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94
Personal development courses to count for community service
That:
a) Sentencing and correctional authorities should accept that community service may be performed in many ways by an offender placed on a community service order; and
b) Consistent with the object of ensuring that offenders do not re-offend, approval should be given, where appropriate, for offenders to perform Community Service work by pursuing personal development courses which might provide the offender with skills, knowledge, interests, treatment or counselling likely to reduce the risk of re-offending.
The Work and Development Permit scheme and Corrections Victoria’s community work programs are designed to support personal development and skill acquisition and focus on rehabilitation by providing structured work opportunities, treatment and training.
Information on the number of WDPs being supported by Aboriginal organisations and the value of expiated fines is reported on the Aboriginal Justice website. In contrast, evidence is not readily available on the extent to which treatment and rehabilitation is counted as unpaid community work hours for Aboriginal people on community corrections orders.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 94 was for sentencing and correctional authorities to accept and approve participation in personal development courses as community service. This could help to reduce recidivism by equipping people with skills, knowledge and/or providing treatment that could lower the risk of re-offending.
Victoria's Work and Development Permit (WDP) scheme was established under the Fines Reform Act 2014 (Vic). It provides a framework for vulnerable individuals to address their fine debts through various activities, including personal development courses, treatment, and vocational training. Similarly, the Sentencing Act 1991 (Vic) provides for treatment and rehabilitation to be counted as hours of unpaid community work if a person is on a community correction order with both unpaid community work and treatment and rehabilitation conditions.
The WDP scheme and Corrections Victoria’s community work programs are designed to support personal development and skill acquisition and focus on rehabilitation by providing structured work opportunities, treatment and training. They both aim to help people gain skills and improve their circumstances, consistent with the intent of Recommendation 94.
Under the WDP scheme more than 18 Aboriginal organisations have become accredited sponsors and are able to provide treatment and personal development programs to Aboriginal people with unpaid fines. Information on the number of WDPs being supported by Aboriginal organisations and the value of expiated fines is reported on the Aboriginal Justice website. In contrast, evidence is not readily available on the extent to which treatment and rehabilitation is counted as unpaid community work hours for Aboriginal people on community corrections orders.
Better information, and reporting could assist more people with rehabilitation and treatment conditions on their orders and/or unpaid fines:
Even in the fine space, the understanding of the WDP scheme, its rollout and leniency is really dependent on the knowledge of staff and the Local Justice Worker Program or them being able to chase up information. Teachers involved in the program are not consistently responding to requests to record participant’s hours, leading to frustration and complications due to incomplete records...so, further workforce development and the professionalisation of the WDP space, such as the handling of fines needs to change to address these problems. (Ebony Hickey, Chairperson, Barwon South West RAJAC).
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Ensure a broader range of treatment and personal development courses are available as alternatives to unpaid community work and provide data on their uptake by Aboriginal people on orders.
Corrections and Justice Services to provide more information on the full range of treatment, personal development and rehabilitation courses that can count towards ‘unpaid community work hours.’ Provide data on the extent to which treatment and rehabilitation is counted as unpaid community work hours for Aboriginal people in community correction orders, as well as the number of orders with both community work and treatment and rehabilitation conditions.
Workforce development for program and service providers for the Work and Development Permit scheme.
Workforce development for program and service providers for the Work and Development Permit scheme.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) emphasised the critical need for alternative sentencing options that focused on rehabilitation to address the high rates of recidivism among Aboriginal people. The Commission highlighted how the ‘vicious cycle’ of re-offending and re-imprisonment often continued due to social and economic factors, including limited education, employment prospects, and systemic failures to provide effective rehabilitation.
To break this cycle, the RCIADIC recommended that sentencing and correctional authorities recognise the value of community service orders, including personal development courses. Such courses, aimed at skill-building, treatment, and counselling, could help reduce the risk of re-offending by addressing the underlying factors contributing to recidivism, thereby offering a more effective and rehabilitative alternative to imprisonment.
Actions Taken Since Last Review
Fines Victoria
The Work and Development Permit (WDP) scheme offers vulnerable and disadvantaged individuals a way to address their fine debts by engaging in various activities or treatments. To participate, individuals must work with a sponsor—an accredited organisation or health practitioner—who oversees their WDP activities. Eligible participants include those experiencing substance addiction, homelessness, severe financial hardship, family violence or who have physical or intellectual disabilities. Activities under a WDP can include unpaid work, medical or psychological treatment, educational or vocational courses, and various forms of counselling.
The WDP scheme operates according to guidelines established by the Attorney-General. Fines that have specific sanctions applied or are issued by courts cannot be included in a WDP. Enforcement actions are paused for fines being paid off via a WDP.
In addition to the WDP scheme, there are several other options for managing fines. These include paying the fine in full or through instalments; requesting a review based on special circumstances; seeking a review of enforcement actions; choosing to have the matter resolved by a magistrate; addressing fines through the family violence scheme or participating in the prison program for dealing with fines.
Each option has specific criteria, and suitability depends on individual circumstances.
Corrections Victoria
Corrections Victoria oversees community work programs as part of offenders' rehabilitation. These programs require offenders to engage in unpaid tasks to contribute to the community while developing work-related skills and reducing the likelihood of reoffending. Activities include outdoor tasks like graffiti removal and park maintenance and indoor work such as cooking and toy making. Corrections Victoria partners with government and non-government organisations to manage these programs, which are designed to accommodate various needs, including physical or mental disabilities, cultural differences, and childcare responsibilities.
Impact
Outputs
Victoria's Work and Development Permit (WDP) scheme provides a framework for addressing fine debts through various activities, including personal development courses, treatment, and vocational training. This scheme supports people with unpaid fines to gain skills and improve their circumstances, which is consistent with the recommendation's intent.
Corrections Victoria’s community work programs support personal development and skill acquisition. They focus on rehabilitation by providing structured work opportunities and training. Wherever possible, participants are placed in programs that benefit both them and the community, such as through the Local Justice Worker Program, where culturally appropriate work sites and opportunities can be identified. However, it remains unclear how much choice participants have in their community work placements and whether personal development courses are among these options.
Outcomes
There is evidence of positive outcomes from the Work and Development Permit scheme, with more than 18 Aboriginal Community Controlled Organisation (ACCO) sponsors offering a range of personal development options. Information on the number of WDPs being supported by Aboriginal organisations and the value of expiated fines is reported via the Aboriginal Justice website.
In contrast, evidence is not readily available on the extent to which treatment and rehabilitation is counted as unpaid community work hours for Aboriginal people on community corrections orders.