Chapter 1 - Family Harm

Question 1

An effective Police response to Family Harm is based on what following principles?

Answer 1

• Early intervention
• Culturally appropriate
• Safety
• Collecting risk information
• Accountability
• Working Collaboratively

Question 2

What are some things to consider when attending situations involving firearms, in relation to PSO’s and Protection Orders?

Answer 2

If a PSO has been issued, any firearm licence held by that person will be suspended for the duration of the order.

If a Protection Order is in place, any firearms licence held by the respondent will be revoked.

Question 3

What are the guides for determining charges in relation to breaches of protection orders?

Answer 3

When a protection order or related property order has been breached and there is evidential sufficiency:

• Charge the offender with the breach
• Not release the offender on police bail for 24 hours unless there is a court hearing earlier than this (bailable as of right)

Primary consideration is the need to protect the victim, their family members and all protected persons

Question 4

When considering what charge is appropriate, what should you do?

Answer 4

• Do not minimise violence
• Ensure that the offender is charged/prosecuted in a way that reflects the nature of their offending
• Ensure there is sufficient evidence which can be adduced in Court that can provide reasonable prospect of conviction
• Consider any continuing risk the offender poses to the victim

Question 5

Explain a Police Safety Order?

Answer 5

Immediate effects of a PSO:

• Surrender any weapon in their immediate control (firearms licence)
• Vacate any land or building occupied by person at risk
• Provide cooling down period. Person at risk to seek support/assistance/apply for protection order
• Bound person to seek support/assistance.

For family relationships only

Question 6

What are some of the longer effects of a PSO?

Answer 6

The young person must not:

• Engage in behaviour that amounts to any form of family violence against person at risk.
• Make any contact with a person at risk that is not authorised
• Encourage any person to engage in behaviour against or make contact with person at risk, where the behaviour or contact, if engaged in or made by the bound person, would be prohibited by the order.

Question 7

What is the bound person authorised to do in relation to contact that does not amount to a breach?

Answer 7

If the contact is:

• reasonably necessary in an emergency
• permitted under any special condition of any relevant protection order
• necessary in order to attend a family group conference
• necessary to attend a proceeding before a court or person actin judicially or any proceeding that would be jointly attended.

Question 8

What effect does a PSO have on a parenting order?

Answer 8

A PSO suspends all parenting orders

Question 9

When can a PSO be issued?

Answer 9

A qualified constable or constable authorised by a qualified constable may issue a PSO against another person, if RGTB that the issue of the order is necessary to help make the person at risk safe from family violence

Question 10

When can a PSO not be issued?

Answer 10

• PSO’s cannot be issued if the person posing a risk is charged for a family violence offence
• Person posing a risk is under 16 years old
• Can be issued if initially arrested but later released without charge
• Can be issued if protection order in place

Question 11

What are some considerations when issuing a PSO?

Answer 11

• whether the person posing a risk has inflicted or is inflicting family violence
• will inflict family violence
• the welfare of any children residing with person at risk
• hardship that may be caused if order is issued
• any other relevant matters

Question 12

What should you take into account when issuing a PSO

Answer 12

• previous police interactions
• history of mental illness
• presence or history of alcohol/drugs
• propensity for violence
• family harm history
• parenting orders/protection orders/previous PSO
• multi agency plans in place
• whether person posing a risk is currently involved with perpetrator services

Question 13

What are some hardships to consider that may be caused to any person in relation to a PSO?

Answer 13

• who will have the family car
• who is in charge of family finances and holds eftpos cards/money
• the financial ability for the bound person to find alternative accommodation and transport
• whether any child has a disability or illness requiring more intensive care and support

Question 14

What do you need to consider when deciding the duration of a PSO?

Answer 14

• 10 days max
• Factors: weekends, public holidays, individuals ability to access the courts
• how long would it take for the family to access appropriate support services

Question 15

What should you consider if you issue a PSO for longer than 5 days?

Answer 15

• likelihood of serious harm occurring
• parenting/property orders being sought
• victim relocation is being sought

Question 16

What are you powers in relation to a PSO?

Answer 16

You may:

• Detain person bound for up to 2 hours to obtain authority, issue and service order. Commences when the constable decides that a PSO is necessary
• Remove the person the premises and to a Police station or place used as a Police station during the period of the detention.

If refuses to remain commits an offence and is liable on summary conviction to a fine not exceeding $500 and may be arrested without warrant. If a child fails or refuses to be detained at an address, this is to be dealt with in youth court.

Question 17

What must you explain in relation to a PSO?

Answer 17

Nature, duration, effect of PSO and conditions

Question 18

What do you do if the bound person breaches a PSO?

Answer 18

Take into custody for the breach
Brought before the court within 24hours
Make complaint to the court requesting that it makes an order under s45
If cannot be brought before the court within 24hours, at or before the expiry of the period, you must release the person and summons them to appear
Person can be arrested if they fail to appear as summonsed

Question 19

What should you do if a bound person absconds after the breach?

Answer 19

Must capture the breach in On Duty or advise CRL, you have one month from the breach to locate the person and to bring them into custody. You then have 24 hours to bring them before the court.

Question 20

What are the powers of the courts, if satisfied that the bound person has refused of failed to comply with a PSO?

Answer 20

The court may:

• Continue with an existing order for the duration of issue
• If the order has not expired, direct that another order be issued
• If the order has expired, direct that another order is issued against bound
• Adjourn the proceedings so that a District Court judge can consider a temp protection order should be issued.

Question 21

How do you notify the person at risk?

Answer 21

• Making three attempts to call within one hour
• Send a unit for a 4Q
• Update NIA

Question 22

When do Police serve a Protection Order?

Answer 22

If:

• respondent holds a firearms licence
• respondent believed to be in possession of a firearm
• service is assessed as being a significant risk to the server
• protection order granted without notice

Question 23

Can you issue a PSO against a child?

Answer 23

Issuing a PSO against a child should be a last resort. The Act states that PSO’s cannot if the person posing a risk is the person posing a risk is a child unless satisfied that the child is aged 16 or 17 and that the order is justified by special circumstances (s31)

Question 24

What are the responsibilities for Police in relation to a Protection Order?

Answer 24

Robust info sharing, collaborative risk assessment and safe service delivery practices for protection orders will be developed and implemented in conjunction with courts.

At the time of service, police will demand surrender of all firearms and firearms licences.

Staff is of paramount importance when determining appropriate methods to seize firearms or firearms licences.

Officer serving a protection order will contact victim and inform them that service has occurred.

All breaches of protection orders and related property orders will be taken seriously and if there is sufficient evidence

Question 25

Can the respondent of a protection order be a young person?

Answer 25

Respondent can be a young person of or over 16 years old in special circumstances (s64)

Question 26

What is the District Court ability to issue protection order?

Answer 26

Failed to comply with PSO - Temp protection order without application or persons present if victim does not object

Court can detain for up to 2 hours

Final protection order when sentencing an offender convicted of an offence involving family violence if satisfied order is necessary for the victim

Question 27

Conditions - Non violence conditions must not?

Answer 27

Engage in behaviour that amounts to any form of family violence against the protected person

Make any contact with the protected person that is not authorised

Encourage any person to engage in behaviour against or to make contact with a protected person where the behaviour if engaged in or made by the respondent would be prohibited by the order.

Question 28

The definition of family violence has been widened and now includes what?

Answer 28

• ill-treating a house pet or other animal that is important to someone
• harassing behaviour such as loitering near where someone lives/works
• disrupting the care of someone who needs it because of their age/health/disability
• one/several acts that form a pattern of behaviour
• coercion or controlling behaviour
• dowry-related abuse

Question 29

What are some non-contact conditions?

Answer 29

Protected person can suspend/reinstate non contact conditions any time

Contact not a breach if:

• reasonably necessary in an emergency
• permitted under any order or written agreement regarding contact, care or custody of a CYP
• permitted under any special condition of the protection order
• necessary for the purposes of attending a family group conference
• necessary to attend a proceeding before a court or person acting judicially or to attend any matter associated with such a proceeding which would be jointly attended.

Question 30

Explain consent and stopping contact in relation to a protection order?

Answer 30

If the protected person wants to have contact with the respondent, they must give consent in writing (email, letter, text, other digital message)

The protected person can change their mind and stop contact with the respondent, they can withdraw consent at any time in any way (does not need to be in writing)

Special conditions restricting contact must be followed.

Question 31

What are the conditions relating to weapons?

Answer 31

It is a condition of every protection order that the respondent must not:

• possess, or have any weapon (firearm, airgun, pistol, restricted weapon, ammo, explosive) under their control
• hold a firearms licence.

Any firearms licence held by respondent is deemed suspended, when an order becomes final then the licence is deemed to be revoked.

Police retain weapons on issue of a protection order. Police must never approve firearms licence while PO in place.

Question 32

What are the core principles when serving a protection order?

Answer 32

• Safety
• Information gathering
• Accountability
• Working collaboratively

Question 33

When do Police serve protection orders?

Answer 33

• Without notice
• Significant risk of harm

Other circumstances to be served by court staff

Question 34

What must the serving Police officer do?

Answer 34

• Give notice to OC Station
• Contact victim and inform
• Document victim contact in NIA
• Forward notice of service to family court
• Maintain national recording standards
• Ensure PO is deleted from Police file record once served