Chapter 1.1- Family violence

Question 1

Who can issue Police Safety Orders?

Answer 1

A qualified constable.

A qualified constable is a constable of or above the position level of sergeant. They must hold the substantive position level or otherwise be formally appointed or authorised under section 63 Policing Act 2008 to the appropriate position.

Question 2

What are the effects of a safety order?

Answer 2

The immediate effects of a police safety order requires a person to:

1) surrender any weapon in their control or any firearms licence held to a constable
2) vacate any land or building occupied by a person(s) at risk regardless of whether the person against whom the order is issued has a legal equitable interest in it

Question 3

What effect does a Police Safety Order have on a parenting order?

Answer 3

It suspends it.

Any day to day contact or care of a person provided for in the parenting order has no effect and the provisions of the safety order apply.

Question 4

When can a police safety order be issued?

Answer 4

If a constable:
1) Does not arrest the bound person for an offence involving the use of violence against the person at risk

2) has reasonable grounds to believe, taking specific matters into account, that the issuing of an order is necessary to ensure the immediate safety of the person at risk

Question 5

When can a police safety order NOT be issued?

Answer 5

1) if the person is under 17 years old
2) if the alleged violent person is the subject of a protection order issued by the family court and the applicant is the person at risk. It is likely that the behaviour complained of will constitute a breach of the protection order

Question 6

What is the maximum length of a police safety order?

Answer 6

5 days

Question 7

What are Police powers pending the authorisation and issue of an order?

Answer 7

You may:
1) detain the person against whom the order is to be issued for up to 2 hours to allow you to obtain the necessary authority and to issue and serve the order on that person.

2) remove the person from the premise and to a police station or place used as a police station (eg: a patrol car) during the period of the detention.

Question 8

Is it an offence for a person to fail to remain for a police safety order to be issued?

Answer 8

Yes. A person who refuses to remain at the place where they are detained:

• commits an offence and is liable on summary conviction to a fine not exceeding $500
• may be arrested without warrant

Question 9

What must you do if you are unable to issue and serve a police safety order within 2 hours?

Answer 9

You must release the detained person.

You then have a period of 48 hours to issue and serve the order on that person

Question 10

When does the 48 hour period to issue a police safety order begin?

Answer 10

It commences from the time a qualified constable authorised the issuing of the police safety order

Question 11

What must you do if a bound person is arrested for breaching a police safety order?

Answer 11

1) Bring them before the court within 24 hours
2) Make a complaint to the court requesting that it makes an order under section 124N of the act
3) if the person cannot be brought before a court within 24 hours, at or before the expiry of the period you must release the person and summons them to appear

Question 12

What must you do if a bound person absconds after breach a police safety order?

Answer 12

You must advise CRL.

You have one month from the time of the beach to locate the person and bring them into custody. You then have 24 hours to bring them before the court.

Question 13

Can you apply for a warrant to arrest to be issued when a bound person has absconded after breaching a police safety order?

Answer 13

Yes.

When a warrant is executed you must:

1) bring the person before the court as soon as possible
2) make a complaint to the court in the prescribed form so that the court can exercise its jurisdiction under section 124N

The warrant can only remain active for 1 month.

Question 14

What are the powers of the court where a person has refused or failed to comply with a police safety order?

Answer 14

The court may:

1) direct another order be issued for a period not exceeding 5 days. This must be served as soon as practicable
2) adjourn proceedings so that a district court judge can consider whether a temporary protection order should be issued

Question 15

If a person bound by a police safety is brought before a court for breaching that order- who notifies the person at risk?

Answer 15

Prosecutors must advise the person at risk of the court decision and any subsequent action. If the person at risk is not present at court then the prosecutor, officer of the court or constable of a district must try to contact the them to advise them of the court outcome.

Question 16

What must a prosecutor, officer of the court or constable do if they cannot advise a person at risk of a court outcome in regards to a police safety order breach?

Answer 16

They must request the crime reporting line to contact the person by:

• making 3 attempts of telephone calls within 1 hour
• then send a local unit to compete a 4Q follow up event
• update NIA record to reflect action take.

Question 17

What are the 7 key or critical points surrounding protection orders?

Answer 17

1) to ensure the safety of victims and police, service of protection orders must be afforded priority and carried out without delay

2) police must serve protection orders if the respondent:
- holds a firearms licence
- is believed to be in possession of or have access to a firearm
- service is assess as being a significant risk to the server

3) at the time of service police must demand surrender of all firearms and the firearms licence
4) police service of protection orders are crime prevention and victim focus safety opportunities
5) The officers serving a protection order must ensure the victim is contacted and informed that service has occurred
6) district court and police staff must develop and implement robust and information sharing, risk assessment and safe service delivery practises for protection orders
7) all breaches of protection orders must be taken seriously and if there is sufficient evidence it is expected that in most cases the offender will be arrested and prosecuted for the breach

Question 18

Are children protected under protection orders?

Answer 18

Yes. A protection order automatically affords protection to the applicant and any child of the applicants family.

A child aged 17 years and older remains protected until they leave home.

Question 19

Are adult children protected under protection orders?

Answer 19

Adult children not living with the applicant must be identified on the order as a specified person or apply to the court for an order as a protected person.

Question 20

Can a district court issue a protection order?

Answer 20

Yes- they can issue protection orders that have the same effect as those created by the family court.

Example-if a court is satisfied that a person has failed to comply with a police safety order a temporary protection order can be issued without application.

Question 21

When must a respondent to a protection order surrender weapons to police?

Answer 21

As soon as practicable after the service of a protection order (and within 24 hours of the service

AND

On demand made, at any time by a constable

Question 22

What happens to a respondents firearms licence when a protection order is issued?

Answer 22

If a temporary protection order is issued then a firearms licence held by the respondent is deemed suspended.

The firearms licence is deemed to be revoked when an order becomes final.