Recognition of current competency

RCC process assesses whether Convenor’s have continued to maintain their skills in

preparing and conducting conferences.

Renewal of competency & instrument of appointment

Area Manager/ Assistant Manager (YJC) are responsible for establishing systems in their office toensure Convenor’s Recognition of current competency (RCC) process is managed effectively. Thisincludes:

  • commencing process in sufficient time
  • conducting a thorough and transparent process
  • ensuring Working With Children Checks and National Criminal History Checks arecompleted in timing with RCC.

Terminology

Competency

Comprises specification of knowledge and skills Convenor must apply to a particular standard forconference convening.

Assessment

Process used to collect evidence on Convenor’s achievement and maintenance of competencies/ tojudge whether knowledge and skills are still current.

Evidence

Samples used to prove currency of knowledge and skills. There are various methods of gatheringevidence including direct observation, evaluation of work outcomes, simulations/ proficiency tests,written/ oral questioning, third party reports and tests. Evidence must be valid, reliable, authentic andsufficient.

Judgement

How a decision is made. Judgement should be objective and relate only to the identified competency. Ajudgement should be made by a person with sufficient background and knowledge in conferencing toensure decisions are fair and informed. As a safeguard, all judgements can be appealed to a fullpanel of assessors.

Currency

Refers to whether or not past competencies achieved have been maintained to required standardsince the previous competency review.

Process of competency achievement and review

Selection, training and assessment

Applicant Convenors are selected through process outlined in Convenor selection.

Upon successful completion of training course and assessment tasks they are issued with a Certificateof completion.

Initial appointment

Applicant Convenors that successfully complete training course are then issued with an Instrument of Appointment, valid for a twelve-month probationary period.

The Instrument of Appointment gives authority to Assistant Manager (YJC) to offer conference referrals tothis Convenor and for Convenor to accept. This means a Convenor without a current Instrument ofAppointment cannot be allocated a conference referral.

Ongoing appointment

In months leading up to completion of twelve-month probationary period Convenors undergo aprocess of Recognition of current competency to demonstrate their continued competence atpreparing for/ conducting conferences.

If Convenors demonstrate continued competence at end of RCC process they can then be issuedwith an Instrument of Appointment for a further period of up to two years. After that appointment convenors once again undertake the RCC process. If the Convenor has continued to demonstrate their competence in conducting conferences they may be issues with an Instrument of Appointment for a further period of up to three years. The period of any new appointment must never exceed the expiry date of the Convenor’s clearances (i.e. both Working With Children Check and the National Criminal History Check).

Clearance requirements

Assistant Manager (YJC) must always check the expiry date of a convenor’s clearances (Working With Children Check and the National Criminal History Check) when the convenor is being considered for ongoing appointment. If one or both of the clearances is due to expire, the AM (YJC) must notify the convenor they need to reapply for these clearances in order for them to be offered a new term of appointment.

Assessment method & evidence

A variety of evidence types will be used to maximise Convenor’s ability to demonstrate they havemaintained competency. These can include instances of:

  • direct evidence
  • indirect evidence.

It is important that direct evidence is used to ensure validity of decision. Indirect evidence and additionalevidence should be used to support direct evidence by providing greater details.

Direct evidence

This type of evidence allows for direct proof of maintenance of critical process skills because it comesfrom actual work performance.

The most important examples are:

Conference participant feedback

Participant feedback is preferred evidence as it is the objective views of participants in the conferencingprocess.

Observation of a conference by supervising Assistant Manager (YJC)

Conference observations are another valuable form of direct evidence. Conference Administrators haveapproval from Attorney General under section 47(3) of the Young Offenders Act 1997to observe, but notparticipate in, youth justice conferences for monitoring and evaluation.

While presence of Assistant Manager (YJC) as an observer may have an impact (potentially positive aswell as negative) on the conference process, this is nevertheless an important form of evidence about aConvenor’s actual performance of the conference facilitation process.

Convenors must be observed facilitating a conference at least once every year – see Support, guidance & development of convenors – Observation of a conference.

Indirect evidence

The most important examples of indirect evidence are:

Debriefing

Assistant Managers (YJC) will maintain on each convenor’s RCC file his/her post-conference reports / convenor post-conference reflections to record positive and difficult aspects of conferences and develop strategies for the future. This isused as evidence of ongoing professional self-assessment and development.

CIMS Reports

The Assistant Manager (YJC) must produce CIMS Reports on a variety of aspects of Convenorperformance. These will be filed on the Convenor’s RCC file, with the other RCC paperwork, and willinclude the following CIMS reports for the period of currency from the previous Instrument ofAppointment, for each Convenor.

CIMS Convenor notes

Assistant Managers (YJC) must make any notes relevant to reviewing a Convenor’s RCC on theindividual Convenor’s CIMS record, located on CIMS Menu YJC: Convenor: notes. These can then beaccessed by the Assistant Manager (YJC) as part of the evidence relied upon in the RCC process.

It is important that Assistant Managers (YJC) deal with performance issues with individual convenorsat the time they arise, and document these issues and their resolution in the CIMS notes, togetherwith any identified support strategies, where applicable.

It is not appropriate or acceptable for an Assistant Manager (YJC) to raise an issue at the time of theRCC process, which has arisen during the relevant period of currency of an Instrument ofAppointment but not been addressed by the Assistant Manager (YJC) with the Convenor at the timethat the issue arose.

Attendance at training

Attendance at annual training may be used as evidence to support a convenor’s application forrecognition of competency.

Inactive Convenors

Applicants who have not conducted a conference during whole/ latter part of their period ofappointment will be deemed inactive. Applicants who fall within this category must undergo a practicalassessment. This assessment may be in form of a role-play combining participant preparation/facilitation of a conference.

This process must be conducted at a time/ venue suitable to Convenor and assessing AssistantManager (YJC) and prior to expiry of current Instrument of Appointment.

An inactive convenor, for purpose of this section, has:

  • formally advised their supervising Assistant Manager (YJC) they are unavailable to accept referralsin 12 months preceding reappointment
  • has not accepted a referral in 12 months preceding reappointment due to:

lack of suitable referrals in their area

withdrawal of Convenor from preparation phase of a referral

transfer of referral to another area during preparation

a referral hasn’t resulted in a youth justice conference.

RCC Assessors

Assessor criteria

  • Knowledge of Youth Justice Conferencing, Young Offenders Act 1997 (NSW), Youth JusticeConferencing Guidelines, theory and practice of conferencing and restorative justice.
  • Qualified competency assessors – workplace assessor minimum.
  • Familiarity with required work performance standards for Convenors.

The Convenor’s supervising Assistant Manager (YJC) will usually be assessor.

Process when unable to meet criteria

If supervising Assistant Manager (YJC) does not meet one of the above criteria (e.g. they do not hold

Workplace Assessor qualification) they must jointly assess RCC application with:

  • their qualified Area Manager
  • another Assistant Manager (YJC)/ or agency employee who satisfies above criteria.

Assessment by another Assistant Manager (YJC)

In some instances, a Convenor / supervising Assistant Manager (YJC) may believe for ethical reasonstheir ability to make an objective judgement is compromised. If so, the relevant suitably qualified AreaManager/ independent Assistant Manager (YJC) should conduct a Convenor’s assessment.

Where relevant Area Manager does not hold necessary qualifications to complete assessment the

supervising Assistant Manager (YJC) must advise Regional Director (through submission endorsed byrelevant Area Manager), who will appoint another Assistant Manager (YJC) to undertake the assessment.

Administration requirements

Responsibilities of participants in RCC process

RCC process has two participants: Convenor and assessor (usually supervising Assistant Manager

(YJC)).

Determining renewal date

Recommended commencement date of a renewed appointment period should be day after expiry ofprevious Instrument of appointment.

Administrative Timelines

Once an Instrument of Appointment has expired a Convenor must not be offered/ accept a conference referraland cannot conduct a conference for a referral already allocated but not yet held.

RCC Checklist: outlines suggested time frames.

Process where Convenor does not demonstrate current competence

A Convenor’s failure to demonstrate current competence could be for any or all of these reasons:

Insufficient evidence to determine competency

There may be insufficient evidence from RCC process. If so, assessor must obtain sufficient evidence tomake a recommendation.

Assessed as ‘not yet competent’

Evidence is sufficient and this evidence indicates person does not have required skills for renewal of theirInstrument of appointment.

Reasons for appeal

An appeal must be based on one of these reasons:

  • unfair disadvantage
  • incompetent application of process
  • extenuating circumstances.

Reasonable adjustment

Reasonable adjustment measures are made to ensure an individual with a specific need isn’t presentedwith artificial barriers when demonstrating current competency.

Reasonable adjustment examples include:

  • allowing Convenor to use a scribe to facilitate recording of their reflections
  • using a audio recording to record reflections
  • use of specialists such as interpreters
  • using visual evidence.

RCC application for vacated office

In limited circumstances, a Convenor who has resigned from /not re-applied for their RCC may be

eligible for re-appointment.

This provision does not apply to Convenors who’ve failed to gain Recognition of current competency,

on any occasion, under this policy.

Essential criteria

  • There is a need for additional Convenors in geographic area where former Convenor wishes to return to convening. This may/ may not be same geographic area where they used to convene.
  • Maximum time between date of former Convenor’s last conference and their application under this section is two years.

A complete review of Convenors appointment file, and CIMS records, is undertaken to ensure there

are no reasons indicating Convenor should not be re-appointed.

Appeal

There are no grounds for appeal if Assistant Manager (YJC) chooses not to consider application. In

this event, former Convenor may submit a new application following current selection process.

Policy for Youth Justice Conferencing

NSW Juvenile Justice

Recognition of Current Competency

When to use this procedure

In the months leading up to the expiration of a Conference Convenor’s Instrument of Appointment.

Before using this procedure

First time using this procedure? See and understand the Recognition of current competencypolicy which includes guidelines for staff under the following headings:

  • Renewal of competency & instrument of appointment
  • Terminology
  • Process of competency achievement & review
  • Assessment method & evidence
  • Inactive convenors
  • RCC Assessors
  • Administration requirements
  • Process where convenor doesn’t demonstrate current competence
  • Reasons for appeal
  • Reasonable adjustment
  • RCC application for vacated office

Start using this procedure

Your responsibilities

Find your role. Find what you need to do.

Role / When required / Responsibilities
Conference Convener / Always / Conference Convener steps
Assistant Manager (YJC) (The assessor) / Always / Assistant Manager (YJC) (The assessor) steps
Area Manager / Always / Area Manager steps
Regional Director / Always / Regional Director steps
RCC Appeals Panel / Always / Appeal Panel steps
Administrative Assistant / Always / Administrative Assistant steps

Procedural steps

Role / Responsibilities
Conference Convenor / People you need:
  • Assistant Manager (YJC)

Process of competency achievement and review

Selection, training and assessment

  1. UndertakeNSW Juvenile Justice training course for Conference Convenor’s.

Conference participant feedback forms

  1. Provide feedback surveys and reply paid envelopes to all conference participants after conference.
  2. Encourage feedback from attending Youth Liaison Officer (YLO).
Note: YLOs generally have a greater understanding of principles, practice and legislative parameters of conferences than other participants.

Commencing the RCC Process

Documentation to be provided

  1. Provide following documentation to supervising Assistant Manager (YJC):
  • Application for recognition of current competency form
  • Any additional evidence (included as attachments with application)
  • Updated Working With Children Check (WWCC) number (if applicable)
Note: The name convenor used to obtain Working With Children Check number must be provided to Juvenile Justice in order for the clearance to be verified. This name would typically be the name of the applicants drivers licence.
  • National Criminal History Check (NCHC) forms (as applicable)
  • 100 points of identification including copy of current drivers licence – all documents certified
Note: If current clearances are in place, WWCC and/or NCHC information and forms may not be required.
Additional evidence
  1. Choose to submit further evidence to support application to renew an Instrument of Appointment. Such evidence may include:
  • attendance at annual convenor training or other prescribed JJ training
  • references from similar work
  • records of attendance at relevant external training / conferences
  • performance of related activities such as mentoring other convenors, submissions to newsletters / local publications etc.
  • other relevant material
Submission timeframe
  1. Submit documentation at least 8 weeks before expiry date if intending to apply to be re-appointment as a Convenor.
Note: A Convenor cannot commence their appointment or be re-appointed without a current Working With Children Check and National Criminal History Check clearance that has been verified by Juvenile Justice.
3. Complete appeal form if you are unsatisfied with the RCC decision, within three weeks of receiving RCC decision.
Note: Use the same RCC procedural steps as set out above for applications for vacated office.
Appeals mechanism – timeframe for lodging appeals
People you need:
  • Assistant Manager (YJC)
  1. Lodge any appeal, using standard appeal form, with supervising Area manager within three weeks of receiving RCC decision.
RCC application for vacated office – procedural requirements where an AM (YJC) agrees to consider an application
Complete / submit following documents to relevant YJC office:
  1. Application for recognition of current competency form
  2. Any additional evidence (included as attachments with application)
  3. Updated Working With Children Check (WWCC) number (if applicable)
Note: The name convenor used to obtain Working With Children Check number must be provided to Juvenile Justice in order for the clearance to be verified. This name would typically be the name of the applicants drivers licence.
  1. National Criminal History Check (NCHC) forms (as applicable)
  2. 100 points of identification including copy of current drivers licence – all documents certified
Note: If current clearances are in place, WWCC and/or NCHC information and forms may not be required.
Assistant Manager (YJC) (RCC assessor) / People you need:
  • Area Manager
  • Regional Director
  • Convenor
Convenor competency review period
  1. Review Convenor’s competency at any time during appointment, if appropriate (this usually occurs towards latter stage of appointment).

Commencing RCC process

  1. Review the Convenor’s TRIM file to assess if their clearances will cover the next period of appointment.
  2. Send Convenor an invitation to renew their Instrument of Appointment approximately three months before it expires.
  3. Include in the invitation an Application for recognition of current competency
  4. Include in the invitation to renew instructions regarding renewal of any clearances (Working With Children Check and National Criminal History Check) that are about to expire.
Note: The term for an Invitation for Appointment must never exceed the expiry date of either of the convenor’s clearances (i.e. Working With Children Check or National Criminal History Check).

Clearances

  1. Forward details of any required clearances to Recruitment for verification.
  2. Record outcomes of verification of the Working With Children Checks and National Criminal History Check in a local register.
  3. Check reminders have been set to send an alerts when a convenor’s clearance checks (either one) are about to expire.
  4. Check ahard copy of verification and clearance details have been filed in the Convenor’s TRIM file. See Convenor TRIM file checklist and audit tool.

Assessment method & evidence

  1. Use direct evidence, indirect evidence and additional evidence to support assessment decision.

Conference participant feedback forms

  1. Put in place processes to encourage return of participant feedback forms representative of full period of convenor’s Instrument of Appointment.
  2. Advise individual convenor of participant comments from conferences they facilitate.
  3. Ensure fairness by including participant feedback from more than one conference and more than one conference participant.
Note: A suggested number is a minimum of three samples from a range of participants e.g. young persons, victims and police.

Observation of a conference by supervising AM (YJC)

  1. Obtain, through Convenor, consent of young person / victim participating in conference before observing conference.
  2. CompleteConference observation feedback form for each observation
  3. Discuss convenor’s performance and set in place any identified support/training/ reading etc after conference observation.
  4. Record discussion as a Convenor CIMS note or as a record on the RCC file i.e. ‘Youth Justice Conferencing - Contracting – Recognition of Current Competencies (RCC) - (Office Name) – Youth Justice Conference Convenor - (Convenor Name)’.
  5. Observe active convenors at least once during each appointment period.

Indirect evidence – debriefs

  1. Maintain convenor’s post-conference reports on their RCC file.
  2. Record positive and difficult aspects of conferences and develop future strategies. This is used as evidence of ongoing professional self-assessment and development.

CIMS reports

  1. Produce CIMS Reports on a variety of aspects of a Convenor’s performance.
  2. File evidence used on Convenor’s RCC file with other RCC paperwork.
  3. Include following CIMS reports for period of currency from previous Instrument of Appointment, for each Convenor:
  • convenor work list in a period
  • referral status by date received
  • local unit performance in a period
  • YJC referrals with count of participant type in conference
  • YJC convenors and reasons for declining referral

CIMS Convenor notes

  1. Make any notes relevant to reviewing Convenor’s RCC on their individual CIMS record, located on CIMS Menu YJC: Convenor: notes. These can be accessed as part of evidence relied upon in RCC process.
  2. Deal with performance issues with individual convenors when they arise.
  3. Document these issues and their resolution in CIMS notes with any identified support strategies, where applicable.
Note: It’s not appropriate / acceptable for an Assistant Manager (YJC) to raise an issue during a RCC process which arose during period of appointment and was not addressed with the Convenor when issue arose.

RCC assessment report

  1. PrepareRCC assessment report after collecting evidence of Convenor’s performance following appointment period, to be filed on Convenor’s RCC file).
  2. Undertake a review of Convenor’s performance during appointment period.
  3. Pay particular attention to CIMS report data generated from CIMS reports. This will include:
  4. 10 day notice to young person (section 45 YOA)
  5. conference held within 28 days of receipt (section 43 YOA)
  6. five days between submission of Form 9 checklist / date of conference
  • number of conferences with a wide range of participants including YLO, IO, victim, victim support, immediate family, extended family/ community
  • analysis of all Convenor invoice for services submitted during relevant appointment period;
  • analysis of outcome plans for meeting sections 7/ 34 YOA principles and purposes, adhering to section 49 guidelines and including a variety of appropriate outcomes
  • records of attendance at local Convenor forums and meetings, assistance facilitating Convenor training sessions/information sessions
  • convenor’s last conference observation report
  • report from supervising AM (YJC).

Key tasks of assessor - see RCC Checklist

People you need:
  1. Collect evidence of Convenor’s performance (see Assessment Method and Evidence).
  2. Review gathered evidence.
  3. Decide whether Convenor has maintained past competencies to required standard during expiring Instrument of appointment’s period of currency.
  4. CompleteRCC Assessment report
  5. Make a recommendation on applicant Convenor’s current competence.
  6. Prepare a submission to Regional Director for approval of RCC recommendation/renewal of Instrument of appointment, where appropriate, using pro forma submission

Record keeping