Family Harm - PSOs Flashcards
What are PSOs?
Immediate orders issued by a qualified constable (or constable authorized by a qualified constable) at a family harm episode under S28 of the FV Act 2018.
Who is a qualified constable?
A constable who is of or above the position level of Sgt
What are the immediate effects of a PSO?
The bound person must:
- surrender any weapon in their control or any firearms license held to a constable
- vacate any land or building occupied by a person at risk regardless of whether the bound person has a legal or equitable interest in it.
- provide a cooling down period where the person at risk has time and space to seek support and assistance, including applying for a temporary protection order if desired and for the bound person to seek support and assistance.
What are the longer effects of a PSO?
The bound person must not:
- engage in behaviour that amounts to any form of family violence against a person at risk
- make any contact with a person at risk that is not authorized
- encourage any person to do the above
What contact may be authorized when a PSO is in effect?
- reasonably necessary in an emergency
- permitted under any special condition of any relevant protection order
- necessary in order to attend an FGC
- necessary within the court environment
What order is suspended when a PSO is in place?
Parenting order
In what situations can you NOT issue a PSO?
- When a person has been charged with a FV offence
- Cannot issue to a child UNLESS aged 16 or over and the order is justified by special circumstances
Can you serve a PSO with a protection order in place?
Yes but it is likely that the behaviour complained of will constitute a breach of the PO. Every effort should be made to obtain sufficient evidence so that an arrest can be made.
What factors should be considered when deciding to issue a PSO?
- total concern for safety
- any violence inflicted
- any violence that may be inflicted again
- welfare of children residing with the PAR
- the hardship that may be caused if the order is issued
- previous interactions with Police
- history of mental illness
- abuse of alcohol or drugs
- propensity for violence
- FH history
- any relevant orders and/or PSOs previously in force
- any multi-agency plans in place
- ## whether the PPR is currently involved with perpetrator support services
What things should be considered regarding hardship?
- who will have the family car
- who is in charge of the finances eg, holds the EFTPOS cards
- the financial ability for the bound person to find alternative accommodation and transport
- whether any child has a disability or illness requiring more intensive care and support
What is the PSO maximum amount of time you can issue to someone and what SHOULD be your minimum consideration?
10 days / 24 hours
What would be other considerations to factor in your PSO length of time?
Weekends, public holidays, and an individual’s ability to access the courts if necessary
When should PSOs be issued for longer than 5 days?
Only in situations where there is a likelihood of SERIOUS harm occurring
List the steps for authorizing, issuing and serving a PSO
- Complete all enquiries to identify possible offences.
- If not a QC, seek authority from one who is.
- Document discussion about seeking the authority in your NB or in the FH investigation report.
- Fully explain to the PAR/PPR the nature, duration and effect of the order.
- Capture the PSO in OnDuty
- Ensure the bound person: surrenders all firearms, weapons, firearms license; vacates the land, building, premises
- Complete the family harm investigation in OnDuty.
Who should a supervisor seek approval from for issuing a PSO?
Comms centre supervisor, the custody sergeant, or DCC shift supervisor
What are the steps to take when someone has breached a PSO? (you have taken them into custody)
- bring them into custody
- bring them before the court within 24hrs (if this is not possible then summons them to appear)
- make a complaint to the court requesting that it makes an order under S45 of the FV Act
If a person absconds after breaching a PSO, how long do you have to locate and bring them into custody?
One month
What other options do you have if a person absconds after breaching a PSO?
You may seek a warrant
What happens after one month if the person that absconded has not been located
The matter is brought back before the court and the warrant is withdrawn
In NIA when does the WTA alert expire for someone that has absconded after breaching a PSO?
10 days
How is the summary of complaint filed at court?
The constable named on the complaint needs to have it sworn at court
What are the powers of the court when someone has refused or failed to comply with a PSO?
The court may:
- continue with the existing order
- direct another order be issued
- adjourn proceedings so that a DC judge can consider whether a temporary protection order should be issued
If a new PSO is to be issued on direction of the court, who will serve this?
In this order:
- An officer of the court
- A constable of a district within the vicinity of the court
- The prosecutor (if they are a constable)
What is the protocol if the PAR cannot be contacted to advise them of the court outcome?
- make 3 attempts to call them within one hour
- send a local unit and complete a 4Q follow up event
- update the NIA record to reflect the action taken
What is the penalty for failing to remain while a safety order is issued?
$500 fine
Issuing PSOs to children - what is the definition of a child?
Under 18
What is the minimum age you can issue a PSO to a child?
16
What are the ‘special circumstances’ that must exist for you to be able to issue a PSO to a child aged 16-17 years?
- RGTB a PSO is necessary to help make the PAR safe from serious family violence, AND
- The ‘total level of concern’ in OnDuty is high, AND
- Approval from a Snr Sgt or above has been obtained, AND
- The authorizing Snr Sgt has consulted with OT
Police will have taken into account the level of harm/potential harm, hardship etc if a child aged 16-17 has been issued with a PSO. What other matters will Police have considered in relation to its issuing?
Police will also have taken into consideration -
- Advice from OT about where the child will live for the duration
- A placement that may cause more harm than the issuing
- Previous interactions with Police
- History of mental illness
- Alcohol/drug abuse
- Existing orders eg bail conditions
What is the main objective of issuing a PSO to a child aged 16-17 years?
It should principally be used as a ‘cooling off’ period
How long can you detain a child for service of a PSO?
2 hours
What options do you have if a child absconds?
Same as an adult; take into custody.
Does 214 apply if a child breaches a PSO?
No because 214 is a provision for arrest. However you can still ‘take them into custody
MUST you take them into custody though?
No - 43(2) of the Act uses the word, MAY.
Although S214 doesn’t apply it is still good practice to consider the protections within it. What part of S214 should be considered if a child has breached the PSO?
Arrest to prevent further offending and issuing a summons would not achieve that purpose.
If a child is taken into custody for breach of PSO, would S234 (placement) then apply?
No because 214 is an arrest provision there it does not authorize the use of 234.
