FAMILY HARM Flashcards
Family Harm:
What are the Principles that guide Police practice for an effective police response?
- Early intervention
- Culturally appropriate
- Safety
- Collecting risk information
- Accountability
- Working collaboratively
Family Harm:
When deciding whether to grant Police Bail after a Family Harm episode, what are three of the primary considerations ?
- The safety of the victim and their family members
- linking the victim to appropriate support services
- defendant to have “cooling off” period
Family Harm:
Restrictions on Police Bail … when offender has been arrested and charged with breaching a Protection Order, what are the conditions around Police Bail ?
Must not be granted Police Bail during the 24 hours immediately following the arrest UNLESS Court hearing earlier
NOTE: Must have authority from Sergeant +, before releasing a family violence defendant on Police Bail
Family Harm: (Breach of Protection Orders)
What must the Court take in to consideration when granting Bail in FH episodes (under Section 8(5) Bail Act ?)
The need to protect the victim … is the paramount consideration when deciding whether to grant bail for breaching PO
Family Harm:
When a Police employee is involved in a FH episode, two simultaneous actions should occur … what are they ?
Eg what two procedures apply?
the normal Police response applies
- welfare considerations are important for both parties and the shift supervisor should (where appropriate), refer matter to local Welfare Officer
Family Harm:
In what situations do the policy and procedures apply?
It comes to the supervises attention that employee may be experiencing family harm(perpetrator/victim) and includes anecdotal evidence
- PSO issued or warning issued
- Offending disclosed
- Temporary or Final Protection Order issued
Family Harm:
Who is responsible for ensuring the policy and procedures around FH operate within their District or place or work ?
District Commanders or National Managers
Family Harm: (No Offence Disclosed)
If a Police Employee is identified as person at risk (or posing risk), what should attending officers do ?
Report confidentially to Supervisor, who will contact Welfare Officer
Family Harm: (Offence/Employee K9)
If a Police Employee is arrested for FH, what should Shift Supervisor do ?
Report immediately to District Employee Practice Manager and Police Professional Conduct Manager
Welfare contact and Counselling through EAP, MUST be offered to victims, and if appropriate the alleged offender
Family Harm: (Protection Orders)
If a Police Employee is issued a PO, once served the attending officer must send a copy of it to who ?
District Commander or National Manager
* If Employee is Superintendent or above, send to Deputy Chief Executive: People
Family Harm: (Protection Order)
If a Police Employee is served with a PO (respondent) what should they do ?
AND…
If you are an applicant should also report to who…
Immediately report the fact in writing to Supervisor
Supervisor must inform HR Manager and Police Professional Conduct Manager
Applicant should this confidentially to Police Welfare Officer and/or their Supervisor, so appropriate advice/support can be provided through EAP
Family Harm: (Protection Order)
Police may in rare cases, consider assisting an Employee with an application to vary standard conditions relating to weapons under Section 22 of Dom. Violence Act. What enquiries must be considered ?
Must consider:
- nature
- duration
- type of FH discloses
- offence history
- employees role
- views of protected person
Family Harm: (Police Safety Orders)
The requirement to complete a family harm investigation in OnDuty applies when police attend what 2 types of episodes?
The parties involved are in, or have been in, an “intimate partner relationship” or “are family member’s”
Family Harm: (Police Safety Orders)
To whom can you issue a PSO ?
PSO’s can be considered and issued in ALL responses to family harm, when the parties involved are in any “domestic relationship”
Family Harm: (Police Safety Orders)
When can you issue a PSO ?
A qualified constable may issue to person in or has been in family relationship. Believed necessary to make person at risk safe
Family Harm: What are the duration’s available to PSO’s.
and what needs to be considered
24hrs to 10 days.
Authorising for longer than 5 days needs to be used only for serious situations eg victim relocation and related protection and property orders
Family Harm: (Police Safety Orders)
If you arrest a person for a family violence related offence and later determine there is insufficient evidence to charge, can a PSO be issued?
YES
Family Harm: (Police Safety Orders)
Can you issue a PSO to a 16 year old ?
Yes - with consultation with OT and Senior Sgt
Exceptional circumstances to exist
Family Harm: (Police Safety Orders)
What are some of the factors that you should consider when deciding to issue a PSO ?
Has harm been inflicted Will harm be inflicted Welfare/ Hardship Previous incidents Mental Health Alcohol/Drugs FH history and parenting and other orders
Family Harm: (Police Safety Orders)
You can detain a person for up to 2 hours to issue a PSO. When does the two hour period commence ?
Begins as soon as you detain. Immediately
Family Harm: (Police Safety Orders)
What is the only criminal offence relating to PSO’s ?
Refuses to remain where they are detained.. May be arrested without warrant.
$500 fine
Family Harm: (Police Safety Orders)
If you are unable to issue and serve the order within two hours you must release the detained person. You then have 48 hours to issue and serve the order. When does the 48 hour period commence ?
From the time a qualified constable authorises the issuing of the PSO
Family Harm: (Police Safety Orders)
If you seize firearms under the S and S Act 2012 when serving a PSO, a report must be submitted to the commissioner within how many days ?
Report must be sent to the Commissioner within 3 days
Family Harm: (Police Safety Orders)
If a bound person is arrested for breaching a PSO, they must be brought before the court within 24 hours. If Police are unable to bring the person to court within 24 hours what must they do ?
Release them on summons
Family Harm: (Police Safety Orders)
If a bound person has breached a PSO, what sanctions can the court take ?
- Continue with the existing order
- if the order has not expired, direct a further order be issues not exceeding 10 days
- direct a further order
- Issues a Protection Order
Once served with a Protection Order - What are the initial conditions to be carried out within 24hrs?
Surrender firearms with 24hrs and licence
Licence is deemed suspended
Family Harm
How long do you have to action a WTA for PSO breach?
Family Harm
1 month
Family Harm
If a new order is issued by the court, and court advisor not available ..what are the responsibilities of the prosecutor in relation to the victim?
Victim must be advised by phone (3calls within one hour)
or send officer to address
Update NIA
Family Harm
What is required for issuing a PSO on Child aged 16 & 17?
Special circumstances
to ensure safety
Approval from S/Sgt or above and consult OT
Family Harm
What must police explain person at risk and bound persons when serving a PSO?
Purpose
Duration
Requirements
When should police contact the person at risk while the PSO is in place?
Check in preferably within 24 - 48 hours of the order being served to-
Check for any breaches
Ensure the person at risk understands what constitutes a breach
If bound person considered high risk Police should re visit whilst PSO in place - what happens at this visit?
Engage with the bound person
Offer supports
Ensure understand what a breach is/what consequences of a breach are
Particularly important if person was intoxicated when initially attended
Breaching a PSO is not an offence HOWEVER the person can still be taken into custody when?
Constable believes on RG that the bound person has refused or failed to comply with the order or a condition of that order
If a bound person. Is taken into custody for breaching a PSO you must what?
Bring them to court within 24 hours
Make a complaint to court requesting it makes an order
If cannot be in court within 24hours - must release and summons
If a bound person has absconded after a breach of PSO what do you do
Capture the breach on duty or crl
You have 1 month from the time of the breach to locate the person and bring them into custody
You then have 24 hours to bring them before court
Can you apply for a warrant to arrest for breach of PSO?
Yes.
If a warrant to arrest has been issued and not found in 1 month. Back to court to seek leave to withdraw the warrant.
How long can you detain a 16/17 year old to issue a PSO?
2 hours
To obtain authorisation to issue the order
Issue the order
Serve the order
