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Chapter 2 Austria - CEP, the European Organisation for Probation

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1.2.1 Chronology of fur<strong>the</strong>r developments- 1964: implementation of probation was entrusted to <strong>the</strong>, as it was <strong>the</strong>n called,Association <strong>for</strong> probation and social youth work (Verein für Bewährungshilfe undsoziale Jugendarbeit). Special emphasis was placed on <strong>the</strong> development ofprobation services in <strong>the</strong> federal provinces (Bundesländer) of <strong>Austria</strong>.- 1969: <strong>the</strong> <strong>Probation</strong> Services Act (Bewährungshilfegesetz) was passed. Itprovided a legal and organizational framework and detailed <strong>the</strong> responsibilities,rights and obligations of probation workers.- 1975: a comprehensive criminal law re<strong>for</strong>m accompanied <strong>the</strong> modernising ofsociety as a whole. Among o<strong>the</strong>r modifications probation services were extendedto adults. As a consequence, <strong>the</strong> association changed its name to Verein fürBewährungshilfe und Soziale Arbeit (VBSA). It extended its services byestablishing central agencies <strong>for</strong> aftercare. These were open to all personsreleased from custody. Fur<strong>the</strong>rmore <strong>the</strong> provision of assisted housing offered <strong>the</strong>possibility to open new places to stay <strong>for</strong> different groups of offenders and thusbroaden <strong>the</strong> services offered.- 1980 amendment of <strong>the</strong> <strong>Probation</strong> Services Act brought an end to discussionson nationalization (see below) of <strong>the</strong> VBSA. Up to this amendment severalopinions and some support existed within <strong>the</strong> Ministry of Justice to establish likein o<strong>the</strong>r countries a public probation system.- 1988: a new Juvenile Court Act was passed which, among o<strong>the</strong>r provisions,provided <strong>the</strong> legislative basis <strong>for</strong> mediation in penal matters <strong>for</strong> juveniles.- 1991: <strong>the</strong> start of comprehensive structural re<strong>for</strong>ms of <strong>the</strong> VBSA with <strong>the</strong> aim ofputting <strong>the</strong> VBSA in a position to implement its mandates on a contractual basis.The position of <strong>the</strong> VBSA was that <strong>the</strong> probation system and o<strong>the</strong>r servicesshould be carried out by a private non profit organization. In reality this wasalready <strong>the</strong> case in <strong>Austria</strong> since <strong>the</strong> existence of <strong>the</strong> VBSA, but <strong>the</strong> politicalsystem never made a final decision with all its necessary consequences. There<strong>for</strong>ea working group with <strong>the</strong> participation of <strong>the</strong> Ministry of Justice developedsuggestions <strong>for</strong> <strong>the</strong> structure, <strong>the</strong> tasks and responsibilities of <strong>the</strong> VBSA as well as<strong>for</strong> a controlling and report system to <strong>the</strong> Ministry. Thus a clear basis <strong>for</strong> <strong>the</strong>relationship between <strong>the</strong> Ministry and <strong>the</strong> VBSA in <strong>the</strong> future should bedescribed.- 1994: <strong>the</strong> Federal Ministry of Justice and <strong>the</strong> VBSA entered into <strong>the</strong> GeneralContract (Generalvertrag), which states <strong>the</strong> obligations and competencies of <strong>the</strong>Federal Ministry of Justice as <strong>the</strong> purchaser and <strong>the</strong> VBSA as <strong>the</strong> provider ofservices. This marked <strong>the</strong> successful completion of <strong>the</strong> structural re<strong>for</strong>ms andfollowed <strong>the</strong> suggestions of <strong>the</strong> working group.- 1999: parliament passed <strong>the</strong> Act on Diversion Measures (Diversionsgesetz). Theprovince of Styria was integrated into <strong>the</strong> VBSA organization, which meant that<strong>the</strong> VBSA became responsible to provide its service in all parts (provinces) of<strong>Austria</strong>. 1 . Also in 1999 <strong>the</strong> VBSA started a project to support victims of severeoffences.1A detailed description of <strong>the</strong> history of VBSA between 1957 and 1989 is contained in <strong>the</strong>brochure “Probezeit”, see Index.

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