trespass
youth service has a zero tolerance policy to threats and intimidation
entry onto trespass
Youth Service has a zero tolerance policy to threats and intimidation.
Youth Service providers and young people safety must always be the primary consideration.
Youth Service zero tolerance policy requires us to give an immediate response towards threats and abusive behaviour. A risk based approach should be taken to ensure all other considerations are covered in 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 on the safety of youth service coaches, young people and the physical security of youth service provider/Ministry assets and information/data.
If a security incident has occurred, or a young person is behaving inappropriately; the youth coach involved will attempt to de-escalate the situation.
If the young person still remains a risk to the youth coach and other young people they will be asked to leave immediately. If the young person refuses to leave, 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 a Trespass Notice is appropriate.
Youth Service providers should test their decision about issuing a Trespass Notice with Youth Service Support Unit 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 violent wilful damage, which is a malicious act of damaging property such as smashing a window or a computer.
Intimidating behaviour
Intimidating behaviour is intentional aggressive behaviour that would cause staff to feel unsafe e.g. ‘I know where you live’, offensive gestures or aggressive body language.
Threat of harm to people
Threatening to physically harm of a youth coach or members of their family.
Other factors to consider when making a judgement 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 person in question
- 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 his/her behaviour.
YSSU or MSD can also provide information to a Youth Service provider about a young person through 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.
legislation - trespass act 1980
Trespass Notices are issued under section 4 of the Trespass Act 1980 (the Act).
Trespass Notices served are for a set period of two years. There is no statutory allowance for a variation to the duration of time. However, it is discretionary to revoke a trespass prior to the expiry of the two year period.
A Trespass Notice can be written or verbal. A young person is considered to be verbally trespassed if they are asked to leave the premises. Providing proof of a verbal trespass is difficult. As a result, the standard practice should be issue only written Trespass Notices to young people.
YSSU will support you with this.
breach of trespass notice
Any young person who enters a site from which she or he is trespassed is in breach of section 4(4) of the Act and has committed an offence. Youth Service providers (regardless of role) 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 a ‘security incident’ has occurred. YSSU will update the young person's record by adding a client event note detailing the young person’s breach, and the subsequent action taken by Police.
voiding trespass notice
A trespassed young person must not be invited (either verbally or in writing) to enter premises from which they are trespassed.
If the young person is invited in and enters the premises, the Trespass Notice is voided upon the young person re-entering the property. This includes the client being invited in by error.
If the Trespass Notice has been voided, contact YSSU to determine if another Trespass Notice should be issued.
issuing the trespass notice
The following outline the process to issue a Trespass Notice for a Youth Service provider.
The Youth Service provider involved must first record all incident details in ART under Task category: Issues Management Task type: Trespass Notification and send the completed ART task to YSSU.
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 contract manager to assess and ascertain all factors surrounding the incident and to determine if issuing a Trespass Notice is appropriate.
young people served with trespass notice
When a tresspass notice is issued against a young people prohibiting them from entering a Youth Service provider site, they are informed by letter that they need to consider appointing an agent to act as their representative if they with to deal with the provider without breaching the trespass notice.
While it may be beneficial, you cannot insist that a young person appoints an agent.
A trespass order bans the young person from entering the site, but it does not stop them from communicating by phone, letter or email.
If it can do safely, you might want to continue to deliver the service by phone and online. Working with YSSU and your regional contract manager, you will determine the best option moving forward.