1b) Family harm Flashcards
6 principles that guide Police response to family harm
1) Early intervention
2) Culturally appropriate
3) Safety
4) Collecting risk information
5) Accountability
6) Working Collaboratively
Family relationship?
- Spouse/partner
- Family member
- Ordinarily shares a household
- Has a close personal relationship
Who can issue a PSO
1) Qualified constable or
2) constable authorised by a qualified constable.
Qualified constable
- Sergeant or
- Constable with section 63 authorisation
Immediate effects PSO
1) surrender weapon and firearms licence (section 40)
2) vacate any land/building occupied by person at risk
3) Provide a cooling down period to person at risk to get support
Longer effects PSO
1) no violence
2) no contact
3) contact via third party
unless emergency, attendance at FCG or court
4) parenting order is suspended
Factors to consider PSO
Total concern for safety
plus:
- whether they will inflict harm
- welfare of children
- hardship
(car/finances/alt. accomodation/childcare)
PSO duration
0-5 days
5-10 days
- likelihood of serious harm
- pending parenting or protection order
- victim relocation sought
Police power detained for PSO
- up to 2 hours
- remove person
Refuses to remain
- arrest
- summary conviction and fine up to $500
Breach PSO
- not an offence (no charging doc)
- file complaint form (POL2142)
- bring before court within 24 hours
- “detained” or “being taken into custody”
Abscond after PSO breach
- Advise PSO hotline
- 1 month to locate bound person
- once located, 24 hours to bring before court
- can apply for WTA under section 51 - valid for 1 month
Court powers breach PSO
- continue with existing ordered
- issue another order
- adjourn proceedings to consider temporary protection order
Notifying the person at risk following breach
Prosecutor/officer of court/constable must:
- make three attempts to telephone within an hour
- send a local unit to complete a 4Q
- update NIA to record action
PSO for 16/17 - special circumstance
- RGTB person at risk of serious violence and
- total level concern ‘high’ and
- approval from Senior Sergeant or above and
- Snr has consulted with OT
16/17 PSO fails to remain
- power of arrest
- offence and up to $500 fine
- dealt with in Youth Court
Issuing a PO
- issued by Family Court
- District Court can detain for 2 hours and issue temporary after PSO breach
- must have protected parties consent
PO standard conditions
Non-violence
- including animals
Non-contact
- unless emergency/attending FGC/permitted special condition
- consent must be in writing
Assessment and non-violence programs
Conditions relating to weapons
Weapons and PO
- Not possess any weapon
- hold a firearms license
Respondent must:
- surrender any weapon as soon as practicable (within 24 hrs) or
- on demand by a Constable
Temp order - license suspended
Final order - license revoked
Serving PO - core principles that guide response:
1) Data collection
2) Working collaboratively
3) Accountability
4) Safety
C.C.A.S
Serving PO
Courts generally serve
Police serve when:
- high risk
- firearms
- PO granted without notice
