Family Harm Flashcards
What are the are the 6 principles guiding staff when it comes to Family Harm?
Early intervention Culturally appropriate Safety Collecting risk information Accountability Working collaboratively
What does a PSO require the bound person to do?
Not have any contact with person at risk
Surrender any weapon in their control
Or any firearms license
Vacate any land even if legal or equitable interest in it
This must be done for duration of PSO
When can a PSO NOT be issued?
If person charged with a family harm offence.
Don’t need to issue PSO as person will be released on bail. Bail conditions act as safety net for Victim.
Does a PSO have an effect on Parenting Orders?
Parenting order or agreement will be suspended when PSO issued.
What happens if there is a PO in place in terms of issuing PSO?
If PO in place it is likely that the behaviour would constitute a breach. Every effort to be made to obtain sufficient evidence to charge. If unable to do so a PSO may be issued.
What are our powers when issuing PSO?
May detain bound person for up to 2 hours to issue or obtain authorisation for PSO.
May take person to Police station or any place used as Police station during period of detention.
If fails or refuses to remain you may arrest without warrant.
Bound person commits offence and will be liable to conviction to fine $500.
What happens when person breached PSO and is still at property?
Arrest person.
Bring before court within 24 hours.
Complaint summary to be made to Court.
If unable to go to court within 24 hours must release and summons.
If fails to appear for summons may be arrested.
What happens when beached PSO but has absconded?
You have one month to find that person, once arrested must bring before court within 24 hours.
You may also apply to court for warrant.
This gives you power of entry if you have RGTB inside an address.
One month to locate if not located matter must be bought before court once again to seek leave for warrant.
What are the powers of the court for person breached PSO?
Continue with existing order
Direct another order to be issued
Adjourn proceedings can consider TPO
Can a PSO be issued to CYP?
PSO cannot be issued to anyone under age of 16.
If aged 16 or 17 years may be issued in special circumstances. This must be approved by S/Sgt who had consulted with OT.
Can you issued PO against CYP?
Cannot unless satisfied CYP is of 16 years or older.
Only justified by special circumstances.
If PO in place what are the conditions around weapons?
Respondent must not have any weapon or firearm or hold a firearms license.
License deemed to be suspended when TPO
License deemed to be revoked when Final PO
