See procedure Enhanced Bail Supervision and Support procedure for tasks that must be undertaken.
The purpose of the Youth Justice bail service is to assist a young person to meet their obligations to the criminal division of the Children’s Court, for example, providing supervision to the young person, coordinating case management supports and reminding them about court attendances.
EBSS is a two-year trial of enhanced bail supervision and support for young people in Youth Justice. EBSS is designed for young people assessed to present with a high-risk of bail non-compliance of re-offending.
EBSS can be ordered with or without electronic monitoring. For more information on electronic monitoring, please refer to the Enhanced Bail Supervision and Support Service description.
EBSS can only be ordered by judges and magistrates in metropolitan venues of the Children’s Court or Supreme Court, for young people living in metropolitan Melbourne.EBSS includes structured, intensive and tailored supports for young people including:
- An EBSS Bail Plan to assist the young person, family and care team to understand the bail conditions and requirements, and an Engagement and Compliance Plan to proactively identify risks and planned responses
- A team of Youth Justice professionals including a case manager, case officer and practice lead to provide support and supervision
- Youth and family supports, including afterhours support
- Cultural supports and lived experience mentoring
- Therapeutic programs to address the underlying causes of offending behaviour
- Care team support and coordination.
EBSS roles in Youth Justice
Each young person on EBSS will be supported by a team of youth justice professionals. These roles have the following responsibilities and can be contacted by Aboriginal Community Controlled Organisations (ACCOs) – authorised Aboriginal Children in Aboriginal Care (ACAC), Child Protection, contracted case managers and Out-of-Home care staff to assist in the following ways:
Youth Justice Case Manager
- Primary point of contact during business hours
- Completes the assessment and bail plan for the young person.
- Attend (and if required/agreed coordinates) the care team and monitors overall progress and compliance with the bail plan.
- Acts as the primary Youth Justice point of contact for the young person, family and care team members
- Assistance to resolve challenges experienced by the young person, family and/or OOHC staff including those relating to bail compliance and electronic monitoring.
- Assistance to adapt EBSS case management strategies when required.
Youth Justice Practice Lead
- Secondary point of contact during business hours.
- Attend (and if required/agreed coordinates) the care team and monitors overall progress and compliance with the bail plan.
- Provide expert advice about electronic monitoring.
- Provides expert advice about the young person’s case management and bail compliance.
Youth Justice Case Officer
- Provides practical, outreach-based support to young people including afterhours support.
- Provides technical assistance to the young person, family and care team regarding electronic monitoring.
- When requested by the Case Manager or Practice Lead, can provide practical, outreach-based support for the young person regarding electronic monitoring.
Youth Justice Bail After Hours Service
- Receives, assesses and responds to electronic monitoring alerts after hours.
Key liaison point for afterhours contact with ACCOs – authorised ACACs, Child Protection, CSOs and/or OOHC staff.
Information sharing to inform EBSS assessment
Assessments for EBSS are undertaken by the youth justice case manager (supported by the EBSS team) upon request from a referrer. The matter is adjourned for the assessment to occur.
The assessment involves collection of information on the young person, including matters such as their history and personal circumstances, previous offending history, risks to bail compliance, risks to community safety, vulnerability on remand, and their attitude and willingness to engage with youth justice.
To facilitate streamlined sharing of information, where the young person is a client of both Youth Justice, Authorised ACCOs - ACAC and Child Protection, Youth Justice may communicate directly with them for information requests to support the EBSS assessment and/or investigation in a timely manner. Youth Justice may request the following information to complete the assessment:
- whether there is current Child Protection involvement, and the current circumstances
- whether the young person is in a care placement
- family details
- the young person’s Child Protection history if relevant to the EBSS assessment.
Where it is unknown if the young person is known Child Protection
To request information about a young person where it is not clear if they have been or are involved with ACCOs – Authorised ACACs, Child Protection, Youth Justice can make a request through the department’s Information Sharing Team at: info.exchange@dffh.vic.gov.au
Assessment of the home environment, including home-based care, out-of-home care and residential care
When EBSS is being considered, Youth Justice is required to undertake a home assessment to ensure that the young person’s home, can facilitate electronic monitoring technology (where electronic monitoring is being considered) and to identify any risks or needs that need to be factored into case management strategies/plan. The Youth Justice case manager will coordinate this visit via the care teams in Child Protection and/or Youth Justice.
Where a request is made by Youth Justice to assess the young person’s home environment, Child Protection should work closely with Youth Justice to reduce any stress or anxiety for the young person, carers and other children or young people also residing in the home or care environment.
Bail plan
Youth Justice will provide the Court with an EBSS bail plan. The plan is designed to mitigate the young person’s bail risks, and will include a range of educational, recreational and therapeutic activities and supports. Youth Justice will make a recommendation to the Court about whether the young person is suitable for electronic monitoring.
If the Court is satisfied the young person does not pose an unacceptable risk, EBSS may be granted.
Youth Justice will also develop an Engagement and Compliance Plan. This plan will include details on how the care teams will respond to identified risks. If required, the plan will include detail on how Youth Justice and Child Protection will communicate and collaborate afterhours, including:
- when responding to electronic monitoring alerts and potential breaches of bail
- when a Children’s Court search warrant is active.
Child Protection, Aboriginal Children in Aboriginal Care providers and Youth Justice should work together to ensure that the Bail Plan, Engagement and Compliance Plan, and Child Protection Case Plan are complimentary and consistent.
Monitoring, enforcement and breach
The Youth Justice case manager will supervise the young person on bail and will escalate and mitigate concerns around potential non-compliance with bail. For young people on EBSS with electronic monitoring conditions, Youth Justice will assess any potential breaches and will lead the response to any non-compliance. This will include working directly with the young person, their family/carers and care team to address non-compliance.
Youth Justice will notify police when there is significant non-compliance with bail conditions. Police may bring an application to the Court to vary or revoke the bail.
Supporting the young person
Young people known to Child Protection, Aboriginal Children in Aboriginal Care providers and Youth Justice have experienced significant levels of trauma and require trauma informed therapeutic care and support. Being subject to bail monitoring may cause increase distress and anxiety for the young person, which could manifest in the young person engaging in a range of concerning behaviours.
It is important to assist the young person and their carers to understand the requirements of the bail conditions, including assisting the young person to comply, and supporting them to access legal advice if they have concerns about the process.