2.3 TASER & Firearms Flashcards
Whenever a TASER is shown or used by an operator against another person, what must the operator do?
notify a supervisor as soon as practicable.
if rural or remote stn, notify the nearest on-duty supervisor
What are the 7 action steps of a supervisor after an operational TASER use? (7)
- PHYSICAL ATTENDANCE - check to see if physical attendance is required
- MEDICAL ATTENTION - ensure after care and medical attendtion is provided
- PRESERVE SCENE - preserve and photograph scene as may be necessary for further enquiries
- EVIDENCE COLLECTION - collect 4-5 cartridge tags
- MEDICAL PRACTITIONER - ensure people who are TASERED are seen by a registered medical practitioner, or qualified ambulance officer
- UPLOAD FOOTAGE AND TOR - ensure operator completes TASER register, TOR and uploads footage to evidence.com
- REVIEW - review footage and TOR
P.M.P.E.M.U.R
What are four action steps of a supervisor after an operational TASER show?
- Operator or individuals involved submit TOR
- Operator completes instances of arching in TASER register
- a. Upload into evidence.com
b. categorises uploaded data incl TOR and event details
c. shares events in evidence.com w supervisor - Debrief officer, review footage along with TOR.
Determine if in accordance with instructions and note on TOR form a summary of outcome.
Disclosure is responsibility of O/C file. When taser footage required who should O/C consult?
District CJSU.
What should occur if OIA or Privacy Act requests TASER data.
Forward to Director: Capability PNHQ
In ensuring compliance with the Arms Act, Police will focus and tailor interventions in line with: (3)
- levels of risk
- actual or potential consequences
- behaviour, attitude and capability of licence holders
What two levels of risk will police focus on
- Magnitude of consequences should an event occur
- likelihood of event occurring
What three things do we know about FA licence holders when it comes to their operating safely, securely and responsibly:
- lack of awareness, understanding or capability prevent some from operating in a safe or secure, or responsible manner
- some make efforts but only because of risk from police of non compliance
- some will not comply at all
What do police aim to do when it comes to risk, attitude, behaviour and capability of FA licence holder (4)
- Make compliance easy for those who can and want to comply
- assist those trying to comply but not succeeding
- encourage compliance through interventions for those reluctant to comply
- full force of regulatory process for those who won’t comply or wilfully negligent
What will Police likely do for those who present low risks and good attitudes
provide information, warning, education and encouragement
What will Police do with those where attitude and risk collide
response will be at higher end of intervention spectrum
What outcomes do Police compliance activities aim to have
personal and public safety, the security of, and the responsible use of firearms
What is the priority with regards to the outcomes of Compliance in Firearms licencing?
Achieving the desired compliance outcome rather than commencing enforcement on every technical breach of relevant law.
Compliance interventions will take into account the attitude towards compliance and be: (6)
- logical, timely considered
- evidence based
- made impartially without fear, favour, bias, prejudice, improper motive
- robust, documented, withstand judicial review
- proportionate to risk posed by non compliment behaviour
- consistent with law, public interest, police policies and values
What range of interventions are available (6)
- provide information and EDUCATION material
- WARNING letters
- improvement notice requiring CORRECTIVE action
- CONDITIONS on dealers or FA licence
- TEMPORARY suspension or consideration of revocation of FA
- REVOKE FA licence, dealers licence or endorsement
What factors do we consider when weighing up the correct intervention tool to apply. (4)
- EXTENT of harm or risk (including self harm and to others)
- CONDUCT (behaviours, intent and capability)
- PUBLIC INTEREST (including if it reflects a widespread problem that can be addressed by highlighting the need for compliance)
- ATTITUDE to compliance
s22H Arms Act DISQUALIFICATION. A person is disqualified from holding a FA if in last 10 years has been convicted of or released from custody after conviction for what offences: (5)
- Various AA offences
- Serious violence offences as defined under s86A Sentencing Act 2002
- Certain Crimes Act offences
- Certain MoDA offences
- Has or has had within previous 10 years a Protection Order made against them (not temporary)
However s22H DISQUALIFICATION doesn’t apply in some circumstances. What are these circumstances?
- Doesn’t apply if person has FA licence and convicted of specified offence or PO against them before the date of commencement of s22H (24/12/20)
- If person doesn’t have FA licence it doesn’t matter when the offending occurred within the previous 10 years - they are disqualified
What date was s22H inserted
24 December 2020
What should police promptly do after a disqualifying event occurs
Give FA licence holder a notice of revocation of licence to prove they had requisite knowledge they are no longer licenced to possess firearms
Can licence holder apply to review or appeal revocation to DC
No
What is the basis of belief a police employee must have when considering a licence holder is failing, has failed, is likely to fail to comply with provision of arms act.
A reasonable belief. Which is an objective basis for belief and proved to the CIVIL standard of “on the balance of probabilities”
What does s24 AA require that a licence applicant to be
A fit and proper person to be in possession of a firearm or airgun
What is the purpose of the AA
- Promote safe possession and use of FA’s and other weapons
- Impose controls on possession and use of FA
