Chapter 1.2 Family Harm

Question 1

What are the principles of an effective FH approach

Answer 1

→ Early intervention (EYES WIDE OPEN)
→ Culturally appropriate
→ safety of all
→ collecting risk information
→ accountability of aggressor/offender
→ work collaboratively via multi agency approach

Question 2

What are the characteristics of FH

Answer 2

→ can impact on anyone regardless of social status
→ single or multiple episodes
→ main offender male and main victim female
→ CYPS often exposed to FH as witnesses/victims/offenders
→ technology now used to coerce/control/stalk & harass

Question 3

What are the steps to consider if firearms are present

Answer 3

→ check QP to see if person has flic
→- check QP to see if PSO or PO in place and whether firearms have already surrended
→ seize all firearms (S.18 SSA) if K9, PSO or PO appln
→ report to commissioner if you seize
→ consider if flic holder is a fit an proper person

Question 4

What should we consider when planning to interview witnesses.

Answer 4

➡ interview as early as possible
➡ think how can it be proven without victim participation
➡ evidence can be sworn under Evidence Act 2006 & S82 CPA
➡ follow investigative interviewing guide

Question 5

What are some considerations when deciding whether to K9 for a family harm incident

Answer 5

→ sufficient evidence and likelihood of successful prosecution
→ meet solicitor-general prosecution guidelines
no formal complaint is needed in order to K9
→ must consult NCO if you intend to carry out another response when there is sufficient evidence to prosecute.

Question 6

What to consider when charging a family harm offender

Answer 6

→ do not minimize violence
→ ensure charge reflects nature of offending
→ ensure sufficient evidence for reasonable prospect of conviction
→ any ongoing risk to victim

Question 7

What are bail considerations for FH charges

Answer 7

→ Paramount consideration is safety of victim
→ need for victim to access services
→ cooling off period for offender
→ if PO breached then must not grant bail within 24 hrs from K9
→ must have authority of a NCO if considering Police bail for a FH offender

Question 8

What are PSO’s

Answer 8

An immediate order (to protect a victim) issued by a qualified Constable when there is no evidence to support an offence.

Question 9

What are requirements of PSO

Answer 9

→ aggressor to surrender any weapons/flic
→ aggressor to vacate any property
→ allows victim time to apply for PO
→ allows cooling down time
→ valid for up to 5 days
→ can be issued in all types of domestic relationships

Question 10

Who is a qualified Constable

Answer 10

A Constable with the designation of Sergeant or above.

Question 11

What is the effect of a PSO on a parenting order

Answer 11

The parenting order is suspended for the duration of the PSO

Question 12

When can a PSO be issued

Answer 12

→ when there is a domestic relationship
→-aggressor not arrested (once K9 then PSO can’t be issued)
→ RGB that PSO necessary to protect victim.

Question 13

What are Police powers for issue of PSO

Answer 13

→ detain person up to 2 hours
→ remove person to station or other place to issue PSO
→ power to K9 if person fails or refuses to remain.
→ have 48 hours to serve PSO - expire if not served in that time

Question 14

What are steps for serving a PSO on a aggressor

Answer 14

→ Explain conditions of order
→ Call CRL and advise service of PSO
→ demand surrender of firearms/flic 
→ advise agency to give assistance
→ complete 5F report
→ after 24-48 hrs contact victim to check on any breaches

Question 15

What is police action for breach of PSO

Answer 15

→ K9 for breach
→ appear in Court within 24 hours
→ request court to make S.124N order
→ if person can’t appear within 24hrs then summons - original PSO still stands.

Question 16

When may Police be involved in serving a PO

Answer 16

→ flic held
→ possess/access firearms
→ assessed as significant risk to server
→ PO granted without notice

Question 17

When could contact not be in breach of PO

Answer 17

→ emergency
→ order/agreement as to care/custody of minor
→ if special condition of PO
→ Attend FGC
→ Care of Children Act conference

Question 18

What are the conditions relating to a FH offender and firearms

Answer 18

→ must not possess or access to weapon
→ must not hold flic
→ must surrender within 24hrs or on demand by Police
→ Police must not approve flic to someone with PO

Question 19

What must Police do when PO served

Answer 19

→ notify O/C station
→ contact victim and update NIA
→ endorsed copy to Court
→delete PO from Police file once served.

Question 20

What is definition of a child - DV Act

Answer 20

Person under 17 years excluding married/defacto

Question 21

What type of behaviour constitutes of Family Harm.

Answer 21

→ physical
→ sexual
→ psychological
including
↘ intimidation
↘ harassment
↘ damage
↘ threats of abuse
↘ financial abuse

Question 22

What are the relationships that are included within the definition of family harm

Answer 22

→ spouse/partner
→ family member
→ shares household EXCEPT landlord/tenant, employer/employee & employee/employee
→ close personal relationship EXCEPT employer/employee & employee/employee
not necessary to be in a sexual relationship

Question 23

What is held in Police v Elliot - consent of applicant for respondent to be on property

Answer 23

→ applicant can withdraw consent at any time
→ respondent must leave within reasonable time
→ enough time to gather basic items
→ time to arrange somewhere to go
→ can be K9 if refuses to go
→ doesn’t apply if violence used.

Question 24

What is held in Senior v Police - facebook comments

Answer 24

→ a victim doesn’t have to be a fb friend for a breach to occur
→ abuse doesn’t have to be addressed directly at victim