Family Harm

Question 1

What section defines a family relationship and what does it outline?

Answer 1

Section 12
Spouse or partner
Is a family member
Ordinarily shares a household
Has a close and personal relationship

Question 2

What is the exception to being in a family relationship?

Answer 2

If sharing a house and they are:
Landlord- tenant
Employer- employee

Question 3

What factors are considered when someone is in a close and personal relationship?

Answer 3

The court must have regard to:
Nature and intensity
Amount of time spent together
Place or places the time was spent
The manner in which the time spent
Duration of relationship
Sexual relations are not necessary

Question 4

What section is your power to issue PSO?

Outline who can authorise and issue

Answer 4

Section 28.
Authorised by substantive sgt or higher.
Issued by qualified constable

Question 5

What is the purpose of a PSO?

Answer 5

Provides time for the person at risk to seek support and assistance, including applying for a Protection order (s60). Also allows time for the bound person to cool off and seek support.

Question 6

What is S31 and what are the special circumstances relating to this?

Answer 6

S31: a PSO cannot be issued to a child under 16. Only under special circumstances which are:

• RGB it will keep the victim safe from serious harm and
• Total level of concern on On-Duty is high
• Approval from S/Sgt or above
• That S/Sgt has consulted with OT

Question 7

What section talks about the duration of a PSO and what are some considerations?

Answer 7

S35. The starting point is 24hours. You must consider how long it will take the family to access support services.
PSO’s for more than 5 days are only for situations where likelihood of serious offending, protection or property related orders are being sought or victim relocation.
Max time period is 10 days

Question 8

Which section allows you to detain a person for a PSO? What are some considerations around this?

Answer 8

S32 is your power for detention for PSO service.
Up to 2 hours for it to be authorised and served.
Can remove the person from premises to to a police station or other such place for this period.

Question 9

What sections require a bound person to vacate land/ place and surrender firearms?

Answer 9

Sections 36 and 37.
S37 requires firearms licence and firearms to be surrender.
S36 required bound person to vacate any building, lane or place occupied by the person at risk.

Question 10

When can you issue a PSO?

Answer 10

When there is not enough evidence to arrest or charge a person.
If arrested and not charged, may be issued.

Question 11

What can you do if someone refuses to remain at the place of detention for service of a PSO?

Answer 11

Power to arrest and put before the court. Not a charge, but a complaint. If convicted, person faces $500 fine.

Question 12

What happens if a youth is arrested for breaching a PSO?

Answer 12

It is dealt with in the youth court

Question 13

If someone breaches a PSO, what restrictions do Police have?

Answer 13

Must locate with 1 month and bring into custody.

Then must appear before court within 24 hours.

Question 14

What should police do after a PSO is issued?

Answer 14

Both parties should ideally be visited within 24-48 hours to make sure they both understand is understood and nil breaches detected.

Question 15

What is section 43?

Answer 15

The power to take someone into custody after breaching PSO.

Question 16

What is section 44?

Answer 16

Police must summons a person after breaching a PSO is they can’t get to court within 24 hours

Question 17

What is section 45?

Answer 17

A complaint is filed by Police and an order sought.

Court can issue a new PSO

Question 18

What is section 51?

Answer 18

Police to apply for a warrant for someone who has breached a PSO. Police have one month to locate them and bring into custody. NIA alert will expire after 10 days but the warrant remains active and must be withdrawn.

Question 19

If the court issues a new PSO what are Police requirements?

Answer 19

Notify the victim- police must make 3 attempts to phone within an hour
If no contact, then local unit must complete 4Q
Must update NIA to reflect this

Question 20

Which section allows for a protection order to be applied for?

Answer 20

Section 60

Question 21

Section 90

Answer 21

Outlines what a respondent can’t do

Question 22

Which sections relate to surrendering weapons for a respondent?

Answer 22

Sections 98, 99 and 100
Firearms licence is immediately suspended and must be surrendered.
Any weapon or firearms but be surrender to Police
Must be given a reasonable time to surrender, but within 24 hours

Question 23

Sections 112 and 113?

Answer 23

Section 112 outlines what constitutes as a breach.

Section 113 is power to arrest after a breach.

Question 24

If arrested for BOPO what needs to happen?

Answer 24

Offender must be brought before with court within 24 hours.
After 24 hours and pending a court appearance a Sgt or above can only approve releasing on Police bail.

Question 25

What must you consider if releasing on police bail after BOPO?

Answer 25

Sgt or above to approve
Victims safety is paramount consideration
Bail conditions need to be tailored to the identified risks and or offending

Question 26

What is section 176?

Answer 26

The requirements of OC station must do when receiving a PO for service.
They must immediately establish if the respondent holds a firearms licence.

Question 27

What happens to a firearms licence if that person is served with a PSO.?

Answer 27

Section 40. The licence is immediately suspended while PSO is in force.