigation of the particuJ.Hr area.

There are many ways to approach pre-sentence investiea..tions bu' the essential essence is to obtain evi<';ence from fonr major sources

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a) The offender himself,

b) Significant people in all areas of his activities,

c) Significant organisations and agencies with which he has had personal contact.

d) The societal, and sub-societal, structUl.~e and values within which he moves (or has moved).

In gathering this evidence the officer is endeavouring to identify the influences, experiences and inter-actions (or lack of them) which have led to the offender's present stage of personal and social development and to the behaviour for which he is abou.t to be sentenced.

It is important to focus at all times in pre-sentence work on the person in relation to the offence and the offence in relation to society. This keeps the report relevant to the sentencing process, for which it is primarily prepared. It is easy to wander into areas which are properly the province of post-sentence work and this should be resisted.

However, as the pre-sentence investigation provides the initia in-depth contact with the offender am. those who have had a signifi~ influence upon him, the pre-sentence file should record any details which may be of assistance in the post-sentence work, should the offender be placed under superv:i.sion. These should be in the file but not in the report.

In gathering information an officer should see as many signifil people as possible to obtain a balanced understanding of the offendl Various persons have particluar understandings of the offender in particular situations. It is the provision of a "whole" picture of the offender, verified b,y those who know him personally, which make the pre-sentence report such a valuable instrument for the sentenci: official. The wider the inquiries the better chance to avoid biasel inf onn at ion.

It should be emphasised that face to face interviews are prefe to telephone calls or correspondence. This makes for far more accu

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and fuller intor.mation and enables the establishment of personal contacts which will be helpful in post-sentence work.

If, during the gathering of pre-sentence material, it becomes apparent to an officer that the offender may need psychiatric examination or treatment, he must not refer the offender. In cases of severe disturbance, the officer mB¥ advise the defence counsel and/or the Crown Prosecutor so that either m8f take whatever action be considers necessary in the light or his responsibilities. In any case, the pre-sentence report should indicate the desirability of psychiatric assessment and the Court may then direct such assessment.

Officers should avoid forecasting sentencing decisions, either directly or indirectly (through word, action or arrangements). Incorrect guesses can be cruel to offenders and their families.

It is polic,y that all pre-sentence reports (even abbreviated ones) be presented in typewritten form unless absolutelY unavoidable Verbal reports are only given under special and urgent circumstancee

The Repou_

When all the enq~1es are oompleted, the officer analyses all the information and presents those facts which characterise the offender's personality, values and life-style and indica.tes how and w~ the offender became involved in the offence. Additionally, if possible, some indication is given regarding the offender's future plans and prospects.

It is important that the officer is aware of the general val uef and standards characteristic of the community and the partioular legal standard breached by the offender.

The report is written in the third person for the sake of objectivity. It should be impa:rtial, non-moral, unsentimental and should avoid scientific and prot~ssiona.l lw..guage. Where infonnatic in the report is obtained only from the offender, the report should clearly state that the offender is the sole source of the ini"ormatic

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Adverse infonnation about the offender, or other persons, shou be carefully corroborated before being included. Also its inclusio must be strictly relevant.

Where co-offenders are involved, consultation with officers preparing related reports is imperative. This m~ avoid conflictin accounts or claims.

Where information in a pre-sentence report conflicts with that in police antecedents, psychiatric reports or other reports, the offioer should advise the author of the other reports, BEFORE the case is heard and sentence is considered.

An officer should demonstrate in appropriate reports that he is aware of other offences to be taken into account on a schedule II These other offences are indicative of a wider involvement in criDm and possibly of a greater devia.tion frOD} normal social standaxds.

It is important not to leave out relevant parts of other reports, e.g. antecedents, psychiatric reports. The report should stand as a "whole" document as copies of it are used by other authorities for other purposes, e.g. Parole Board, Classification Committee.

Pre-sentence reports are examined and evaluated by Senior Officers, to ensure accuraqy, clarity, relevance, objectivity and oomprehensiveness. The Senior Officer reads it as would the sentencing official, without a personal knowledge of the offender or his significant associates. In this way the quality of pre­sentence reporting is maintained. Senior Officers should amend reports in consultation with the officer presenting the report. Amendment should not alter facts or present materiaJ. in a marmer not intended by the writer. Officers signing reports must accept full responsibility far all material contained in the repo~~.

Presentation of Reports

a) District Court (Criminal Jurisdiction)

Two copies are handed to the Crown Prosecutor (or his

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representative) prior to the opening of the Courte The original is handed to the Judge when the officer is called upon to do so in the witness box.

If an offender is unrepresented, the report should be read by him, or read to him by the officer before the case is called. Care should be taken to ensure that illiterate offenders fully understan the contents of a report.

It is considered prudent not to discuss the contents of a report before the plea is taken.

Copies of the repo~~ should not be given to the police or other interested parties.

It is -usual for an officer to s8¥ all he ha.s to s8\Y about an offender in his written report. Try to answer questions in the witness box by relating them to material in the report or in the file. Avoid expressions of opinion other than those clearly substantiated by material in your possession.

b) Petty Session@.

Consul t with the Police Prosecutor prior to the case being called to decide how your report will be presented. There is some vari&tion of practice from Court to Court.

c) Appeals and Supreme Courts.

Consult with Crown Prosecutor (or his representative) re preparation and presentation of reports in these jurisdictions.

Post Sentence

It a pre-sentence client is sentenced to a term of imprisonmen it is good probation practice to see the offender briefly to explai: what has happened in Court and to prepare him for the period of imprisonment. It will also assist to 183' the groundwork for future parole work, both with the offender and his family.

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It is helpful in particular cases to notif.y the offender's faJIlily, his employer or other parties who may have an interest in knowing the outcome of the case. In many cases this work will be done by the offender's legal adviser, however, officers should ensure that it is not left undone.

In cases where offenders are released on probation, officers should be careful not to become involved with the offender or his friends and family in the Court precincts.

Duty Officer - Probation

By arrangement with the Chairman of the District Court Judges, pre-sentence reports are presented in ~dney District Courts through a Duty Officer system. This s,ystem aims to free Probation and Parole Officers from attendance at Courts in all cases except those deemed by an officer and his Senior Probation and Parole Officer to require personal presentation of a report.

Thiss.ystem also applies to the presentation of pre-sentence reports at suburban District Courts and Courts of Petty Sessions according to principles agreed upon between the presiding official and the officer-in-charge of the relevant District Office of this Service.

The details of the system axe outlined in Probation and Parole Service Circular No. 6/74.

It is important to ~emember that the interests of the offender: the Courts, the public and this Service should not be prejudiced by this sys~em. The primary responsibility still rests upon the field officer to exercise his judgement in deciding on the a.ppropriate action.

1!Q.'!'!: The procedure to be followed by individual officers in presenting their own repo1~s is set out in the Section of this manual headed "PRESENTATION OF REPOHl'S".

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~es of Recognizances

(1) Section 556A of the Crimes Act of N.S.W.

(2) Section 554 of the Crimes Act of N.S.W.

(3) Section 558 of the Crimes Act of N.S.W.

(4) C.W.D. Mandate under the Child Welfare Act

(5) Recognizance of bail under the Justices Act

(6) Section 20 recognizance of the Commonwealth Crimes Act

(7) Common Law Recognizance.

(1) Section 556A

A conviction is not proceeded with under this Section. The Court ~ either dismiss the charge or discharge the offender upon his entering a recognizance to be of good behaviour for a period not exceeding three years. The offender may be called upon to give a verbal undertaking to accept certain additional conditions such as supervision by the Probation and Parole Service. In SOl::le cases undertakings gi van verbally in Court are not typed on the recognizance but this is immaterial.

There is no direct provision for a probation breach but a "report of the facts" may be made by a police officer to the magistrate if a further offence within the period of the recognizanc has been proved, when the magistrate will either proceed to convicti and penalty or direct no action.

Salient features of this recognizance are that the offender is not convicted, a.l though the offence is fow1d to be proved and detail are recorded at the Fingerprint Bureau. The Magistrate must be satisfied that there are circumstances justifying the use of the Section. Considerations which are relevant are the trivial nature

)

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of the offence, previous good character, the special circumstances of the offence, age, ill-health, etc.

(2) Section 554

A conviction is recorded and probation m~ be included by w~ of undertakings given as a condition additional to good behaviour.

This recognizance must be for a period of not less than one year and not more than three years. Unlike Section 556A, a fine m~ be imposed in addition to the requirement to enter into the recognizance. A term of imprisonment ~ be specified as the penalty for failure to enter into the recognizance. This is not a suspended sentence. The offender m~ exercise the option.

There is no direct provision for a probation breach but a "report of the facts" mB\Y' be made by a police officer to the magistrate if there has been a further offence proved wi thin the period of the recognizance when the magistrate ~ direct either "no action" or the forfei t4-.. e of the recognizance. This is a monetary penalty only in the sum of the recognizance.

(3) Section 558

This Section is applicable if the offender has not previously been convicted of an indictable offence. A sentence is imposed but suspended upon the offender entering into a recognizance to be of good behaviour for a specified period of not less than twelve months. Should a further offence be committed during the specified period the fact that there is a breach is usually drawn to the attention of the magistrate by the police prosecutor immediately after the second offence has been dealt with. The magistrate then either imposes suspended sentence or directs "no action" in which latter case the offender is still bound by the terms of the recogni zance.

If the fact that a Section 558 recognizance is current is not drawn to the attention of the magistrate at the time, the breach m~ then only be dealt with by a Charge of Breach of bond being

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made by police officers who will arrest the offender on this charge and bring him before a Court to answer it.

Section 558 makes specific provision for probation and therefore failure to obey the reasonable directions of a probation officer JIl83' constitute a breach even though there m8\Y be no fQrther offence. Breach in these circumstances m~ be brought to the noticj of. the Court by means of an information laid by the probation officer whioh alleges breach. Forms used to "18\Y an information" are available at the office of the Clerk of Petty Sessions. Upon an information being laid the magistrate will consider whether to summons the probationer to the Court to show cause why his recognizance should not be forfeited.

A Section 558 reco,gnizanc$ c~ries an automatic condition that the offender report three-monthly, either personally or in writing, to the officer in charge of a nominated police station. Failure to do so m~ lead to perfunctory issue of a warrant and therefore the supervising officer should ensure that his probationer is aware of this responsibility.

(4) Mandate under tbe Child Welfare Act

Juveniles (under 18 years of age) are dealt with in Children's Courts and under the provisions of the Child Welfare Act. Juvenile Courts are aJ.w~s "closed" in that the Press and persons not involved in the matter before the Court are not permitted to be present. The:m.agistrate in trus jurisdiction may release a, young person conditionally (probation and/or other conditions) or release a young person conditionally upon suspending a committal (to an institution) •

If the magistrate considers sU'pervlslon by the Proba.tion and Parole Service to be more appropriate (usually by reason of age and maturity) than supervision by a Youth and Community Services Off:lc~r, be m&\y so direct. Authority for supervision is contained in the Court order referred to as a mandate.

~ failure to keep the conditions of the mandate must be

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reported in writing to the Department of Youth and Community Serviel Whatever further action m~ be taken is then the responsibility of that Department.

(5) Recognizance of bail under the Justices Act.

Magistrates and Judges are empowered to condition bail and probation supervision m~ be directed as a condition of bail. This procedure would generally be adopted where short term intervention ~J a probation officer seems indicated and where developments during the remand period or arrangements made for the offender (housing, emplo,yment, medical or psychiatric treatment) seem likely to assist the Court in its final decision.

The primary purpose of bail is to ensure the appearance of the offender to answer the charge on a specified date. In cases of serious concern that the conditions of bail are not being kept the supervising officer should discuss with his senior officer whether or not steps should be taken to break the remand. It should be noted that intervention at bail stage by this Service should only be directed if a plea of guilty has already been made.

(6) Section 20 of tlle Commonwealth Crimes Act.

In relation to offences against this Act, under Section 20 a. magistrate m~ discharge an offender conditionally "without passing sentence" and conditions may include a direction to submit to the supervision and guidance of the Probation and Parole Service

A failure to comply with conditions should be reported to the Commonwealth Police who m8\Y' then charge the offender with Breach of Recognizance and bring the matter before the original sentencing magistrate for consideration. Note that under this Act a Breach of bond is technically a further offence which of course has to be proved.

For Commonwealth Crimes Act offences releases on recognizance m83 also be made under Section 19B of that Act but it would be

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unlikely that a release under this Section (which is similar in its effect to Section 556A) would involve aqy undertaking with regard to probation supervision.

(7) Common Law Bond-

The authori~r for all other recognizances is derived from statutory law, that is the power to act is vested in judges and magistrates by legislative enactment which defines the extent of the powers and the circumstances in which they may be exercised.

Judges' (not l~istratest) powers under Common Law are historic and traditional and have developed over many centuries of the practice of the rule of la.w in England.

What is known as the Common Law bond is therefore extremely flexible not having defined sta.tutory limitations. It takes the form of sentence being deferred upon the offender entering into a recognizance to be of good behaviour for a specified period and to appear and receive sentence if called upon. The recognizance m~ be subject to whatever additional conditions the sentencing judge ~ see fit to impose.

A Common Law bond is given by the Judge personally rather

1 than "the Court" impersonally and the sentencing judge will control the matter until the expiry of the bond. Thus any breach must be referred through the office of the Clerk of the Peace to

(

J the sentencing Judge. Any failure to obey the reasonable directior of a Probation Offioer ~ constitute a breach, subject alw~s of course to the reasonableness of the direction. Breach procedure is clear cut and ~ be initiated directly b.Y a Probation and Parole Officer.

(Please read in conjunction with the Section on Breach Reports).

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RECOGNIZANCES

Notes on Specific Conditions

( 1 ) Good Beha.viour - probationer is required to meet the nomal responsibilities of personal and social conduct in the communi ty • Basically this means remaining in empl oyment or beine lawfully maintained, meeting financial obligatioruJ, discharging family and/or marital responsibilities and generally abiding by society's laws.

(2) Medical includi cbiatric) - probationer is required to undergo such examination and or treatment as is specified for the sake of his physical and/or mental health.

It is important that responsibility for medical and/or, psychiatric opinions should rest with , qual.if1ed : practitioners -for that reason a minimum discretion rests with the Probation and Parole Officer. It is policy that in every case where medical or ps.ychiatric treatment is a condition of a recognizance, ~ examination should be arranged to determine whether treatment is necessar,y or not.

(3) :&1ploment - probationer is required to be self-supporting ana to be responsible for the economic support of his dependants - this must be done either through regular empfoyment or through recognised. &1 ternatives, such as pensions or o-nher social benefits.

(4) , ~bstinence (partial or total) - proba.tioner is ,required to limit or a.void intoxicating liquor or drugs beca.Use he -has demonstra.ted a consistent failure ,to cope satisfactorily with his affairs, through intemperance.

(5) Compensation and fines - probationer is required to make good the losses susta.ined by "victims" through loss or damage to property or person. Probationer has Bersonal responsi bil i ty to make pB\Ylllent s, as directed, to the

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Office of the Clerk of the Peace (District Court matters), the appropriate Clerk of Petty Sessions (in Petty Sessions matters), and the appropriate officer of the partioular Children's Court (in Juvenile matters).

(6) Associations - probationer is required to avoid suoh persons and places as the Court directs. This oondition aims at minimising the influence of persons and places deemed to have an adverse effect upon the offender.

(7) Residence - probationer is required to reside (or sometimes not reside) in a partioular plaoe of acoommo­dation or a particu~ar geographical place; again beoause of the adjudged influence of the specified accommodation or place.

(8) Reporting - probationer is required to report to his supervising officer as directed - he may also be required to report to a specified police station or to some other person or agenoy. Where multiple reporting is specified, the supervising Probation Officer oarries the responsibility of influencing his probationer to report to each speoified person or agency.

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B, SUPERVISION AND GUIDANCE

The facilities for close superv~slon and guidance provided by the Probation and Parole Service constitute an effective means of minimising any threat to public interest involved in the release of offenders while maximising the offender's opportunities for better personal and social adjustment. In this section, the functions of the supervising officer as determined by the condition of various forms of recognizances and the legal procedure which directs offenders to submit to the Bupervision of this Service, will be outlined.

SURervision

A recognizance requires that a person shall be of good behavio for a specified period of time and, despite the apparent simplicity of the term, it covers a wide area involving all aspects of human relations within society and, therefore, it is essential that the probationer is fully aware of his obligations within the terms of "good behaviour".

The role of the Probation and Parole Service, in relation to society and the individual, must be fully explained. The probation must be made aware that the supervising officer is similarly bound by the conditions imposed by the Court in that he is to ensure that any order stipulated in a recognizance is carried out. Despite this authoritarian aspect of supervision the emphasis is on the probationer imposing measures of self-restraint and developing qualities of industry and social responsibility. Good probation practi~e is directed to achieving progressive goals rather than autho~~tative restraint, nevertheless, in the early stages, the supervisory aspects of probation are often a restraining factor until more positive methods can be appreciated.

The probationer is required to report in person to his supervising officer at such times as determined by that officer. If a person is placed under supervision without the benefit of a pre-sentence report then it may be reasonable to require the

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probationer to report at least once a \":eek. After the supervising officer has verified certain aspects of the probationer's backgroun and has gained some insight into his client's attitudes, he is at liberty to reduce the frequency of reporting to once monthly. In cases where a report has been prepared, weekly reporting may not be necessary and the supervising officer is permitted to nominate the frequency, not less than monthly, of the probationer's reportin

Any recommendation made by the supervising officer that a probationer be permitted to report less frequently will be con­sidered by a Senior Officer. Some relevant considerations are the length of the bond and the proportion unexpired, the degree of confidence held in the probationer's stability and sense of responsibi1i~ and whether or not continual monthly reporting may serve any oonstructive purpose within the working frame of refer­ence of a probation practice.

Courts sometimes direct that a person may be discharged from supervision after a specified period or at the discretion of the supervising officer. Discharge from supervision is granted by the Director of the Probation and Parole Service and is restricted to cases where there is evidence of positive change in attitude and tangible evidence of stability.

Guidance and Counselling

Presenting problems are likely to be poor social adjustment, inadequate moral sense, deviate mental condition, undesirable associates, instability in employment and inadequate personal relationships. The supervising officer, through his own abilities contacts, both in employment and cultural fields, and use of community resources should follow a programme aimed at developi~ the probationer to a stage where he can handle social situations without indulging in anti-social behaviour. It may be possible to have the probationer consider realistically the deficiency revealed and to encourage him to take appropriate corrective actio

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It is also possible to have families and others who are in close contact with the probationer to look at the total environ­ment surrounding the probationer and to take positive action to modify adverse situations. Counselling of both probationer and family can improve family life and for this reason the supervising officer should make regular visits to the probationer's home or remain in close contact with people who can provide constructive assistance.

Employers who are aware of the probationer's conflict with the law can also make a substantial contribution to the better adjustment of a person within society. Lack of job satisfaction can cause frustration and result in work instability and anti­social behaviour. Public authorities such as Commonwealth Employment Service, Vocational Guidance, Technical Colleges, organisations whicl1 contribute to adult education and contacts within private enterprise established by a supervising officer should be used to a maximum. Personal contact is encouraged as this usually results in wider knowledge, better co-operation and assistance.

It is also essential that the Supervlslng officer have full knowledge of resources such as medical, psychiatric, cultural, sporting, and any type of organisation which could help develop positive goals and prevent a person reverting to anti-social behaviour through aimlessness and boredom.

The Court may make an order which requires a probationer to undertake psychiatric examination and/or treatment if so directed by the supervising officer. It is the practice in these cases to refer the probationer for psychiatric assessment and to be guided by expert advice on the question of treatment. Problems are often encountered where orders are made requiring probationers to undergc treatment at specified institutions. It should always be remembert that institutions reserve the right to decide whether a person neec treatment and the appropriate method of treatment.

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The superv~s~ng officer does not have the right to impose his own standards on a probationer and he must always remember that normality has various shades and despite differences in morality, ethics and behaviour, people can still function within society without coming into conflict with the law. The probationer has the right to choose his own associates, his leisure interests and whether he seeks medical treatment, provided it is not in opposition to a direct order by the Court, and especially if he does not present as a threat to society or to himself.

Supervision and guidance is challenging work. The supervising officer must use his personality and counselling skills as well as resources provided by the community. It should be accepted that the supervi~ing officer is not an expert in all forms of treatment and counselling and he should be aware of his limitations. He should always be prepared to use organisations and people who have the expertise and resources to cope with a specific problem or fulfil a certain need. The supervisL~ officer should always remember that he has a responsibility to society as well as the individual. Although the aim is to develop positive qualities and social responsibility within the probationer, the other main function of this Service is to ensure that the conditions imposed by the Court are kept and that the rights of society are protected.

Inter-State Supervisio~

By agreement with all other Australian States and the Commonwealth, arrangements exist for reciprocal supervision of probationers and parol~~.

It is as well to bear in mind that mere residence in another State or Territory is not enough to assume that reCiprocal super­vision can be arranged. Usually supervision will be undertaken only in those districts in other States normallz serviced by the respective States.

For example: if a Western Australian probationer lives at Menindee, New South Wales, supervision would not be undertaken by the New South Wales Service. If in doubt, write to the inter-state Service concerned.

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Where it is desired that supervision of a New South Wales probationer be undertaken by an officer from another Service, the following procedure should be followed (time permitting):

A letter should be prepared for the signature of the Director, Probation and Parole Service, briefly outlining the probationer's situation and requesting that supervision be undertaken. The letter should include a request for four-monthly advice on the general progress of the probationer.

The letter should be accompanied by a copy of the recognizance j

a short account of the offence and a Social History. These docu­ments, and the file, should be forwarded to the appropriate Regiona: Director for his perusal, prior to his signing the letter on behalf of the Director.

All subsequent correspondence concerning supervlslon normally would be between the supe~vising officers located in the relevant two States. Correspondence concerning supervisory matters should be addressed to the Principal Officer of the relevant inter-state Service, marked for attention of the appropriate supervising officer. These letters should be signed by the appropriate Officer· in-Charge or Senior Probation and Parole Officer on behalf of the Director.

In instances where the probationer is being supervised at a regional or district office in another State, the letters should be addressed to the Officer-in-Charge of that office, e.g. Launceston, Rockhampton, etc.

In those special cases where urgent action is required to place a probationer under inter-state supervision, Officers-in­Charge or Senior Probation and Parole Officers approval should be obtained for making arrangements by telephone, to be confirmed by correspondence, in the usual way, as soon as possible.

In cases where an officer of this Service is supervising a probationer on behalf of an inter-state Service, prompt advice should be forwarded to the inter-state supervising officer should

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contact with a probationer be lost, or upon the arrest of a probationer on a fresh offence.

On termination of probation (by completion of period of supervision or by breach action) a short report should be forwarded to the inter-state supervising officer for his record.

The procedures concerning probationers who breach the con­ditions of their New South Wales recognizances whilst in other States are set out in notes on "Breach Action".

Country Reporting

(In New South Wales - or in country areas of other States where personal supervision is not available).

Unless otherwise required under the terms of a particular recognizance, a discretion exists for a Probation and Parole Office to allow a probationer to reside and work away from the supervising office area: e.g. a "Hurstville" probationer may be allowed to move to West Wyalong.

In such a case, the supervising officer should satisfy himself that the move is in the best interest of the probationer but also that the interests of the community and the Service are not prejudiced by the move.

Care should be taken to ascertain, where possible, that the probationer has suitable accommodation and employment in the pro­posed country area and that he has sufficient resources to make the journey.

In particular cases, conditions of a recognizance may precludE approval being granted for a country move: e.g., a condition requiring continued psychiatric treatment.

When approval is granted adequate provision should be made

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for reporting by the probationer. This may be either by direct correspondence with his supervising officer or, if appropriate, by face to face contact with a local Child Welfare Officer in New South Wales.

The procedure for arranging supervlslon by a Child Welfare Officer, on behalf of this Service, is as follows:

A letter is written to the Director, Youth and Community Services Department, Sydney enclosing a copy of the pre-sentence report (if one has been prepared), a copy of the recognizance (if available), and a supply of progress report forms. The name and office of the Probation and Parole Officer supervising the case should be included in the letter and a request made for periodic progress reports. This letter should be signed by the Officer-in-Charge or Senior Probation and Parole Officer on behalf of the Director, Probation and Parole Service.

If a pre-sentence report has not been prepared, a report containing all significant available knowledge of the probationer should be prepared, to accompany the letter to the Director, youth and Community Services Department.

All subsequent correspondence will be between the Probation and Parole Officer assigned to the case and the appropriate Child Welfare Officer.

In the event of a breach or a progress report becoming necessary during the period of supervision, such reports will be prepared by the Probation and Parole Officer from information supplied by the Child 'tie lfare Officer.

Extended Reporting

Unless otherwise stated in a recognizance, discretion to determine the frequency of a probationer's reporting is the responsibility of this Service.

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In suitable cases, the superv1Slng officer recommends appropriate reporting conditions to his Senior Probation and Parole Officer or Officer-in-Charge. For example, he may recommend three­monthly reportL~g.

After reviewing the case history, the appropriate senior officE either approves the recommendation or discusses the case with the supervising officer to explain why approval is not granted.

Should the supervising officer not be convinced of the need for continued tlclose" supervision, the matter should then be for­warded to the Regional Director for determination.

As a general ~lide, it is usual for a person to have completed at least a third of the total supervision period before recommendat: is made for extended reporting. However, each case is considered on its merits.

Other variations of reporting, such as telephone, corresponden l

or increased reporting, are also available in appropriate circum­stances.

Notice of Arrest

By arrangement with the Commissioner of Police, the Officer­in-Charge of the Central Fingerprint Bureau forwards to Head Office of this Service, a notice of arrest of all persons on probation who commit further offences during the currency of their recognizanc

It is usual practice for advice of receipt of these notices to be tele~honed to District Offices immediately and for the notice then to be forwarded by mail to the office concerned.

On receipt of advice the supervising officer should contact the arresting officer to acquaint himself of the facts of the offe~ If the case has not been dealt with the officer should prepare a report for the sentencing Court. If the matter has been dealt witt by the Court, by the time the notice of arrest is received, the

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details of sentence should be obtained and recorded in the case history.

It is important that supervlslng officers obtain details of fresh offences so that they:

(a) are aware of continuing illegal behaviour, (b) are able to take appropriate action, and (c) are able to demonstrate to the probationer and other

interested parties (e.g. family, officials, employers etc.), their active interest in their probationers.

The Central Fingerprint Bureau is advised through the Records Sections of this Service (Head Office and District Office Records Sections) of all persons under supervision by officers of this Service. This includes those probationers being supervised by this Service on behalf of Inter-Btate Probation and Parole Services

On receipt of a notice of arrest of a probationer being supervised on behalf of an Inter-State Service, the appropriate officer of the relevant Service should be advised, both of the arrest and the subsequent Court action, to allow the appropriate action to be taken by that Service.

Other Reports

During any period of supervlslon, an officer may be expected to initiate or produce upon request, reports other than those already described. Categories of other reports are as follows:

(a~ Breach (b Progress (c Supplementary (d) Information - ("~ General

(i~ Case History (e) Termination

As with Pre-Sentence Reports, these reports need to be relevant to circumstances for which they are required, and consistent with

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confirmed information. They are in narrative form and over the Probation and Parole Officer's signature. All such reports must be first approved by a senior officer before being presented or forwarded under a covering letter.

Breach Reports (To be read in conjunction with notes on types of recognizances)

After an offender has been released on probation, with or without the Pre-Sentence Report, the Probation and Parole Officer maintains a responsibility (with some discretion) to initiate "breach reports" back to the releasing authority when a breach of the recognizance conditions occurs. In respect of New South Wales recognizances, breaches not usually initiated by this Service con­cern further convictions or failure to report to police (these are the responsibilities of the Police Department), and failure to pay compensation or fine (these are the responsiOlity of the Clerk of the releasing Court or that of the Clerk of the Peace, whichever is the case). On the other hand, where those authorities do not make such a report available and it is considered essential that the releasing Justice be informed, the Probation and Parole Officer may, with the approval of a senior officer, initiate a report.

Breaches reported by this Service are generally, failing to report in an acceptable manner or not satisfying, or refusing to satisfy, specific conditions of the recognizance, such as psychia­tric or medical treatment, non-association witll co-offenders, etc.

When such a situation occurs, it is usual that all information available will be forwarded in a format very much like a Pre­Sentence Report. If a Pre-Sentence Report has already been presente or if Breach Reports have previously been submitted, then the curren breach report need only contain a reference to the last report and details of the probationer's circumstances and response since that report.

In respect to those cases where a breach is reported by the other authorities mentioned, this Service may then be requested by the Clerk of the Peace, to furnish a breach report to accompany

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that authority's information to the appropriate Justice. If this situation exists, it is policy that the report will be forwarded within seven days of the request.

Should a probationer be required to appear at Court for sentene during the period of recognizance, the Service is expected to pre­pare a full Pre-Sentence Report on the offender. The leading para­graph should contain a short statement as to how and when the probationer came under the notice of this Service. The Prosecutor is then notified of the Probation and Parole Officer's attendance in the Court room and if the Presiding Justice invites a report, it may then be presented. Needless to say, it should be an up-to­date report, incorporating all previous reports and including a reference to the offence which is then being dealt with. It is inappropriate to present to a Court a report which has been preparea for another Court and a different offence.

When a probationer is being supervised on behalf of another Australian State, this Service undertakes to report to the Service holding the ultimate probation authority, all breaches as they occur. It will then be a matter for that probation authority to decide whether or not to refer the matter to the releasing authority.

(b) Progress Reports

At the time an offender appears at the Court, the Court may request that a report be made available at a specified future date to show what has or has not been achieved in the period. Generally, this occurs when some specific ma~ter is of concern or interest to the Judge or Magistrate and if it is his desire to continue an interest in the case for a limited period. An example may be where a probationer promises (not as a condition of the bond) to do or omit to do certain acts, e.g. settle civil debt; return to his wife and his responsibilities; not contact the family; return to another State within a period etc. By so doing, the Court is made aware of the probationer's specific actions and whether the undertakings have been honoured in accordan( with the spirit in which the recognizance was given. Again, the

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content of the report should depend upon the circumstances. It may be felt that only a minimum amount of information is necessary, e.g.J.B. left Sydney airport on 1.1.73. and it has been confirmed that etc. etc.

Or then again, in some cases a full report may be necessary, e.g. home situation changes, pS,ychiatric, etc. or where the Court orders compensation to be paid and directs that the Probation and Parole Officer fix a rate of payment. The Clerk of the Court or the Clerk of the Peace, whichever may be the case, may be advised as soon as possible as to the determined method and rate of payment etc.

Where a probationer is being supervised on behalf of another Australian State's Probation and Parole Service, it is an agreed policy that the supervising State will send a progress report to the requesting State each four months.

(c) Supplementary Reports

As indicated by its title, this type of report is used primari: to supplement information already submitted and where there has beel no reply from the Justice. Each begins with a reference to the report it is intended to supplement, followed by the necessary and relevant information that has come to hand. An example of its use may be where no decision on an adverse breach report has been received and the probationer's response has improved to the extent that action by the Justice is no longer felt necessary by the Probation and Parole Officer. In this situation its effect could be to nullify the previous report and so prevent further Court action. Further, a probationer who had absconded may have resumed contact and have continued supervision at a satisfactory level. In the case of a "call up" order and eventual appearance at the Court (which may take some considerable time), it is important to advise the Justice of any significant change in circumstances described in the main report. Officers should avoid giving verbal reports and policy dictates that the officer must have a written report readily available.

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1&) Information Reports

(i) General Information reports may be prepared at any time in order to satisfy any approved. request for information or may be initiated "Then it is felt that a situation (whether it be favourabll or unfavourable, but not a breach of conditions or undertaking) should be brought to the Justice's attention or to the attention of some other organisation or authority. A request from a Justice may simply seek to clarifl a particular situation such as: can the probationer afford the rate of compensation ordered? or, where the Justice required that the probationer be told something, e.g. warned, encouraged, etc., a reply is sent to the Justice reporting that the directions have been carried out. Perhaps it may be a simple request to make an inquiry at a specified place to clear up a matt~r of some concern to the Justice. Other requests may come from various authorities or organisations within or without New South Wales. The extent of the information given will depend upon an assessment of the minimum amount of information necessary for the recipient to complete his task and, in particular, having regard to the privacy rights of the probationer. Full reciprocai co-operation is extended to counterparts in other States or countri A request from another State may merely be to gather specific infor mation for the preparation of a Pre-Sentence Report by that State; to contact a probationer of another State believed to be living in New South Wales but within the districts served by the Probation and Parole Service; a prudent measure before a formal request is made for supervision to be undertaken by another State.

(ii) Case Histon type reports are prepared in a general social work format similar to the personal history form used by this Service. The sections of the report may have sub-headings inserted, e.g. family, education, employment, psychiatric, medical, and usually- contain all background information known about the offender which is relevant to the recipient's needs. The reports need not be written in narrative form but preparation should reflee the pr~essional attitudes of this Service. It is usual for Probation and Parole Officers to be more evaluative in these repori than is usual in Pre-Sentence Reports.

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When one Probation Service is requested to supervise a probationer on behalf of another Probation and Parole Service, it is mutually agreed policy that the initiating Service will forward full background information with the request letter. A convenient method of doing this is by forwarding a comprehensive case history. The forwarding of a copy of the pre-sentence report is to be avo ide as the pre-sentence report was prepared for a specific limited pur­pose. Information in a pre-sentence report usually only pertains to the matters before the Court or to answer some specific query by the Justice, whereas an overall social history is much broader and possibly much more valuable to and appreciated by the recipient e.g. a psychiatrist or other supervising Service.

(e) Termination Reports

Sometimes, the terms of a recognizance may include a proviso for an early release from the supervision conditions, if the officer in charge of the case thinks fit. Such approval may only be granted by the Deput,y Director, following a wri~~en submission for its exercise being forwarded by the Probation and Parole OffiCE per the Senior Probation and Parole Officer. If approved, the termination re port is forwarded by the Deputy Director to the releasing Judge or Magistrate setting out, in narrative form, a summary of the probationer's progress and achievements (or circum­stances) which justified the approval being given and, in particul~ a statement that the probationer has been discharged from the reporting obligation from a definite date.

If the probationer is being supervised on behalf of another Service, a final report (that is a combined progress and terminatic report) is forwarded to the requesting State. This report should contain a summary of the probationer's progress, attitudes, achieVE ment~ regularity of reporting, last date he reported, latest addre~ work, etc., during the term of the supervision. It also serves as formal advice that this Service has terminated contact.

General

Irrespective of whether or not all or some of these reports are being prepared, forwarded or considered, it is important that

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the probation supervision and guidance be continued as effectively as possible. The breach-reporting stage may be a critical time in which to effect a worthwhile change in t he offender, and so such opportunities should not be missed.

When, in respect to the New South Wales recognizances a report is considered by the New South Wales releasing Justice, one of three decisions are made:

No action is taken. Action is deferred. "Call up" is ordered.

If "no action" is ordered, then the case proceeds as before. This may include situations where cautions, encouragement etc. are directed.

If "deferred", a further updating report may be required.

If "call up" E directed, in District Court matters, a "notice to show cause why this recognizance should not be forfeited" is sent to the probationer by the Office of the Clerk of the Peace, and a copy is usually forwarded to the Probation and Parole Officer In the notice, a date and place to attend Court is specified. The probationer's failure to do so may result in a Bench 1varrant being issued for arrest.

In Petty Sessions Courts and Children's Court cases, the Probation and Parole Officer may be required by the Magistrate to attend the Court house and swear out an information against the probationer, alleging the breach of probation or other con­dition. A First Instance Warrant may be issued for arrest.

When the offender is brought before the Court, the Probation and Parole Officer must attend and may be called upon to formally present the breach report and be subject to cross-examination.

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P&~OLE

GUIDELIN~S ON PA..e{OL~ ~1JNCTIONS AN.J PROCEDUllliS.

Iwr ... {ODUCTION:

Traditionally the Parole Service offered a social work service to the Department. This entailed providing counselling, welfare and similar services to prisoners and car~ing out investigations relative to pending decisions on the release of a prisoner to con­ditional liberty. In most cases the relationship between the prisoner and the Parole Officer was a voluntary one, while those prisoners released on License under the supervision of Parole Officers, represented no more than one third of the total workload of any officer.

With the introduction of the Parole of Prisoners Act, 1966, work emphasis shifted from "voluntary" case work to the carrying out of the statutory responsibilities defined in this Act, which implements a precise parole policy and ensures parole consideration is given to all eligible prisoners and within a specified time­table. Main areas of work are:

i) Preparation of prisoners for release to conditional liberty under various statutes;

ii) Preparation and submission of Parole reports to the various releasing authorities;

iii) Supervision of prisoners released to license or parole;

i v) Nain taining links with voluntary community organisations interested in the rehabilitation of prisoners.

Notwithstanding this extension of statutory responsibilities, officers working in the parole function, particularly in institution must at all times be prepared to attend to the personal problems and welfare needs of any prisoner.

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LEGISLATION:

In principle, almost every prisoner is eligible to be consider for release to conditional liberty. The statutes which represent the legislative base of parole operations are briefly described below:

New South Wales Parole of Prisoners Act: A non-parole period (hereinafter referred to as N.P.P.) is the minimum period a prisoner must serve before being eligible for parole release. It confers no right of parole release. This decision is within the authority of the Parole Board solely.

Under this Act, it is mandatory that the sentencing Judge or Magistrate (except in special circumstances) specify a N.P.P. where the sentence imposed is not les8 than twelve months and discretionar,y for sentences of less than twelve months, in respect of which shorter sentences parole may be impractical.

The minimum N.P.P. is six months. It runs from the date the sentence is imposed and may not be back-dated, although the sentence m~ be.

Under Section 6 of the Act, the Parole Board is required to consider the release of any "N.P.P." prisoner on or before the expiration of the N.P.P. Under Section 6(2)(a)(i) a N.P.P. m~ be reduced if the Parole Board grants "Excellence Remission". In these cases the parole report may be required well in advance of the expiry of the N.P.P.

Section 6(3) makes provision for the re-parole of an offender who has been returned to prison on revocation of the original Parole Order.

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reported to the Police and the Parole Service was rarely involved. There is an increasing practice, however, to treat those declared to be habitual criminals in the samE way as any other prisoner eligible for release to conditional liberty, so that the preparation of a Parole report and supervision after release may be required of Probation and Parole Officers.

v) New South Wales Nental Health Act. Section 29. When a pers'on is found not guilty of an offence because of mental illness, but is ordered to be detained until the "Governor's Pleasure" is mown, he or she may ultimately be discharged to conditional liberty on a license issued under Section 29 of the lYlen tal Health Act. The parole functions and responsibilities are substantially the samE as those arising within the Parole of Prisoners Act, and Section 463 of the Crimes Act. The ItG.P. License tt usual] runs for five years. The license issued under Section 2~

of this Act is usually not so strict as other instrurnentt of conditional liberty.

vi) Child Welfare Act. Section 94. This Section of the Chil( Welfare Act is linked in with the Parole of Prisoners Ac· In some instances a person, under 21 years of age, who il sentenced in an Adult Court, and granted a N.P.P., may b4 transferred to the jurisdiction of the Minister of Youth and Community Services, by the Minister of Justice. In these instances, the Minister acts as the Parole Board and may issue a Parole Order on the expiration of the young person's N.P.P. If the young person, at the time of release, is still under 18 years of age, he will rema under the jurisdiction of the Department of youth and Community Services and will be supervised by an officer ·of that Department. On reaching 18 years of age, he is liable to be placed under the supervision of a Probation and Parole Officer. Most of these yo Lng persons are detained at hount Penang Boys f Training Centre and a close liaison which involves pre-release cOilllselling and

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Under Section 4(c) there will be occasions when the Parole Board will determine the N.P.P. and not the Court. When issuing a Parole Order, the Board has power to specij the conditions and duration of the Parole Order. It may require the parolee to be supervised Qy a Parole Officer.

New South Wales Crimes Act. Section 463. Any Court, when sentencing an offehder to imprisonment may recommend that the offender be considered for release to license, under Section 463 of the Crimes Act. This amounts to exercise of the ~ueen's Perogative of Mercy by His ~xcellency the Governor. This Section of the Crimes Act is also used to release life-sentence prisoners and any other person not covered by the legislation herein described, or who has been refused parole under the Parole of Prisoners Act. It is very rarely used for the earlier release of a prisoner who has a N.P.?

iii) New South Wales Prisons Act. Section 41(4). Under this Section of the Act, a license for a period not exceeding the unexpired portion of the sentence, may be granted by the Minister of Justice to prisoners being released by remission. It is generally used in connection with prisoners who require special care or who represent a special threat to the community and whose term of im­prisonment should be followed Qy supervision in the interests of the community. The decision to grant such a license may be made without prior involvement of the Probation and Parole Service (by way of preparing and submitting a parole report), but this Service may be called upon on short notice to advise the Commissioner of discharge, after-care and supervision arrangements for the prisoner concerned.

i v) New South Wales Habitual Criminals Act. Section 7. This Section of the Act provides that an habitual criminal ma:y be released to license after serving two-thirds or five­sixths of his sentence. Until a few years ago most prisoners under this Act, when released on license,

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preparation of case histories is maintained by Probation and Parole Officers located in the Gosford District OfficE The Department of Youth and Community Services is responsible for any pre-release investigations and post­release arrangements. If the young person to be released to parole is 18 years of age or more, a copy of the ParolE Order is served on the Parole Board. This legally transfers jurisdiction to the Parole Board. The Departmel of Youth and Community Services simultaneously forwards relevant reports and a copy of the Parole Order to the Probation and Parole Service.

vii) Commonwealth Prisoners Act. Section 4. Where a person is convicted of an offence against the laws of the Commonwealth, a N.P.P. may be fixed on his sentence under Section 4 of the Con~onwealth Prisoners Act. Persons convicted under Commonwealth laws are not always readily identifiable and care should be taken to establish ,'1hethe: a prisoner with a Ii.P.r. has been sentenced under the State or Commonwealth .Act. Offences such as bigamy, importation of drugs, illegal entry to Australia, breache, of post and telegraph regulations, etc., are examples of offences against Commonwealth laws.

Applications for release to parole under this ACt are dealt with Departmentally by the Parole Liaison Offic and sent to the Commonwealth Attorney General, A.C.T. for a decision by His ~xcellency the Governor General. Probation and Parole Officers will be required to prepare pre-release reports and to supervise Commonwealth parolee by delegation.

viii)A.C.T. Parole of Prisoners Ordinance. This ordinance relates to prisoners who have been convicted within the A.C.T. In intent, the A.C.T. Parole of Prisoners Ordinance is comparable to the New South Wales Parole of Prisoners Act and therefore Probation and Parole Officers' responsibilities will be no different. It

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should be noted, however, that there are no restrictions on the back-dating of sentence and N.P.P. and minimum ten of N.P.P. All applications and reports are sent through the Parole Liaison Officer to the Commonwealth Attorney General.

In the case of all Commonwealth and Terri tory prisoners to be considered for release to parole, the pre-parole reports must be submitted six weeks in advance of expiry of the N.P.P.

ix) Commonwealth Crimes Act. Section 19a. Prisoners convict under Commonwealth laws not eligible for parole release under either (vii) or (viii) above, may be considered for release on license granted by His Excellency the Governor General.

INSTITUTIONAL WORK.

1. General Procedures in the Institution.

2. Parole Reports.

3. Requests.

4. Voluntary Work.

5. Reception.

6. Classification.

70 Miscellaneous.

GENERAL PROCEDURES IN THE INSTITUTION.

lA Parole Officers are expected to know relevant prison regulations. The most important being that Under no circumstances should any document or matter be either

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given to, or taken from a prisoner without first obtaining the permission of the Superintendent of the institution.

B. The Superintendent at all times has total responsibility for the running of an institution. Officers visiting Institutions must alert the Superintendent to their presence as a courtesy and to allow the Superintendent to bring to notice any matter that needs the attention of a Probation and Parole Officer. These courtesies do not obtain to the same extent at the Long Bay Complex of Prisons, where there is a permanent probation and parole staff.

C. No information pertaining to release and other administrative decisions can be passed on to the prisoner without first obtaining the permission of the Superintendent.

D. Officers should introduce themselves to senior prison officers for security reasons and as a courtesy. This also allows for co-operation between Probation and Parole Officers and custodial staff, particularly in assessing prisoners for conditional liberty.

E. Officers should introduce themselves to the Gate-keeper and produce their identification. The Gate-keeper will usually be the source of information about obtaining prisoners for interview, but this procedure changes from institution to institution.

F. Officers visiting Institutions should work in close liaison with the institution clerical staff. All Institutions keep a "Non-parole Period Diary" which lists the expiry date of Non-parole Periods for all prisoners currently in that institution. This diar,y is generally the source point of work connected with reports required by the Parole Board. If in doubt about

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information contained in the Non-parole ~eriod Diar,y, consult the prisoner's llarrant. The diary should constantly be referred to for alterations, either additions (new arrivals) or deletions (prisoners transferred elsewhere), and checked against the future agendas received from Head Office. See separate section headed "Administration Procedures l1 •

G. The duties performed within the Institutions are outlined hereunder.

iii)

iV)

v)

vi)

Irrespective of Jurisdiction, the same format (appendix is used for all reports pertaining to the question of release to conditional liberty with the exception of reports required under Section 6(3) of the Parole of Prisoners Act. (See hereunder separate section on Section 6(3) Parole).

Before interviewing the prisoner in relation to the Parole report obtain or create the case history which should include records as follows:

A Backing sheet brought up to date from the \{arrant and Description Card held at the Institution.

Reception Intervie"T form (usually available), and Reception Date form where supplied.

Classification Committee Report(s) in cases where the prisoner has been seen by the Committee.

Pre-Sentence Jeport where available.

Copy of psychiatric reports where available.

All prior reports prepared by the Probation and :Parole Service during current and/or prior sentences.

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vii) All past records of interviews, referrals to Civil Rehabilitation Committees, home visits, etc.,

viii)AlI past parole records.

ix) A summar,y of any other relevant m~terial that may be recorded on the Warrant.

D. Under the heading "SIGNIFICANT SOCIAL BACK'}~OLlNDtt

state the prisoner's age, family status, education, current marital status and situation, and brief chronological outline of problems experienced in upbringing. Also outline social and employment habits and relate them where it is significant to the prisoner's criminal behaviour. The prisoner's statements should be corroborated by a home visit to the prisoner's next of kin and other significant persons.

E. Under the heading "RELEVANT ATTITUDES OF PRISONER", should be included a summary of his attitude towards his offence(s), his imprisonment, conditional liberty, his family and to any other factor which m~ influence his behaviour.

The interviewing officer is warned to be wary of expressing snap judgements in this section. The use of the opportunities that the prisoner has been afforded for training should also be mentioned.

F. Under the heading "FlfrURE PLANS", each sub-section is dealt with separately. "Accommodation" is a statement merely of the parole plan of the prisoner as to residence and its suitability. The actual address should be included if available and a brief statement about relatives or others with whom he will be living. It should be stated if a prisoner can not nominate a specific address. What assistance this Service can provide in helping locate suitable

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accommodation, and what referrals are intended should be added.

"Employment" is treated similarly. Reference is usually made as to whether or not the prisoner has any specific skills.

Under the heading fI.p.DJ.{JCmAL COW1'ACTS IN rpHE COI·il'J~UI~l'rY",

it is expected that brief reference be made to the· social support a prisoner can expect upon release. The involvement of a Parole Advisor, or Civil Rehabilitation Committee should be considered and reference made to the desirability and practicability of help of this kind.

G. Additional Clauses.

Generally under this heading the Board is requested to impose clauses additional to those already on the parole order and relevant to a particular problem that a prisoner may have. The more common clauses in this section relate to psychiatric/medical treatment upon release. It is general policy that clauses restricting drinking and gambling and drug taking should only be requested in special circumstanceso

H. Evaluation.

Comment here on likely future behaviour, general ability to function in the community and the use the prisoner is expected to make of parole supervision. Pertinent facts may be restated for emphasis. As a general rule a recommendation as to whether or not parole be granted is made. The recommendation should be logically supported by the f~cts in the body of the report.

I. Forwarding of ~eport.

The report is then submitted for checking in draft

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form to the appropriate senior officer and that officer checks for correctness of procedure, conclusions reached and the general recommendation. The senior officer may also have some remarks to add to the report from his checking of the case history and these remarks are included when it is felt that some stress need be made on some point that the reporting officer may have omitted, or not clarified sufficiently.

When there is disagreement between the reporting officer and the senior officer the matter is discussed by the two officers for the purpose of reaching some agreement in what should be reported. If agreement cannot be reached the checking officer, in his forwarding remarks, states his point of view and the report is then forwarded to the Regional Director for adjudication.

Where no disagreement occurs the report is endorsed as approved, typed and forwarded to the Parole Board Secretary, or Commissioner of Corrective Services depending on the type of report.

REPORTS ORDER SECTION 6 (3) OF:1HE PA:~OLE OF PRISONERS ACT.

This Section of the Act provides for the re-parole of a person who has been returned to prison as a revoked parolee.

When such a person is received into prison the Superintendent will noti~ the Secretary, Parole Board, on a special form.

A copy of the form will be sent to this Service and then to the O.I.C. of the relevant district office for allocation (preferably to the former supervising officer if he attends the particular institution).

A hand~written date will be recorded on the form. This is the date of the Parole Board meeting (Three clear meetings

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after the revoked parolee's reception into prison) for which the P.L.O. will prepare presentation of the case to the Board. The field officer to whom the case is allocated is expected to interview the prisoner and to prepare a simple notification to the Parole Board, for its meeting on this date, that contact with the prisoner has been made.

The Board will set the case down for review within two months. This period is allowed to enable the Probation and Parole Officer to prepare a report on the former parolee, for presentation to the Board. (fhe report must cover:

i) The prisoner's reaction to breaking down as a parolee and being returned to prison;

ii) details of his response to parole if such were not given in any prior breach or revocation report;

iii) details of the prisoner's orientation towards the future, including any specific plans;

iV) an assessment of his readiness and suitability for re-parole now or later.

~. In the preparation of 6(3) reports the field officer must confer with both the former supervising officer and the officer who prepared the pre-parole report, if available. The purpose of this is to gain a clear statement of the person's performance as a parolee and his potential for the future and to determine whether problems and goals identified prior to release to parole were given proper attention during parole.

State in your 6(3) report to the Parole Board whether or not you have been able to confer with these officers &~d report, for the Board's information, opinions etc., offered by your colleagues.

On receipt of this report the Board will review the case and in most instances specify another date on which it will consider the questi.on of re-parole.

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Deferments.

If it is not possible to submit a full report to the Board b,y the due date, a short report must be written indicating the stage reached in preparing the report and an estimate given as to when a full report will be completed. See also Section 5.0. COMMUNICATING WITH THE PAROLE BO.~lD, - under the heading "ADMINISillRATIVE PROCEDURES".

Requests.

A. Whenever an officer visits an institution he should interview those prisoners who have requested and obtained the approval of the Superintendent to see the Probation and Parole Officer. The procedure by which the officer (parole) is notified of approved requests can vary from gaol to gaol.

B. The nature of requests vary but those usually encountered are as follows:-

a) Seeking Early Release: Nany prisoners quite understandably are looking for early release and they have enquired about methods by which early release can be obtained. Most of these enquiries will relate to the question of release on license under Section 463 of the Crimes Act. In these cases, without exception, the officer should inform the prisoner that he has no jurisdiction and refer him to the Superintendent who has the sole right at this stage of the sentence to give or refuse permission to apply for early release. Officers should be alert to the possibility that the prisoner's application for early release is an indirect call for help in problems of a deeper nature.

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b) Seekin~ help with Personal Problems: It is the duty of an officer to assist and counsel a prisoner requestin~ advice. These problems can be wide and varied and can include marital problems, commitment to chan~e behaviour, etc.,

c) '~velfare Hatters: fThese matters relate generally to the Jelfare of dependants left without a bread­winner. If a Prisoners 3ervices O"::'ficer visits the prison, the matter should be referred to that officer for attention. If such an officer does not visit the prison, the Probation and Parole Officer or Parole Assistant should do whatever is called for.

c. Voluntary Work.

a) Officers visiting institutions can sometimes involve prisoners in counsellinc~ of a voluntary nature. This work generally is very rewarding because the prisoner has motivation to become involved in counselling.

b) When the staffing position allows, it is expected that officers shall see certain prisoners from time to time, who from earlier contact either at reception or classification or prior knowledge from any source, would seem to have the potential to benefit from counselling.

D. Reception Board.

a) The Reception Board sits at hoth the Long ~ and Silverwater Complex of prisons. The Probation and Parole Officer representative on the Board introduces the Probation and Parole Service to the prisoner, explains the procedures he can expect under the Parole of Prisoners Act or Judge's Recommendation. He also checks whether

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the prisoner has any problem which needs immediate attention either by way of contact with family or counselling.

b) Certain clerical procedures are required at the time of Reception. These involve the commencing of a Case History and should be discussed with the Officer-in-Charge, Probation and Parole Office-", Nalabar, or Probation and Parole Officers visiting Silverwater, as to current procedure and requirements.

E. Classification Committee.

a) An officer of the Probation and Parole Service sits on the Classification Committee, which determines in which institution a prisoner shall serve his sentence.

b) The Probation and Parole Officer will ask whether the prisoner is experiencing any personal problems. Generally at the time of classification the prisone has been in gaol some four to six weeks and problem may be raised which were not evident at Reception. If so the officer representing the Probation and Parole Service details these problems on the requir form and hands it to the Officer-in-charge, Malabar District Office, for allocation and attention.

c) The Officer at Classification also explains to the prisoner when he can expect to be interviewed by an officer who will prepare a Pre-Release report for the Parole Board's consideration.

F. Miscellaneous.

Prisoner's Earnings: The Senior Clerk at any institution will know what cash a prisoner will have

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upon release a check of this should not be overlooked, especially if cash assistance is to be sought from other sources.

G. Records and Procedures.

See Circular No. 1/74

SUP~RVISION

Supervision of Parolees and license holders may be standard, strict, reduced and relaxed. A summary of the degree of super­vision expected at each level follows:-

1) Standard Supervision

a) The Parolee is to report to H.O. or his local district on the first working d~ after release unless otherwise instructed. The conditions of his parole order or license are then explained to him. Future reporting arrangements and any necessary referrals are made.

b) The Parolee is to report personally to his supervising Probation and Parole Officer twice each calendar month.

c) The Probation and Parole Officer is to visit parolee's home once within the first month of release and thereafter at intervals of not less than three months.

d) The Probation and Parole Officer is to make periodic checks to verify employment (b,y the most suitable means - not necessarily direct to the employer).

e) The Probation and Parole Officer is to check stated leisure and recreational activities -

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again by the most suitable means.

f) The Probation and Parole Officer is to give attention to implementation of special clauses.

g) The Probation and Parole Officer is to obtain C.R.C. assistance where appropriate when this has not been done before release. The qbove procedures should be modified to ~eet the needs of COlL.11 try parolees, (e. z. letter re}Jortin:s', appointment of parole adviser).

2) Strict Supervision:

,Reportin; :md other 2ont:lct~ may be required more frequently than HitL st,'l:::~l3.1:'~~ :3uperv::'sion in cases where (a) additio~al su~port is re1uired, (b) if behaviour is giviLJ C:iuse for concern, (c) the case is under review by the Farole Board ~or po~sible revocation.

The frequency of repo~tin; is decide,:;' by the Pro bation..md IJarole In,'ficer. If in doubt discuss with your Senior Officer.

3) Reduced Supervision:

Is insti tuted at the discretion of t.t:.e Probation and Parole Officec l'ihcre satisfactory pro ~reSS is beinG made. Cor, tact f,my be at periods rancin;- from three weeks to two months.

4) 3.elaxed ,:)upervisi on:

Reportin: qt more tl:an hyo r:',onthly ir:-';;ervals. This is decided upon in consultqtio~ with the 3e~ior Officer. :1elaxed superv':sion is c;ra,!::te'i to a relati vely fevl pa~olees 'lith lor, -~ -:"lro1e periods Fho have made an excellen.t adjustn:ent 3.Ild C3.r.. be relied

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on to contact their Probation and Parole Officer if need arises.

Interstate Supervision is requested for all Parolees and license holders who have permission to move interstate. However, where the Interstate Service cannot arranse personal supervision mail supervision is retained in N.S.W.

5) Interstate Referrals.

When parolees or license-holders are being referred to an Interstate Service for supervision, copies of the following documents must accompany

-the letter of referral:

1) Parole report

2) Classification Committee report

3) Pre-Sentence Report, if available

4) Details of criminal record

5) Copy of Parole Order or License

6) Any other relevant information such as may arise from counsellin.:s which may be of assistance to the Interstate Service.

N.B. License-Holders.

Before making any alteration in standard reporting arrangements for license - holders the Probation and Parole Officer must check that he has the authority to do so. Some licenses specify frequency of reporting anc a locality to which the license-holder is confined. It may be necessary for the License-holder to apply to the Minister of Justice, throug'h the Commissi oner, for reduction in reporting requiremen~or for permission to move outside the specified locality_

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BREACH REPORTS

(1) Parolees

(a) Notification of arrest

Upon receipt of a "notifica.tion of arrest" in respect of' parolee, a parole report must be prepared concerning the manner in which the parolee has been observing the conditions of his parole and setting out any other relevant information which might be of assistance to the Parole Board in determining what action should be taken in regard to revocation of parole. A statement should be included about the general conduct of the parolee and the wa:y he has been carrying out his social obligations.

A brief statement outlining the circumstances of arrest should also be included.

A specific request either for revocation or deferment may be made by the Probation and Parole Officer who should make a recommendation based on his knowledge of the parolee.

(b) Remand Reports

The Parole Board must be kept informed following arJY Court action. After the initial report on the conduct of a parolee has been submitted, a "Notification of Remand of Parolee" form must be forwarded to the Parole Board following each successive remand until the final outcome of the Court proceedings is known and the final report is submitted.

(c) Breach of Conditions.

Where a Probation and Parole Officer becomes aware of a breach of parole conditions not involving further Court

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a.ction, he is expected to inform the Parole Board of this, reporting in similar terms to those set out above. A request or recommendation concerning the action to be taken by the Board should be made.

Where the Parole Board exercises its discretion and does not revOke a Parole Order but issues a direotion that the parolee be wa.rned then this must be done at the first opportunity and the case history noted to this effect.

(2) License

(a) Notice of Arrest.

463 Crimes Act.

The Aot required a Magistrate to revoke a license "on proof before him in a summary w~ that the licensee has been guilty of any breaoh of lioense" but in fact this requirement is very often ignored. Upon receipt of an arrest notioe determination is to be made promptly in oonsultation with the appropriate Senior Offioer as to the oourse of action that should be followed. This will depend on whether Court action has been finalised or not. If it has, a similar report to those submitted to the Parole Board on parolees must be prepared. Where it has not a decision must be made as to the most appropriate w~ of bringing to the notice or the Court the faot that the person is on lioense. :Breach of lioense oonditions without arrest is reported as with parole. Revocation is at the recommendation of the Minister and is authorised by His Exoellency, the Governor. Similar breach reports are written for all types of license but official action varies thereafter.

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S29 Mentel Heal th Ac~.

Breach of conditions is dealt with under 8.30 of the Act which makes no mention of return to prison.

8. t1 Habi tual Crirnin8~_~_ Act.

The Act makes no provision for revocation of license. It provides for the license holder to be charged with the breach and for a. fu.rther sentence to be imposed if the Court sees fit.

8.41 (4) Pri~ons Act.

Revocation is at the discretion of the Commissioner of Corrective Services.

(b) Commonwealth Cases.

Reports on Commonwealth parolees and license holders are deal t with by the Attorney Generals Department. Provisic is made for appeals against revocation. Reports on all types of license holders are forwarded to the Commission€ of Corrective Services, Senior Clerk, Criminal Records, for transmission to the relevant authorities.

With exception of Commonwealth cases all requests for revocation (parole order or license) must be accompanied by the form "For Transmission to U.S.W. Police Department in the Event of Revocation of a Parole Order or License".

The aims and objectives of the Civil Reha.bilitation Committees have been defined as follows:-

(i) To provide for released prisoners the opportunity of personal rehabilitation and to ensure that any released prisoner prepared to live in a socially

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acceptable life will have the chance of achieving this.

(ii) To co-operate with and extend the field of work of Parole Officers in the guidance and super­vision of prisoners released on parole.

(iii) To work fo:r better community understanding of the problems associated with the rehabilitation of pri soners.

(iv) To assist the dependants of prisoners through material help and advice.

The committees' membership is drawn froID representatives of con~unity organisations, the Service clubs, churches and religious organisations, the Commonwealth Employment Service, and interested private persons. The officers­in-charge of district offices are responsible for _~ormal liaison with the Presidents of the committees in their districts.

Referr~s to Civil. Rehapgilitation Committees

If you have a client 9',ho has no community ties or who needs more material help or emotional support than either his family or Parole Officer can give, then discuss with him whether he would be willing to be referred to a Civil Rehabilitation Committee. If he is and you are not sure which committee would be most suitable, discuss it with your Senior Probation and Parole Officer. When referring a case to a Civil Rehabilitation Committee:-

(1) Prepare a draft referral on the appropri8,te form and send it to the Executive Secretary at least ten days before the meeting date. Plea.se ensure that the _locality of the ~ommittee ~s stated.

(2) Where possible, forward the case history to the presenting officer, whether he is a Probation and Parole Officer or a

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Prisoners Services Officer. In all cases it is your responsi bil i ty to gi '"Ie the present.i_-ng offi.cer sufficient infomation for him to expand on your written referral, and to anmver any questions the cOJ1ni ttee members may ask. Whe:"C'e the presenting officer is not provided with sufficient informacion, he would be justified in withdrawing the referral. In urgent cases verbal 1.'eferrals may be 8&1e but t:lis type of referral must be k(~pt to a minimurr} and should be followed by a written report.

(.3) Only in exceptional cir.cumstances should referrals be phoned through to the Executive Secretary. The officer attending the meetine should make sure that the referring officer is arpraised of the action the committee intends to take.

Civil Rehabilitation Conunittees have been established in the following areas:-

Sydney Eankstown Cumberland (Parramatta) Liverpool Manly/Warringah Nort:lern Suburbs Penrith St. George/Sutherland

ELSE'iYHERE -----

Berrima Canberra Maitland Monaro

Wollongong Tarnworth

Macquarie Newcastle Northern Regional

(Grafton) Nowra

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1.0 NOTIH'ICA'riON AND lUJLOCATION OF N.F.P. C {.3EJ.

1.1 A schedule of all nerdy convicted prisoners \<lith N.P.F. 's is submitted regularly by the receiving institutions to the Secretary, Parole Board.

1.2 Within the Probation and Parole Service most original allocations of pre-release cases are made by the Officer­in-Charge, lo'Ialabar District Office.

1.3 Where no prior allocation has been made and no case histo~ exists, the appropriate Officer-in-Charge or Resident District Officer will allocate and register the case-upon deciding to commence pre-release procedureso

1.4 Where a prisoner is transferred to another institution before a pre-release report is completed, the case history should be forwarded directly (and promptly) to the appropriate Officer-in-Charge or Resident Distr~ct Officer. The transfer should be noted on the Daily ]eturn.

1.5 Generally, one officer (i.e. Senior or Resident) is responsible for the allocation of pre-release cases and for the initiation and registration of ne\ll cases I histories.

1.6 Registration procedures are outlined in Probation and Parole Circular No. 1/74

2.0 N.P.P. DI~1Y

2.1 Ever'Y institution maintains a diary record. of every N.l.}. prisoner within the institution. ~tries are made accordin6' to expiry date of N.f'.F. and are up-dated when discharges, transfers, new admissions, etc., OCCU]

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The r.p.p. diary is compiled from the prisoners' warrants. THE p.n'3C!~S:i' s itl A..::·:UJ."\T IS 'I1H:~ rv10Srr -~ELIABLE NSANS OF IJEI\TTI i?Y.IFG n. F .F. P1.ISONJf{3.

2.2 neld officers visi tin.3" insti tutions are expected to use the N.P.P. diary9.D.d vlarrsnts in order to identify N.P.P. prisoners to be interviewed for the purpose of preparing pre-parole reports for the ?arole Board. The informqtion should be passed on to the anpropriate O.I.S. or ::lesident District Officer.

2.3 Some District Officers maintain a card index of N.P.P. prisoners in the institutions served by the District Office, but this is 3Jl optional local arrangement. However, as O.I.C.'s will be responsible for ensuring all reports eo to the Parole Board on time some form of dia~J or index is necessary.

2.4 NOl'E: Calculation of the N.f.P. is made by the Parole Llalson Officer with whom any discrepancies must be cheCKed. Ultimately the Parole Board is responsible for determining any dispute as to expiry of a non-parole period.

3.0 A.i)V.dHC~ NOTICE Oi NE.J N.P.P. CAJES LIST~D ~'Oa PAROLE. BUALlD N~TIHGS.

301 Eight to ten weeks prior to each Parole Board meeting Foster Street, Records Section will send o.r.c.'s/ S.?O's/R.~.O.'s, as is applicable, the list of N.P.P. cases due to be considered at that meeting, };. B. THIS rs ~1 LIS'r OF 01\,1Y THOSE N.P.P. P.=1ISONE-"1S BEING cou.:n.J.8.illD /C1ilH~ 2IRJT TIr'iE ON TBi!] CU~'ill:~T SEI·:rrBNCE. IT DO~S NO'l' INCLUJE DE7E1JED CASES. }) fVlOL::;8S E~·C.,

(A CC?Y 13 ALSO SEl:T '.:.:'0 EACH R~GIC: AL DI:L;C;rCR.) 0

3.2 Each list shows the date of the Parole Board meeting for which it is applicable .9.D.d sets out the following

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information about each prisoner:

Name,

Expiry date of N.P.P.,

Location (i.e. institution).

3.3 These lists are the only formal advice an O.I.C. will receive of new N.P.P. cases due to be considered by the Parole Board, meeting by meeting.

3.4 They should not be relied upon as being entire1y accurate: the transfer of prisoners, late notification of new N.F.P. convictions and the limitations of a manual system of prisoner records can cause lists to be incomplete and inaccurate.

3.5 Upon receipt of each. list it will be the responsibility of the Ool.C. to have it checked by making it immediately available to field officers attending institutions.

3.6 Field officers are required to record their name against the name of any listed prisoner on whom they are preparing pre-parole reports, to note details of prisoners known to them who should be included on the list and to correct any inaccuracies.

3.7 These will not always show the location of every prisoner. Where this information is missing and cannot be supplied by field officers O&I.G~ts should ensure that field officers make a check at their institutions on their next visit.

3.8 When the list is returned to the O.I.C. he should diary the pre-parole reports due from members of his staff ..

The deadline for submission of reports to O.I.C.'s S.p&O.'s is 9.00a.m~ on the Wednesday in the week prior

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to the Parole Board meeting for which they are due -i.e. 9 days ahead. The list should then be returned to the Parole Records Clerk.

4.0 co~mUNICATING WITH THE PAROLE BOARD. O.I.e.'s must ensUl~ that a pre-parole report, interview report or request for deferment, as is appropriate, is submitted to the Parole Board on every prisoner listed and for which their District Office is responsible. Verbal explanations by field officers for inability to submit a definitive report on any prisoner is not sufficient: .A WRITTEN CONMUNICATION MUST BE SENT TG THE PAROLE BO~qD.

THE LAW SPECIFIES IN EFFECT THAT EVE~lY PRISONER ~IITH AN N.P.P. SHALL BE CONSIDERED }~1 PA.110LE AS OF RIGHT ON OR BEFORE THE EXPIRY OF HIS N.P.P. THE ACT ALSO ET,:POWERS THE PA.110LE BOARD TO REQUIRE SUBrvlISSION OIt' .~tEPORTS ON SUCH PRISONEJ.S. FAILURE TO 3UBNI'f A IlliPORT 1tTHEN DUE IS IN BREACH OF THE LAW, A DERELICTION OF DUrY AND DISlillGAt1D­FUL OF THE ?J:GHTS AND WEL~'AllE OF OU.1 CLIENT3. I.b' 'fEE FULL PRE-PAROLE REPORT CANNOT BE SUBHrrirED (and this will happen for various reasons) SUCH INFO~~ATION AS IS AVAILABLE AND/O.d A aE,~Ul£3T FO~i. DB1?Effi\1EHT 'ro A 3PECI~'IED DATE MUST B~ NADE IN ~{EPO~lT FORN.

5.0 SECTION 6(2)(a)(i) REPORTS.

5.1 This section of the Parole of Prisoners Act provides for the granting of "excellence remission" to N.P.P. prisoners which in effect reduces the NaP.F. and thereby advances the possible date of release~

5.2 The chief implication of section 6(2)(a)(i) for field officers is that they must be prepared to advance their work on any N.P.P. prisoner at any time and usually on short notice;

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5.3 Full details of those prisoners recommended for consideration by the Parole Board, will be sent b,y way of official letters from the P.L.O. via the Parole Board. When there is short notice to prepare a 6(2)(a)(i) report, the P.L.O. will telephone the information to the Service so that the district office or field officer concerned, can be notified promptly.

Please Note: administration of Section 6(2)(a)(i) of the Parole of Prisoners Act is a variation problem which has not been adequately solved. Assessment of prisoners for the purposes of this Section should be made four months in advance of the expiry of the N.P.P. to allow ample notice to be given to the Probation and Parole Service and other persons reporting on prisoners to the Parole Board. Frequently, however, the notice given is insufficient. In these instances, while every officer concerned should endeavour to ensure that a prisoner's rights are respected and also that the Board is enabled to carry out its legal function and obligations, these considerations must not lead to sacrificing the standards expected to be observed in the preparation of pre-parole reports. Usually incompatibility of priorities can be overcome, but where you are in doubt confer with your S.P.O./O.I.C.

6.0 S.u;CTION 6(3) REPORTS

This is fully covered in the section headed tlInsti tutional Work".

7.0 HOUTING AND ADDR~3SING OF REPOi?rrS:

7.1 All reports except as mentioned in 8.3 below should be addressed to the relevant Regional Director, but given to your S.P.o./o.r.c. for checking and comment.

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7.2 The S.P.o./o.r.c. will check and sign all reports, except as mentioned under, for the Regional Director, and send them to the P.L.O.

7.3 Any report on a parolee which could lead to revocation is to be addressed to the Regional Director, but checked and commented upon by the S.P.O./C.I.C., before referral to the Regional Director.

8.0 TITLING OF REPORTS

The title of any report to the Parole Board should contain/ describe:

identifying particulars;

the nature of the report;

These points will be elaborated in the paragraphs below.

8.1 The identifying particulars should include:

Full name;

whether prisoner, parolee or former parolee;

location, if prisoner;

expiry date of N.P.P.

date of Parole Board meeting for which the report is due;

the status of any prisoner (habitual criminal, Governor's Pleasure etc.,) should be shown.

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8.2 rteports to the Board are likely to fit into one of the following categories:

re prisoners:

a) Parole ~1eport (i. e. comprehensive pre-parole report).

b) Supplementary report (i.e. case hqs been deferred to allow further infoTInation to be obtained, supplementary to the original parole report).

c) Request for deferment (this type of report is usually brief and sim~ly sets out reasons why a deferment is required).

d) -Section 6(3) - i.e. report on former :rarolee. (see notes !:iliove ).

e) Section 6(2)(a)(i) reports.

re parolees:

a) Report of arrest.

b) Report of Court proceedings.

c) Request for revoca~ion.

d) Progress report (usually required in cases where the Board has not revoked but wants to review the progress of a parolee who has been in breach of parole).

e) Supplementary reports and requests for deferment will also be lorms of reports to the Board in relation to parolees, as with prisoners.

9.0 DEADLINES

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9.1 The latest date BY LAW on which the Parole Board may consider the release of an N.P.P. prisoner is the meeting befol'''e the expiry date of the N.P.P.

9.2 Meetin~s are held every ~riday except Good ~Tiday and for about four weeks from mid-December to the last half of January. Additional meetings will be set down from time to time. Some members of the Board meet every vlednesday to cull cases for consideration by the full Board at its formal meeting on the following ~Tiday. ~y minute issued concernin~ these cases will bear the date of the~[ednesday meeting.

9.3 Reports going to the Board pass through the following process:

1. Checking by tI.'p.O./0.r.C;

2. Checking by Regional Director (revocation reports only) ,

3. Typing and signing;

4. Mailing to R.O. and the P.L.O;

5. Photocopying;

60 Incorporation into a file, a copy of each file going to every Parole Board member;

7. Distri bution to and. reading by ?arole Board members ~rior to meeting;

8. Consi1eration at the meeting.

(up to 100 cases, sometimes more, are considered each meetin,:s) •

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9.4 This attenuated process requires that deadlines' be set for the submission of parole reports. These deadlines are:

a) 9 DAYJ PRIO::? TO PAROLj; BOAi1D !VIEE'rING- usually the Wednesday week prior to the Parole Board meeting - Author of report submits it to his S.P.O. or O.I.C. - no later than 12 noon. IF THIS CANNOT BE DONE THE FI.8LD O.i:-'FICBR HU3T NOTIFY HIS S.P.o./o.r.c.

b) THURSDAY - F.rlIDAY

cheCking of reports by S.P.O./O.I.C. Typin6 of reports.

c) MONDAY (OR EARLIER)

Reports sent to P.L.O. via Foster Street Mail Bag.

d) 10.00 a.m. TUESDAY

Deadline for submission of reports to P,.L.O. any report received after this time is likely to be held over until the following week.

e) The listing of a case for consideration by the Parole Board is to be regarded in the same way as a case listed by a Courte

9.5 6(2)(a)(i) reports will be listed for consideration by the Board 2 meetings prior to the adjusted N.P.P. date. The above deadlines vlill apply.

9.6

. '.

When a parolee is to appear in Court the Parole Board will usually set the c~se dOvffi for review on the following' .B)"iday. It is obvious th'3.t the above­mentioned deadlines ca~not apply, but officers are expecteu to ~ct promptly in reporting the outcome of Court proceedings to the Board.

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9.7 \fuere cases are deferred for 1 to 2 weeks by the Board 3lld s. p::lrole report is reauired the above deadlines cannot apply, aGain, o-'f'icers are expected to act promptly anj to ke8p thai r ,] .1' .0./0. r . c. informed of pro (~ress, undue delay or oTher relevCL.'1t circumstances.

10.1 The most common Departmental report likely to be required of a field officer is a report on the suitability of certain prisoners for release on license, these prisoners include:

10.4

10.5

life sentence prisoners;

Governor's Pleasure prisoners;

habitual criminals;

prisoners recommended for or applying for release on license;

Such reports will be prepared in the same way as a report for the Parole Board, with care being taken as to headings.

The report will be addressed to the Regional Director but submitted to the S.P.o./o.r.c. for checking, comment and signature on behalf of the 1egional Director.

The :3.P.o./o.r.c. will address and send these reports to:

Senior Clerk, Criminal Records.

~eports on notorious, or potentially contentious prisoners bein~ considered for release to conditional liberty MUST be r~ferred to the a-ppropriate Regional Director and in his absence, to the Deputy-Director.

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11.0 con:[m::'IlEALTH AND A.C.T. P'1ISONERS.

11.1 Reports on these prisoners are prepared, checked and submitted as if going to the Parole Board.

11.2 The heading should show whether it is a Commonwealth or A.C.T. prisoner and bear the wording "For the infonna.tion of the Commonweal th Attorney-General".

12.0 ~j\LAlJ.3},ER Oi CAJ~ HI3r.rORI~S.

12.1 The transfer of any case history (INT~{A-OliICE, INTER O~~IC~, Od TO R.O. ~~R FILING) must be notified to R.O. Records on the Daily rleturn.

13.0 1INtlS O~I COE.£.1UNICaTION.

13.1 All communications from a field officer in a district office or R.O. Section must be directed through the O.I.C. or S.P.O., other than letters to clients.

14.0 REL~ASE P~OCEDURES.

14.1 In cases \tfhere the Parole Board releases prisoners to the supervision of the Probation and Parole Service, a copy of the Release Order and a copy of the Parole Order is forwarded to the appropriate office.

14.2 The officer who prepared the pre-release report is then required to complete the release arrangements and inform the Superintendent of the appropriate institution of the date upon shieh the prisoner is to be released.

14.3 This advice (in letter form) should indicate the date of release (within the limits prescribed by the Parole Board) the address to which the prisoner is to travel

14.6

14.7

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and an indication of the reporting arrangements required of the prisoner after discharge.

This advice must be signed by the Officer-in-Charge (or S.P.P.O.) or Resident District Officer.

A copy of this advice should be sent to the Secretary of the Parole Board.

The case history must be fo~~arded to the Officer-in­Charge of the appropriate District Office or Deputy Regional Director, Head Office in ample time for allocation PRIOR to the first rep or tine of the new parolee.

When the parolee has made his initial personal report to his supervisin,~ officer, the Parole Board should be notified.

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APPENDIX A

The Regional Director.

Case of prisoner x f __ _ (Name of institution)

Non-parole period expires on (date)

SIGNIFICANT SOCIAL BACKGROUND

RELKf ANT ATTITUDES (,'F PRISONER

Accommodation: Employment:

(a) (b) (c) Personal Contacts in the Community:

ADDITION1~ CLAUSES

EVALUATION

(Signed)

C.H. No. __ _

Probation and Parole Officer Date:

Forwarding remarks of senior officer.

The Farole Liaison Officer.

(Signed) (Designation) for R.D. Date:

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CORIm3PONDENCE PROCEDURES

(1) PAPER

(a) Foolscap Letterhead and Subject Paper should be used where possible to avoid "baoking up" and to permit files to be kept in a uniform and ti~ state.

(b) Qaarto Letterhead ~ be used for covering letters.

(2) STANDARDS

(a) H;iBh Standards must be mainta.ined. Avoid peremptory and inconsiderate tones, ponderous phrasing, etc., when the position oan be olearly, simply and courteously stated. Grammatical presentation and expression is also very important.

(b) Acknowledeements must be sent by the 10th d.q where the required action oannot be completed within that period. Lack of a.ttention to this requirement could lead to an adverse impression of this Service. Senior Officers will, therefore, exercise effective follow-up of co~espondence requiring replies.

(0)

(d) Qu.ote a.1.lreferences in full. What ~ appear to be unnecessar,y intorma.tion to include in the title and referenoe section of a reply letter ~, in fact, be essential infomation to the recipient. Please ensure tha.t !:1! of the intormation given for referral is quoted; inoluding what a.ppears to be the typist's initials and the date on the requesting letter.

When replying to the Clerk of the Peace, a oovering

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letter ~ show the fOllowing tormat:­

John James CITIZEN. File 73/1734 Sydney Distriot Court 8th July, 1913 Breach or Reoognizance Letter of 1Ir. Foat/Ul. on 8th August, 1973

or to a solicitor:-

"the Esta.te of John J. CITIZEN" or "John J. CITIZEN - v - Colin J. JOHNS"

(8) Post Codes should alw~s be included.

(f) Attacbments, stated to be included, should be firmly pinned to the oorrespondenoe before referral for Signature.

(g) "Subject, "Reference" are words not used in the title and references section of oorrespondenoe.

(h) Correct addressing: If' an officer is unsure of the correot address of a business-house, eto., reference to a telephone directory ma.Y assist (including interstate, loca.ted at the Switchboard).

(i) Closure.

(i) Within the Nell South Wales Public Servioe and wi thin our own Department, use the sisna.ture and title or the signatory,

(ii) "Outside" letters are olosed using "Yours f'aithfully"then signature.

(3) INITillLI!&

The writer of a letter must initial (or sign, if direoted) all

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copies ot the oorrespondence sent. If the writer is not the person to sign the letter, then he will add his in! tials to the left hand JIl8rgin, as will the oheck:tng officers if they are not to sign, thus oertifYine that they have examined and passed the letter as eomplyiJ with the standards of the Service, before being forwarded for sipa.ture to a higher authority.

Where an offioer signs on behalf of another, be will add his initials to the original. page.

The final ini ti&1lins certifies that the ori8inaJ. which left the officer is identioal with the oop,y sighted and initialled.

(4) A.U'MORITY TO SIGN

All letters leaving this Servioe fall into three categories: i.e. those over -

(a) ~e Director's name

(b) The appropriate Regional Director's name

(c) The Probation and Parole Orfioer's name

The principle of which format to use should be cle8.l.'ly underst~ by all offioers. Courtesy, protocaJ. and good business and professii

ethics are all important conaiderations bearing upon which categor,y should be selected. It is policy for letter contact with pre-sentel clients, supervised persons, their relatives and friends, etc., to : done on a ver,y personal level whereas on the other end of the scale courtesy and protocal 'tIlB3 suggest that the recipient by his relat iVI importance, e.g. the Head of a Government Department, eta., should receive a letter over the name of his counterpart in this Service, i.e. the Director. Likewise, l4a.naging Directors of large companies professional organisations, etc., might well be done over the Regional Director's name.

Naturally t overlaps will occur. However, an intent ion by an officer to refiect his concern tor courtesy and protocol by his

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referring a letter for signature to a more senior offioer will be welcomed b,y that senior officer.

In addition to each category mentioned above, only authorised offioers are empowered to sign.

(.&.) Letters over the Director's name. This category is divided into two parts; viz-

(1) Reserved for Director's signature. These inolude letters and covering letters which touoh upon

(a) polic.y determination and interpretation, etc.

(b) deoision making on behalf of the Servioe

(0) termination of supervision reports.

The Deputy Direotor lJlq', at the Direotor's request, sign reserved correspondenoe, and is empowered to approve of offioers' oompetency to si8n, at various levels.

(11) SiBn1pg on behalf of the Direotor. It is immediately apparent that such oorrespondence must oontinue to refleot the high, consistent and professional standards set in the case of letters reserved for the Director's signature. To achieve this, it has been decided to permit onlY approved Resident Probation and. Parole Offioers and above, to sign.

Tbe method used will be by' si&niDg "W.J. Keefe, per" 8.l1d then addill8 the signing offioer's initials.

Approved Resident Probation and Parole Officers and all Senior Probation am P£ole Officers mq sign:-

(1) requests to Police Stations tar arrest information

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(ii) when a more senior officer is not readily available

(a) covering letters to the Clerk ot the Peace

(b) covering letters to other Probation Services seekins or giving inf'ormation (not In South Wales Child Welfare Department).

Otticers-in-CMrge may si&n:-

(i) that specified tor Resident Probation and Parole Offioers and Senior Probation and Parole Officers.

(ii) covering letters to all Government Department ••

Regional Directors and the Deputy Regional. Direotor My sUm'

(i) that specified for ranks down to Resident Probation and Parole Offioers.

(ii) acceptances and requests for reciprocal supervision b.1 another probation senice (includinB Child Welfare Department) •

(iii) All other unreserved correspondence.

(B) Letters over the Reeional Director's name.

Approval has been given for some correspondence to be sent over the RegionBl Director's name. The concept is to provide a facility for meeting middle management level in the connnunity on an equal level, for example, it ~ be used to send correspondence (not reserved) to,

(a) large business companies

(b) professional bodies

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(c) professional persons equivalent high standing, etc.

(d) also, delegated depa.-rtmental correspondence or the following type:-

(i) Enquiries to Medioal Superintendent

(11) Sending of case histories

(1i1) After approval under the Director's name, the sending of interstate progress reports.

Approved Resident Probation and Parole Officers and above, mq. siBn in all of the above s1 tuations.

Regional. Directors should personally sign when personal or direct inf'armation is sought or given to the Regional Director's approxillat equivalent. This situation is obviou~ one ot courte~. If 1t is m merely seek information from the recipients . files or subordinates etc., then, signing on behalf of the Regional Director will be acceptable.

ABain, where an offioer signs on behalf ot a Regional Director, the format will be e.g. "V.J. Krauth, per" followed by the 8~ officer's initials.

(0) Letters over the Probation ani Parole Officer's Kame

Officers m8¥ sign all correspondence to:-

(1) pre-sentence clients, friends and relatives

(ii) supervised persons, friends and relative.

(iii) propr1etors of small businesses and the like

(iv) after opening contact with social workers over the Regional Direotor's name has been effected, writing direct (on a continuitte basis) ~ be done over the Probation and Parole Officer's signature.

)v.ER DIRECTOR'S [AME

DVER RIDIONAL DIRECTOR'S lUl1E

INDIC~TIm IlIND4IM AUTHORITY TO SIGN IN VARIOUS SITUATIONS

DIRrorOR AND DEPUTY DIRIDl'OR

Policy decision making termine.tions

RmION.4L D:nmJTOR

Requests tor su.pervision by another Service on our behalf'

Approval to supervise on behalf of another Servioe

Personal. and direct information from oounterpart

OFFICERS IN-CHARGE

All Government Departments

SENIOR PROBATION AND PAROLE OFFICERS

APPROVED RESIDENT PROBATION AND PAROLE OFFICERS

When O.I.C. una.vailable: i. to polioe stns. ii. to Clerk of the

Peace ill. to other Frob.

Services

Apparent large businesses. Professional bodies. Professional persons of equivalent high standing.

PROBATION AND PAROLE OFFIe.

I

Medioal fbper:inteIl.l:rls Case Histories "Progress Reports" atter approval in first iDstance over Director's name. All other appropriate situations.

)VDt ?ROB!TIOB um PAROLE )FFICms OME

DDICA!D& 1lTN'!!1! .ltrl'HORITI TO SIGN III V ARIOW SITUATIONS i cont • d)

DIRmTOR .lIm DDJM'I DlRIm'OR

BlUIOJt&L »mroroR

OFFICEES. IN-CHARGE

SDlICIl PROBATION AND PAROLE OFPICERS

.APPROVED RESIDFmT PROBA1'ION AND PAROLE OFnCmS PROBATION AlID

PAROLE OFFICm

Apparent small business. Clients. Friends. Relatives. Direct to Sooial Worker. (after higher level of opening contact. )

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PRISONERS' SERVICES OFFICERS

This work combines three areas:

1. Immediate assistance in the reception area, particularly to short sentence prisoners and their families in a way which will provide:

2. Community help which can be linked to the work of the Probation and Parole Officers in their later institutiona] counselling and arrangements for post-release supervision and assistance, through

3. Organisation of voluntary community help from welfare agencies and private citizens whose interest is developed in this work.

Prisoners' Services work is based on practical welfare help given usually at a time of crisis in the prisoner's life through community aid and interest.

Areas of responsibility of the Prisoners' Services Officer are primarily Civil Rehabilitation Committees, prison visiting by citizens, the recruitment of parole adVisers, and assistance to prisoners' families by organised community help.

The Civil Rehabilitation Committees are:

- State-wide organisations of volunteers providing assistance for prisoners and their families;

- available to help a prisoner's family during his term of imprisonment;

able to provide friendship for the prisoner by visits and correspondence;

able to find accommodation and employment for a prisoner upon release;

- available to provide friendship and guidance in the re-sett: period after release.

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·Relationship with Probation and Parole

The Prisoners' Services Officer in reception work will identif immediate problem areas which are affecting or will affect the prisoner's adjustment to the institution.

Clerical steps are:

(a) If a case history is in existence information is given to the Probation and Parole Officer so that an action sheet can be placed in the case history;

(b) If no case history exists (e.g. a short sentence prisoneJ documents will be registered if follow-up action is required.

(c) If the case requires further attention follow-up reports will be made by the Prisoners' Services Officer, parti­cularly when reference is made to the arrangement of a prison visitor, referral to a Civil Rehabilitation Committee or contact~hrough correspondence.

(d) When it appears that no further action is required by a Prisoners' Services Officer a summary sheet will be for­warded for inclusion in the case history so that the Probation and Parole Officer in preparing a pre-release report or developing a counselling relationship will be aware of the Prisoners' Services Officer's prior involve!

(e) vfuen a Probation and Parole Officer requires further act: to be taken in community help reference should be made to the Prisoners' Services Officer last involved in the case.

Should Probation and Parole Officers, in the course of field duties, meet people who express an interest in forensic rehabilj_ta" and a willingness to assist and who appear to be well-motivated, the interested persons should be referred to a Frisoners' Services Officer for further information.

-~-

Matters Relating to Administration

General administration comes under the Director, Probation and Parole Service. In their local areas, Prisoners' Services Officers are directly responsible to the Regional Director for the Region in which they work, although there is some flexibility with regard to areas.

The Prisoners' Services Officer, City area, may be required to attend regularly the Mulawa Training and Detention Centre but nevertheless comes under the direct control of the Regional Director, City area, as does the officer working at Long Bay.

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DUTY OFFICE PROCEDURE S

(For parolees released from prison)

Purpose

The purpose of the parolee's report to the Duty Office immediately following release is to ascertain that he/she has accommodation and employment, and that he/she understands parole requirements. Finally, reporting to the supervising Probation and Parole Officer must be explained in detail and written on the appropriate form so that there can be no mistake.

Procedures

1. The "notification of release arrangements" is usually the first document to arrive at the Duty Office. The Duty Officer arranges allocation of the case to a super­vising Probation and Parole Officer, through the Officer­in-Charge of the appropriate district office.

2. This information is written on the front of documents, and all documents as they arrive are put together.

3. When the parolee reports, the Parole Order is discussed wi th him and he is given information regarding future reporting in writing on the appropriate form.

4. A release form is filled out in triplicate:

(a)

(b) (c)

one copy is attached to the Release Order and sent to the typist; one copy is sent to the Records Clerk; and one copy (the third) is attached to the case history

5. The case history or any documents relating to the parolee are sent immediately to the supervising Probation and Parole Officer. A sheet of paper is attached to the fron

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of the case history or documents. This sheet should have on it in red textacolour the name of the office to which the case is to be sent, and underneath in biro the supervising Probation and Parole Officer's name and the date.

6. This information is entered in the Release Book.

Licensees on release from Prison

The procedure is similar ·to that for parolees With the addition that the licensee will need to be shown the extent of the Eastern Land Division of New South Wales. If he wishes to move out of this area, his license will need to be varied and permission obtained for this.

(