What support does Youth Justice provide to young people in custody?
There are a number of rules that need to be respected and followed by young people and parents, guardians, and carers when a young person is in custody in a Youth Justice Centre. Learn more about how the young person will be cared for in custody and the rules that must be followed for things like phone calls, letters and packages, and personal items.
Services available in custody
Youth Justice Centres provide safe and secure care of young people who have been refused bail (also known as remanded) or sentenced by the court to a control order in a Youth Justice Centre. Where possible, young people are detained in a centre closest to their family and community.
All services provided by Youth Justice Centres are in accordance with the Children (Detention Centres) Act 1987. This Act says how young people must be treated plus what they can receive while in custody.
When a young person enters custody, they will be supported by youth officers, a caseworker, a psychologist, a Justice Health Nurse, teachers, and the centre’s management team. The services on offer to young people in custody include:
- education via the centre’s Education Training Unit where young people can re-engage or continue their education from when they were in the community
- programs to help develop employment related skills, and knowledge for gaining employment upon release
- case management services to assist with planning for a young person’s release from custody and setting goals to help make their time in custody useful
- social, recreational, and sporting programs to ensure young people maintain a healthy, fit and active lifestyle
- offence-focused programs to help young people address their offending behaviours, including alcohol and drugs, anger management, stress management, and trauma
- specialised services offered by psychologists including assessments for mental health and disability as well as counselling
- health services including health assessments, dental care, mental health interventions and medication management
- life skills programs, such as cooking, budgeting, personal hygiene and healthy eating
- religious groups and services
- cultural programs for Aboriginal and Torres Strait Islander young people, including mentoring and cultural support from staff
- interpretation services for young people and their families from non-English speaking backgrounds
- court services to ensure young people are aware of their next court date and either attend in-person or via a video call
- visits from family and other important significant others to ensure young people remain connected and supported whilst in custody.
The Official Visitor
The Official Visitor is an independent person who reviews Youth Justice. The Official Visitor regularly visits the centres and reports to the Inspector of Youth Justice Centres on how the centre is run. A young person has the right to talk privately to the Official Visitor when they come to the centre. The Official Visitor's role is to manage enquiries or complaints and they can escalate matters to the Executive Director of Youth Justice. They also resolve matters with the centre, for example if linen or food is not to the standard expected.
Offence-focused intervention programs
Offence-focused intervention programs work to intervene in the lives of young people who have already offended and are at risk of long-term involvement in the criminal justice system. They incorporate a range of techniques designed to change negative patterns of behaviour and reduce rates of re-offending.
Find out more about offence-focused intervention programs.
What happens in custody?
Having a young person in custody can be difficult for parents, guardians, carers and the young person, so it is important to keep in regular contact.
Here is some information about what young people and families can expect from a Youth Justice Centre when a young person goes into custody.
Young people in Youth Justice Centres are assigned two caseworkers. They will have a caseworker at the centre, and a caseworker in the community.
The centre caseworker will contact the young person’s family about their progress at the centre and arrange a case conference to discuss their case plan.
The community caseworker supports the young person in custody for all community related casework tasks. This includes helping family and friends get approved for visits and phone calls, supporting visitors with logistics of travel to and from centres, and providing a young person’s family with regular updates on how they are going while in custody. The community caseworker will also continue to write court reports for young people as well as coordinate meetings with community support persons for when a young person is released from custody.
The community caseworker and custody caseworker regularly communicate with each other to ensure the young person is being supported while in custody. The two caseworkers work together to develop the exiting custody case plan and set up referrals for the young person so that when the young person leaves the centre, they can return to school or find employment, have stable accommodation, and are linked with local support services.
It is important for a young person to have contact with their loved ones while they are in custody. The Centre Manager must approve all contacts. Once approved, young people and their families must follow these rules during calls:
- young people cannot receive direct phone calls
- young people can make unlimited calls to their parents, guardians and carers plus other key family members
- young people can call approved friends up to 7 times a week
- all phone calls are 10 minutes long.
What happens in a family emergency?
If a loved one needs to contact the young person about a family emergency, this is what they need to do:
- contact the Duty Manager at the Youth Justice Centre where the young person is in custody
- discuss the issue with the Duty Manager to arrange a time for the young person to contact the family
- if the information the young person is going to receive is upsetting, the family member should tell the Duty Manager so they can offer the young person support.
Recording and monitoring phone calls
All phone calls made by young people in custody are recorded, and can be listened to by Youth Justice officers.
If there is a security risk between the young person and the person they are calling, ongoing phone calls will be listened to and recordings may be given to police.
If a young person is designated a National Security Interest (NSI), it is a legal requirement for Youth Justice to listen to all their phone calls.
If it is found that phone calls are being forwarded to another number, calls to both numbers will be banned for a period time.
Young people can ask their custody or community caseworker to help them have a person approved to visit. Once approved, the visitor will be notified, and they will need to contact the centre to book a visit. All visitors must be approved and booked in advance. To arrange approval and book a visit, call the young person’s caseworker.
If there is a security risk or concern, Youth Justice may not allow the visit, or they may ask for the visitor to undertake a criminal history check at their own cost.
In some circumstances, financial support may be available to help families visit a young person in custody. Families requiring assistance should contact the young person’s caseworker in the centre, or the Community Office to check if they are eligible.
For people unable to visit the centre in person, a live video or Audio-Visual Link (AVL) visit is available at Youth Justice Community Offices. Contact the young person’s community caseworker to discuss an AVL visit request.
For more information about visiting a young person, view Youth Justice NSW Centres.
Letters and packages can be sent to and from a young person at a Youth Justice Centre. However, young people, their families and their supporters should be aware of the following rules:
the mail must be to or from an approved person
if the approved person would like to send a package, they must get approval from the Youth Justice Centre to send the items in the package
all mail must include the sender’s name and address on the back of the envelope or package
all mail is recorded, opened and inspected.
Some items cannot be sent to a young person, such as money, food or any item that poses a risk to the good order or security of the centre. If any unapproved items are received, the young person will be told, but the item will not be given to them. Instead, the item may sealed and kept in their property until their release, destroyed or returned to the sender if possible.
Young people receive clothing, footwear and linen at the Youth Justice Centre where they are in custody.
Clothing
Young males and females will each be given:
- t-shirts
- shorts
- trousers
- jumpers
- socks
- shoes
- underwear.
Young people are allowed some of their own basic clothing such as underwear, socks and approved plain clothes that are not branded and do not feature offensive language or graphics.
Other personal clothing will be placed in a property bag that the young person can collect upon their release.
Clothes for court or leave
Personal clothing for attending court or going on leave can be stored for a young person at the centre where they are in custody.
Linen
Young people are provided with the following items of linen:
- towels
- sheets
- pillows
- doonas or blankets
- toiletries (e.g. shampoo, toothpaste, soap etc).
Families or young people with questions about clothing, footwear and linen can contact the local Youth Justice Centre where the young person is in custody.
Every Youth Justice Centre has an onsite nurse, visiting local doctor, access to hospital plus other medical and dental services.
A young person may request to see a nurse whenever they are feeling unwell.
If the young person in custody has a medical condition, allergies or ongoing health problems, it is important to inform the Youth Justice Centre.
If the young person has any serious illness or injury in the centre, Youth Justice will inform their emergency contact.
Random and targeted drug testing of young people occurs at each Youth Justice Centre. If a young person:
tests positive to drugs
refuses to give a sample
this is what will happen:
professional visits from lawyers and caseworkers will continue
visits may be restricted to strictly supervised or box visits
they may not be allowed to participate in community programs
they may lose their leave.
Classification is the system used by Youth Justice to ensure the safety and security of a centre. A young person’s classification level will determine the programs and activities they can do in custody. It may also impact which centre the young person will be staying in. The young person’s classification is reviewed and can change during their stay at a Youth Justice Centre.
Young people, parents, guardians and carers can get more information on the classification system by contacting the Youth Justice Centre where the young person is in custody.
Depending on the young person’s classification level, recent behaviour and length of time in custody (critical dates), they may be eligible for leave from a Youth Justice Centre.
Approving leave
A young person can apply for leave if they have been sentenced and have no upcoming court matters. Their classification level, recent behaviour and length of time in custody (critical dates) will be looked at to determine whether the young person is eligible for leave or not. In these cases, the young person's leave will be approved by the centre manager.
Leave is not available to:
young people on remand, or
young people on serious charges
unless it is for special circumstances. In these cases, only the Director overseeing the Centre can approve leave.
Conditions of leave
If the young person’s leave request has been approved, they will be asked to follow rules and complete tasks that are linked to their case plan while they are on leave.
Parents, guardians and carers will be required to sign forms that list their leave conditions and tasks before and after the young person’s leave. The young person must also complete a similar form.
All forms must be returned to the centre when the young person returns from their leave. It is important that the parents, guardians and carers and the young person follow leave conditions and complete all tasks. Complying with leave conditions is considered when approving leave requests in the future.
If a young person runs away during their time in custody, they will be charged with escaping.
The parents, guardians and carers will be notified if the young person escapes. If the young person cannot be found, and the family knows where they are, the family is urged to inform the centre of the young person’s whereabouts immediately.
Following an escape, the young person’s time in custody will be extended by the days that they are absent from the centre. They will also be ineligible for leave.
Youth Justice works with people of many different cultural backgrounds. Cultural identity and connection is important to a young person's recovery.
Aboriginal and Torres Strait Islander support
Youth Justice works with Aboriginal and Torres Strait Islander young people, their families and communities to maintain and strengthen the young person's culture and identity. Cultural support is implemented into the daily routines of the young people with the assistance of Aboriginal and Torres Strait Islander staff. Each centre has people who identify as Aboriginal or Torres Strait Islander working as officers, caseworkers, cultural support, advocates and mentors.
Support for young people from other cultures
Youth Justice provides young people from other cultures with similar support given to Aboriginal and Torres Strait Islander young people. The level of support varies depending on the location, the young person's background and the family's requirements. Some support services include cultural, language interpreters and religious assistance.
Young people and their families should speak to their caseworker about their cultural requirements to make sure these needs can be met.
Serious Young Offenders Review Panel (SYORP)
For young people who commit a serious children’s indictable offence, the ability to access initial supervised outings, day and overnight leave, requires consideration by the Serious Young Offenders Review Panel (SYORP). SYORP is an independent body that makes recommendations to the Executive Director, Youth Justice, on the reclassification of and the granting of leave to detainees on Serious Children's Indictable Offences and on any other matter referred to it by the Director General or Minister. Meetings are held monthly.
The panel's role is complex as it seeks to balance the expectations of the community with needs and expectations of the young person and their families in accordance with the relevant legislation and agency guidelines.
The panel consists of community representatives with an understanding of community expectations and expertise on youth justice issues. Members of the panel are appointed by the Minister and approved by Cabinet. The composition of the panel is:
- a magistrate (Chairperson)
- an independent person with qualifications in psychology
- an independent community person with expertise in dealing with youth generally
- a member of the Indigenous community
- a delegate of the executive director of Youth Justice NSW, as an ex-officio member.
Victims interested in submitting an application to SYORP about their case can contact the Victims Register Office.
Who reviews Youth Justice?
Youth Justice is reviewed by independent people and organisations who also review other government agencies to make sure that they are doing the right thing and that the living conditions and treatment of young people are in line with the law. The following people and organisations review Youth Justice feedback and complaints:
The Minister for Families and Communities
The Minister for Families and Communities is in charge of Youth Justice NSW. Parents, guardians and carers as well as young people can contact the Minister in writing using the details below:
- The Hon. Jihad Dib MP
Minister for Customer Service and Digital Government, Minister for Emergency Services, and Minister for Youth Justice
GPO Box 5341
SYDNEY NSW 2001
NSW Ombudsman
The NSW Ombudsman looks into complaints people make against government departments. Young people have access to the Ombudsman via phone system within the centre.
People wishing to contact the Ombudsman by post:
- NSW Ombudsman
Level 24, 580 George Street,
Sydney, NSW, 2000
People wishing to contact the Ombudsman by phone, email or fax:
- Phone: (02) 9286 1000
Toll free: 1800 451 524 - Fax: (02) 9283 2911
- Email: nswombo@ombo.nsw.gov.au
- Web: http://www.ombo.nsw.gov.au/.
Complaints
Parents, guardians and carers as well as young offenders can complain directly to Youth Justice, or to an independent person or organisation whose job it is to review Youth Justice. If people in custody or their families wish to make a complaint, they can contact the following:
- the Official Visitor
- the NSW Ombudsman
- the Minister.
Complaints to the Youth Justice Centre
If families or the young person have a complaint about the way they are being treated, they can contact the centre manager. All complaints are confidential and will be taken seriously. The person who makes the complaint will be asked about their complaint and every effort will be made to resolve the problem in the shortest time possible.
If the person who makes the complaint is not happy with how their enquiry was handled, they can write to:
- Executive Director
Youth Justice NSW
Locked Bag 5000
Parramatta, NSW, 2124
Or, complete a Make a complaint form.