A Second Chance to Give Back

Including People with Community Service or Court-Related Volunteering Needs

Community organisations are often approached by people who want to volunteer as part of a court-ordered community work sentence, or by people who are facing court proceedings and want to demonstrate that they are contributing positively to their community.

For some organisations, this can raise questions: Is it appropriate to accept them? What information should we ask for? How do we protect our clients, other volunteers and staff? And what happens if the nature of the offending is relevant to the work we do?

The answer is not necessarily to say no.

In Aotearoa New Zealand, community work is a sentence requiring people to undertake unpaid work in the community. The Department of Corrections places people with approved community work agencies, which can include voluntary organisations, schools, marae, sports groups and other community organisations. The type of work and placement takes into account the person's offence, circumstances, needs and skills. (Department of Corrections)

For community organisations, this can be an opportunity to support someone to make a positive contribution, develop skills and establish connections with people who can be positive role models.

Everyone deserves the opportunity for a second chance.

That doesn't mean every organisation, role or client group will be appropriate for every person. The nature of the offending—or alleged offending—will be an important consideration, particularly where the organisation works with children, young people, older people, people with disabilities or other vulnerable members of the community.

Ultimately, it is the organisation's decision whether a person is suitable for a particular volunteering role. The decision should be based on a thoughtful assessment of risk and suitability, rather than simply on the fact that someone has been involved with the justice system.

Start with the right questions

Before accepting someone, have a conversation with them about why they are seeking the placement and what they are able to do.

If the volunteering is court ordered, establish whether it is being arranged through a probation officer and clarify what the organisation is expected to provide and report. Corrections manages community work sentences, while an agency supervisor is responsible for supervising the person where the work is undertaken at an agency. (Department of Corrections)

If someone is volunteering before their court case, be particularly clear that volunteering with your organisation is not a guarantee or endorsement that will influence the outcome of their court proceedings. The person may choose to provide evidence of their volunteering to their lawyer or the court, but the organisation should not make promises about what impact this might have.

Consider the nature of the offending

The key question isn't simply, “Does this person have a conviction?” It is, “Is this person suitable for this particular role, with these particular people, in this particular environment?”

For example, an organisation working with children may decide that someone with a relevant history of offending should not have access to children, while there may be appropriate gardening, maintenance, administration or other roles where risk can be managed.

Similarly, an organisation working with people experiencing family violence, financial hardship, addiction or other vulnerabilities may need to consider whether particular types of offending create unacceptable risks.

For someone awaiting trial, remember that an allegation is not a conviction. In New Zealand, charges that have not gone to court, or charges where a person was not convicted, do not form part of their Ministry of Justice criminal conviction history. (New Zealand Ministry of Justice)

Organisations should therefore avoid making assumptions or treating an allegation as proof. At the same time, organisations have a legitimate responsibility to consider safety and suitability when deciding whether a particular role is appropriate.

Put safety first

Before accepting a placement, undertake a simple risk assessment. Consider:

• What will the person be doing?
• Who will they have contact with?
• Will they have access to clients, money, confidential information, vehicles, tools or equipment?
• Will they ever be alone with clients or other volunteers?
• What level of supervision is required?
• Are there particular activities or environments that should be excluded?
• What happens if the person does not follow instructions or organisational policies?

Start with low-risk tasks and increase responsibility only when the person has demonstrated that they can work safely and appropriately.

Provide a proper induction, just as you would for any other volunteer. Explain your code of conduct, boundaries, confidentiality requirements, health and safety procedures, emergency procedures and who they should speak to if they have a concern.

Under New Zealand's health and safety framework, organisations covered by the Health and Safety at Work Act 2015 have duties relating to the health and safety of workers and volunteers. Volunteers also have responsibilities to take reasonable care of their own safety and that of others and to follow reasonable health and safety instructions. (WorkSafe)

Use screening appropriately

Where appropriate, organisations may use references, Ministry of Justice criminal record checks or Police vetting as part of their assessment.

But screening should not become a blanket exercise. The Office of the Privacy Commissioner advises organisations to collect only the personal information they actually need, and consent is required to obtain a person's criminal record. (Privacy Commissioner New Zealand) [When can I check someone’s criminal record?]

Police vetting is also different from a criminal conviction check and can include information held by Police beyond convictions. It is particularly relevant for organisations providing services to vulnerable people. (New Zealand Ministry of Justice)

The results should inform your decision—not automatically make the decision for you. Consider the information alongside the role, the risks, the safeguards available and the person's current circumstances.

Protect everyone involved

It is important that existing staff and volunteers understand that the organisation has accepted someone who may be completing community work or volunteering while involved in court proceedings—but they do not need to know the person's personal history.

Share only information that people genuinely need to know to keep themselves and others safe. Maintain confidentiality and treat the person with dignity.

Set clear boundaries from day one. Make sure there is a named supervisor, regular check-ins and a clear process for dealing with concerns, inappropriate behaviour or breaches of organisational policy.

And remember: someone completing court-ordered community work should still be treated as a person, not simply as a number of hours to be completed.
Look beyond the hours

The greatest opportunity may come after the required hours have been completed.
Community work can give people the chance to learn new skills, develop positive work habits, meet people who model positive behaviour and contribute to something bigger than themselves. (Department of Corrections)

For community organisations, there is an opportunity to say: “You've completed what you were required to do. But if you've enjoyed being part of this organisation, we'd love you to stay.”

The person who arrived needing to complete 80 hours could leave with new skills, confidence, friendships, a reference and a genuine commitment to continuing to contribute.

Of course, not every person will be suitable for every organisation or every role.

Saying no to a particular placement can be the responsible decision. But where risks can be appropriately assessed and managed, offering someone the opportunity to contribute can be a powerful act of community building.

A second chance doesn't mean ignoring risk. It means managing risk responsibly while recognising a person's capacity to change, contribute and become part of their community.

And perhaps the best outcome of all is when the last required hour isn't really the end of the story—but the beginning of a person's ongoing journey as a volunteer.