Traffic Offender Intervention Program
Operating Guidelines
1.
Introduction
The Traffic Offender Intervention Program enables magistrates to refer unsentenced
offenders who have pleaded guilty to, or been found guilty of, a traffic offence to an
approved traffic course. Approved traffic courses are intended to meet the objectives
of the Traffic Offender Intervention Program, namely to provide offenders with the
information and skills necessary to develop positive attitudes towards driving and
develop safer driving behaviours.
These Operating Guidelines are to be read in conjunction with the Criminal
Procedure Amendment (Traffic Offender Intervention Program) Regulation 2007.
1.1
Eligibility and suitability criteria
The program is available to offenders charged under the road transport legislation
(within the meaning of the Road Transport (General) Act 2005) with summary
offences or indictable offences that may be dealt with summarily. Specific eligibility
and suitability criteria are contained in the Criminal Procedure Amendment (Traffic
Offender Intervention Program) Regulation 2007.
2.
Referral Process
2.1
How is an offender referred to the program?
Application for referral to the traffic offender intervention program is made presentence either by the defendant, the defendant's legal representative, or on the
court's own motion.
The offender or his/her legal representative is responsible for identifying the preferred
course provider based on location, attendance requirements, and the availability of a
place. A database of approved traffic course providers is maintained on the PCYC
website www.pcycnsw.org/toip to assist in this process.
If assessed by the magistrate as eligible and suitable, the offender signs a Program
Participation Order (see Appendix). For offenders on bail, attendance and
participation in the nominated course is also included as a bail undertaking.
The magistrate then adjourns the matter for sentencing, allowing sufficient time for
the nominated course to be completed.
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2.2
How is the approved traffic course provider notified about the identity of
the offender?
Following the magistrate’s referral to the nominated course, the offender, or his/her
legal representative, is responsible for confirming the time and date of attendance
and the address of the course.
At the same time or shortly thereafter, the Court will fax a copy of the Program
Participation Order to the nominated course provider. The Program Participation
Order will contain the offender’s signature that can be checked against his/her
signature on attendance.
It is recommended that course providers also require the offender to produce photo
identification where possible, such as a driver’s licence, passport or other photo ID.
2.3
Conditions of participation in the specified traffic course
The Program Participation Order (see Appendix) includes a generic set of conditions
for participation in an approved traffic course. Individual course providers may
require participants to adhere to further conditions. In particular, prior to
commencement, participants should be notified about attendance and assessment
standards required to complete the course.
3.
Approved Traffic Course Requirements (Minimum standards)
3.1
Record keeping
3.1.1 Required information
The approved traffic course provider must keep records containing the following
information:
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Name, address and date of birth of the offender
Details of ID used to identify the offender
The nature of the offence(s)
The extent to which the offender has complied with the requirements of the
course (including attendance and assessment)
A copy of the Program Participation Order
Any fees or other moneys paid by the offender to the course provider in
relation to the course
3.1.2 Access to information
Records relating to the offender and the offender’s participation in the program must
be held securely, either as hardcopies in a lockable cabinet or as electronic copies
on a password protected computer.
Staff are to treat participant records as confidential.
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Representatives from the New South Wales Department of Justice are to be given
access to or copies of course records provided reasonable notice has been given to
the approved course provider.
3.1.3 Reports back to court
Approved course providers must report back to the court on the offender’s
participation in the course using the court report format included in the Appendix.
Course providers are to indicate in the report which of the following scenarios
occurred:
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
Offender attended satisfactorily
Offender attended some sessions but failed to achieve satisfactory attendance
Offender failed to attend any sessions
Offender withdrew voluntarily without attending
Offender withdrew voluntarily after partial attendance
Offender was expelled from program
If the participant attends satisfactorily, the court must receive the report within 5
working days of the date on which the offender is due to reappear in court.
If the participant’s attendance is unsatisfactory, course providers are to complete and
return the report back to court at the point where there is insufficient time left in the
course for the participant to achieve a satisfactory attendance level.
If the participant is expelled from the course, course providers are to complete and
return the report back to court as soon as the expulsion is effected.
If the participant withdraws voluntarily, course providers are to complete and return
the report back to court immediately upon receiving notification of the withdrawal
from the participant.
3.1.4 Annual reports
Approved course providers are required to submit an annual report. The report will
detail activity for the calendar year 1 January to 31 December and is to be sent to the
Crime Prevention Division no later than 31 March of the following year.
The annual report is to include the following information relating to the calendar year:


Number of participants
Breakdown of participants by completion/non-completion, reason for noncompletion, referring Local Court, offence(s), age, gender, ATSI status and
culturally/linguistically diverse background.
A copy of the annual report format is included in the Appendix.
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3.2 Course Content
3.2.1 What topics are to be covered during the course?
Course content must further the Traffic Offender Intervention Program objectives by
including the following measures:
a) Measures that aim to improve the understanding of course participants of their
legal obligations as road users
b) Measures that aim to develop safe driving behaviour by course participants
c) Measures that inform course participants about the potential impact of traffic
offences on the victims of such offences and on the community generally.
The following are suggested, though not exclusive, topic areas to be covered during
the course:
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3.3
Road safety
Drinking/drug taking and driving
Perspective from Ambulance workers,
representative
Alcohol and other drug education
Legal consequences of traffic offences
Impact of traffic offences
Maintenance of safe vehicles
Police,
Insurance
industry
Course delivery
3.3.1 Course and session length
To satisfactorily cover the required topic areas an approved traffic course should
contain a minimum of six individual sessions and a maximum of 10.
Sessions should run for a minimum of 60 minutes and a maximum of 120 minutes.
3.3.2 Class size
There is no maximum class size. However, it is recommended that the number of
participants in each session should not exceed 30.
3.3.3 Venue facilities
Venue facilities must comply with Occupation Health and Safety guidelines.
Specifically, they should include the following:
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Toilet
Disabled access
Fire exits
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3.3.4 Dealing with alcohol or other drug affected participants
Approved course providers are to have a procedure in place to deal with participants
who attend visibly affected by alcohol or other drugs.
The incident is to be noted on their records.
The course provider may expel the offender from the course. If this occurs the
course provider must inform the court of this decision.
3.4
Complaints procedure
Course providers are to have in place a complaints procedure and are to document
and file any complaints raised by the participant in regard to the following:
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Attendance
Access to venue
Exclusion due to behaviour/intoxication
Completion of assessment tasks
Payment of fees
Where complaints cannot be resolved at a local level, the complainants should be
informed that they can raise their complaint with the Director, Crime Prevention
Division.
3.5
Fee structure
The fee charged for a course must be on a cost recovery basis and not for profit.
3.6
Identified educational supervisor
Course providers are to nominate an identified educational supervisor and provide
details of their qualifications, employment history, appropriate teaching qualification
and experience.
4.
Approval Process
4.1
How does a traffic course provider apply to become an approved traffic
course provider?
In order to become approved, course providers must complete the Traffic Offender
Intervention Program Application for Approval form and send it, along with supporting
documentation, to:
Crime Prevention Division
New South Wales Department of Justice
GPO Box 6
Sydney NSW 2001
A copy of the Approval for Application Form is included in the Appendix.
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4.2
How does New South Wales Department of Justice decide who becomes
an approved course provider?
The Crime Prevention Division, New South Wales Department of Justice, will
convene an Application Review Committee, including representatives from the Roads
and Maritime Services and Local Courts, to review applications for approval and
make recommendations to the Director General of the New South Wales Department
of Justice. The involvement of the RMS and Local Courts administration ensures the
committee has sufficient expertise to review applications and that the process is as
transparent as possible. Applications can be received at any time and the review
committee convened on an “as needed” basis.
In the event the committee assesses an application as unsatisfactory in one or more
categories, the applicant will be advised and given the opportunity to resubmit their
application. There is no limit to the number of times a course provider can submit an
application for approval.
If an applicant disagrees with the decision of the Application Review Committee an
appeal can be made in writing to the Director, Crime Prevention Division, Department
of Justice. If that appeal is unsuccessful, a further appeal can be made to the
Director General of the Department of Justice. Finally, an appeal can be made to the
Administrative Decisions Tribunal.
Prior to making its recommendation to the Director General, the Committee assesses
applications based on information provided in the Traffic Offender Intervention
Program Application for Approval form. The information requested falls into the
following categories:
4.2.1 Course provider details
This section requires applicants to supply the following information in relation to their
agency:
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Name of the course provider
Contact details (postal and street address, phone and fax number, email
address)
Brief history of course provider, evidence of incorporation and organisational
structure.
Educational supervisor’s qualifications and experience
Generic
information
on
course
presenters
(that
is,
position/qualifications/experience required of presenters, rather than details of
individual presenters)
4.2.2 Course Content
This section requires applicants to supply the following information in relation to
course content and delivery:
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Objectives of the course
Outline of course content
Samples of materials used in course (handouts, videos)
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
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Assessment criteria for the course, including the minimum rate of attendance
required of course participants
Proposed monitoring and evaluation mechanisms for the course
4.2.3 Course administration and venue facilities
This section requires applicants to provide the following information in relation to the
administration of the course and venue facilities:
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Copy of all traffic offender forms under agency letterhead (registration and
attendance forms, completion certificate, assessment questionnaires, program
evaluation forms, release of information forms, complaints procedure form)
Information security (storage of participant records)
Venue facilities satisfying Occupational Health and Safety standards.
Staff development activities
4.2.4 Fee structure
This section requires applicants to detail their fee structure if applicable.
4.3
How often must approval be renewed?
Approved traffic course providers are required to resubmit an application for renewal
of approval every three years from the date of their approval by the Director General.
4.4
How are legal representatives provided with an up-to-date list of
approved traffic course providers?
The list of approved traffic course providers is maintained on the PCYC New South
Wales website www.pcycnsw.org/toip.
4.5
How is the quality of traffic course provision maintained during the three
years approval is given for?
The New South Wales Department of Justice reserves the right to request
information from or visit an approved traffic course provider to ensure that the
minimum standards for approval are being maintained. Representatives of the
Department will give reasonable notice before visiting an approved traffic course
provider.
Approval will be withdrawn from providers whose standards fall below minimum
requirements and their names will be removed from the list of approved traffic course
providers utilised by the Local Courts.
4.6
What are the notification requirements for providers who want to vary
their program/venue/personnel?
Approved traffic course providers who wish to vary aspects of their course delivery
that are relevant to the criteria to be met for approval must notify the New South
Wales Department of Justice in writing.
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This does not include changes in personnel, but would include changes in the
qualifications/experience a course provider requires from their personnel, changes in
contact details, course content and venue.
Appendix
Forms
1.
2.
3.
4.
Program Participation Order
Report back to court
Annual report format
Application to become approved program provider
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APPENDIX – Forms
1. Program Participation order
Referring Court:
Court to be reported back to:
Date report required by:
Participant’s Name:
Date of birth:
Address:
Telephone number:
Offence(s):
Course provider:
Course address:
Scheduled start date:
Conditions:

I agree to attend the above-mentioned course at the above address on the
scheduled start date.
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I agree to take with me to each course session the following:
Program Participation Order
Photo identification
Pen and notebook
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I agree to attend punctually for each session and in accordance with the
requirements of the course provider
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I agree to complete any assessment tasks set by the course provider
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I understand that if I fail to attend, the court will be informed and I may be
returned to court for sentence determination

I understand that if I attend the course under the influence of alcohol or drugs I
may be expelled from the course and returned to court for sentence
determination

I agree to abide by the standards of behaviour that the course provider
requires and understand that if I don’t I may be expelled from the course and
returned to court for sentence determination
Signed:
Date:
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Witnessed by:
9
2. Report back to court format
[Course provider’s letterhead]
[Course provider’s contact details]
Report to Court
Local Court:
Court adjournment date:
Participant’s Name:
Date of birth:
Address:
Referring Court:
Offence(s):
Course start date:
Course finish date:
Attendance record (please circle below):
Satisfactory Attendance - Unsatisfactory but partial attendance
Nil Attendance
Withdrew voluntarily (without attending)
Withdrew voluntarily (after partial attendance)
Expelled from course
Assessment tasks: (please indicate participant’s performance on assessment
tasks)
General comments: (please comment as necessary on attendance, participation in
class activities, discussions etc.)
Signed:
Date:
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3. Annual Report Format
Service Provider:
Reporting period: 1 Jan
to 31 December
Number of Participants:
Number
Completers
Non-completers
Not known
Total no. of participants
Reason for non-completion
Number
Withdrawn
Failure to attend
Expelled due to inappropriate behaviour
Other
Total
Local Court making the order:
Number
LC A
LC B
LC C
LC D
LC ...
Not known
Total
Offence(s):
Number
PCA
Low range PCA
Mid-range PCA
High range PCA
Special range PCA
PCA range not known
Sub-Total PCA
Speeding
0-15 kph
15-30 kph
30-45 kph
> 45 kph
Sub-Total Speeding
Drive whilst unlicensed
Drive whilst disqualified
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Negligent driving
Dangerous driving
Other
Not known
Total
*Multiple offences should be indicated so “Total” for this section will not agree with
total number of participants.
Age:
Number
< 18
18-19
20-24
25-29
30-34
35-39
40-44
45-49
50-54
55-59
60-64
65-69
70-74
75-79
>80
Not Known
Total
Gender:
Number
Male
Female
Not known
Total
ATSI:
Number
ATSI
Non ATSI
Not known
Total
Culturally/linguistically diverse background:
Number
Yes
No
Not known
Total
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Participant fees:
Amount
Standard rate
Discount rate (if applicable)
Total participant fees collected during
reporting period
4. Application for Approval
1.
Course provider details
Course provider name:
Type of agency:
Manager/coordinator’s name:
Postal address:
Address of primary premises (if different from postal address):
Telephone number:
Email:
Fax:
2.
Checklist for required documentation.
Please provide the following documentation:
A.
Course provider and personnel
Course provider

Brief history of the course provider

Organisational structure and lines of accountability

Evidence of incorporation
Service delivery locations

List of addresses for all venues for which approval is sought
Educational supervisor

Copies of qualifications, employment history, appropriate teaching qualification
and experience of the nominated educational supervisor
Course presenters

Qualifications and experience the course provider requires from its presenters
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B.
Course Content
Course delivery

Goals and objectives for the program (measurable and attainable)

Curriculum content
Educational materials

Copies of client manual and/or handouts to be used

Copy of course outline and objectives and topic summaries in other
languages, if available

Other materials, including videos

Strategy for keeping materials up to date
Assessment criteria

Assessment criteria for individual subjects

Minimum rate of attenda
C.
Administration and facilities
Administration and documentation

Copy of all traffic course forms under course provider letterhead. These may
include:
1. Registration and attendance forms
2. Participation agreement
3. Completion certificate
4. Program evaluation/appraisal form
5. Complaints procedure
Fee Structure (if applicable)

Standard rate

Discount rate

Other rates
Information security

Demonstrated understanding of privacy principles in relation to client personal
information and files.

Details of secure storage for client files

Details of policy relating to access to client files
Venue facilities

Outline of facilities and resources available at each venue.
Complaints procedure

Outline of course provider’s complaints procedure
Professional Development

Demonstrated commitment to participating in professional development
activities
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D.
Undertaking
This course provider agrees to abide by the standards and guidelines set out in the
Traffic Offender Intervention Programs Guidelines and to allow New South Wales
Department of Justice representatives to visit the course provider’s premises,
interview the Educational Supervisor, view files, review paperwork and observe
educational sessions in order to monitor compliance. Any variation from the
standards and guidelines shall be requested by the course provider in writing and
approved by the New South Wales Department of Justice in writing before
implementation.
Signed:
Name:
Position:
Date:
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