Check 1 Flashcards
What are the two primary acts a sheriff officer obtains their powers from?
Sheriff Act 2009
Fines Reform Act 2014
What are the three stages of an infringement prior to becoming a warrant?
Infringement Notice
Penalty Reminder
Notice of Final Demand
(IPN)
What are two methods of execution when executing a warrant ?
Paper
Electronic
What are the three Risk Assessment ratings?
Low (green) - continue as normal
Medium (yellow) - form a plan with SGT
High (red) - stop, form a plan with SGT, RM and deputy sheriff
What are the 7 Victorian public sector values of DJCS?
Responsiveness, Integrity, Accountability, Impartiality, Respect, Leadership, Human Rights
8 Safety Principles
Safety First
Risk Assessment
Take charge
Planned Response
Cordon and Manage
Avoid Force
Avoid Confrontation
Resources
What does TOM stand for and what is the centre and inner circle -
Tactical Options Model
Centre is Safety First and the inner circle is Assess, Plan, Act is in continuous circle.
What tactical option goes around the entire circle ? (green)
Communication - we use communication with everything we do
What are the 8 tactical options?
Communication
Presence
Negotiation
Cordon and Manage
Tactical disengagement
Empty hand tactics
Baton
OC Spray
What are the five steps in the risk assessment process?
- Intelligence gathering
- Initial risk assessment
- Pre-operational planning
- Environmental scanning
- Dynamic risk assessment
(IIPED)
What 2 situations constitutes a duress incident?
Assault or threat of assault which is inescapable and unable to withdraw, or requires emergency services (‘000’).
You are attempting to serve a 7DN but a debtor refused to except it. What should you do?
Leave it in their vicinity (at their feet), tell them it’s a 7DN and you suggest that they read it.
What are the 5 options a debtor has on a 7DN for EIN warrants?
- Pay in Full
- Payment Arrangement
- Enforcement Review
- Family Violence Scheme
- Work and Development Permit
What are the three considerations with Rights of Entry for a 7DN?
- SO has the right to enter the premises but only to approach and knock on the front/nearest door.
- Must not use force
- Need to confirm and establish reasonable belief that the debtor is at the address.
When making a payment demand what are 2 things must an officer communicate?
- The number of warrants and the precise amount of debt.
- The payment options
When payment is not forthcoming what must the officer further communicate?
Explain the debtors options and sheriff actions (both outlined on the 7DN)
What prevents an officer receipting a third-party payment?
If the debtor is aware and does not consent.
How many days after receipting the third-party payment does the debtor have to lodge an objection?
35 days (5weeks)
What is the prescribed amount under the Bankruptcy Act for vehicles?
$9,400.00
What is the prescribed amount under the Bankruptcy Act for tools of trade?
$4,350.00
Prior to an officer conducting seizure on Enforcement Warrants (EIN) name the 5 actions an Officer must take -
Serve DSR, 7DN, WPS, make a payment demand, form reasonable belief that they own the seizable asset
3 different methods of seizure -
- Seize in Walking Possession
- Seize and remove
- Lock In
4 different way to establish reasonable belief that an asset belongs to the debtor
- Confirmation from the debtor
- Confirmation with an adult living with the debtor
- Client holdings
- Documentation/ corroborating evidence such as receipts or marking on vehicles
What is aggregate value ?
When the debtor owns more than one vehicle, the value of each vehicle is combined. Therefore the total may exceed the prescribed amount and one or all vehicles may be seized.
What must you obtain from your SGT prior to the removal of an asset?
LPO approval
Whose consent is required to do a
Lock-in?
Debtor
What do you need to write on Notice of Seizure of Property Listing
Debtor admits ownership of listed property
