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Police v Charlie (A Young Person) (1991) 9 FRNZ 652 (DC)
Case summary provided by BROOKERS
Name: Police v Charlie (A Young Person)
Reported: (1991) 8 FRNZ 652
File number: CRN1204003505-07 & ors
Date: 16 August 1991
Court: District Court
Location: Auckland
Judge: McElrea DCJ
Charge:
CYPFA: s283(l)
Key Title: Family Group Conference - Plan; Orders - Community Work
Brooker’s summary:
Youth justice - Family group conference recommendations - Recommendation that young person do community work supervised by social worker who charges $10 an hour unacceptable - Not for individuals or organisations to make a profit out of the misfortunes of young people - Children, Young Persons, and Their Families Act 1989, s 283.
Charlie, nearly 16, appears on a large number of (unspecified) charges. The family group conference recommended that Charlie be given 200 hours of community work and that his community work order be supervised by a named person who charges $10 an hour for his services. The Department of Social Welfare objected to the $2,000 bill and proposed that the Court reduce it to 75 hours community work as their payment ceiling for such services is $750.
Held,
(1) It could be a matter of great potential embarrassment for the Department of Social Welfare and to the Court if it were to approve the department's proposal. The department's proposal that the community work hours recommended by the family group conference be reduced because the department has proposed somebody who charges $10 an hour for their supervisory services is unacceptable. The department needs to look very carefully at the principle of appointing people who might be making a profit out of supervision when there are community organisations who supply the same service for no charge whatsoever. The Children, Young Persons, and Their Families Act 1989 is not to be used by private individuals or organisations to make a profit out of young people's misfortune.
(2) It is not encumbent upon the family to find appropriate supervisors. That is the job of the Department of Social Welfare which must have a list of appropriate and suitable placements for community work.
(3) A family group conference is to be reconvened to reconsider the matter.
Hearing
Reasons given for further adjourning a matter under the Children, Young Persons, and Their Families Act 1989.
The facts appear from the judgment.
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