trespass

entry onto trespass

Youth Service has a zero tolerance policy for threats and intimidation.

The safety of Youth Service providers and young people must always be the primary consideration.

Youth Service's zero tolerance policy requires us to give an immediate response to threats and abusive behaviour. A risk-based approach should be taken to ensure all other considerations are covered when determining if issuing a trespass notice is the appropriate action after an incident has occurred.

A security incident is an actual occurrence that impacts either directly or indirectly the safety of youth coaches, young people, or the physical security of a Youth Service provider or MSD assets and data.

If a security incident has occurred, or a young person is behaving inappropriately, the youth coach involved should attempt to de-escalate the situation.

If the young person remains a risk to the youth coach and other young people, they should be asked to leave. If the young person refuses, the police must be called.

Youth Service providers must use discretion to judge the situation and determine whether a verbal warning, warning letter and/or trespass notice is appropriate.

Youth Service providers should test their decision about issuing a trespass notice with YSSU and their Regional Contract Manager. In all cases of a direct threat to staff safety, a trespass notice must be issued.

A trespass notice should be considered in cases of:

Assault 

Intentionally harming or attempting to harm staff.

Wilful damage

Includes vandalism such as graffiti and wilful damage that is a malicious act of damaging property, such as smashing a window or computer.

Intimidating behaviour

Intimidating behaviour is intentional aggressive behaviour that would cause staff to feel unsafe. For example, a young person saying ‘I know where you live’, offensive gestures or aggressive body language.

Threat of harm to people

Threatening to physically harm a youth coach or members of their family.

Other factors to consider when making a judgment about whether to send a warning letter or issue a trespass notice include:

• the seriousness of the incident or offence
• whether it is the first incident or offence linked to the young person
• whether it is likely to happen again
• the person’s attitude after the incident, and
• the likelihood of the person following a warning or changing their behaviour.

MSD can also provide information about threatening comments directed at a Youth Service provider that happen during interactions over the phone. Depending on the seriousness of the threat or incident, these may result in a trespass notice being issued.

Advice and guidance can also be sought from YSSU and the Regional Contract Manager when determining the appropriate action for the situation.

breach of trespass notice

Any young person who enters a site from which they are trespassed is in breach of section 4(4) of the Act and has committed an offence. Youth Service providers must ask the young person to leave the site immediately and call 111 to report the matter to the Police.

The Youth Service provider must notify YSSU that the incident has occurred. YSSU will update the young person's record by adding a note detailing the young person’s breach of the trespass notice, and the subsequent action taken by the Police.

issuing the trespass notice

The Youth Service provider involved must first record all incident details in an ART task and send it to YSSU. Task category: Issues Management Task type: Trespass Notification 

If an incident has occurred or a person is behaving inappropriately:

• the person must be asked to leave immediately and escorted off the premises or by the Police (if already on site during the incident)
• the Youth Service provider must contact YSSU and the Regional Contracts Manager to assess and ascertain all factors surrounding the incident and to determine if issuing a trespass notice is appropriate.