Intervention Orders Act

Question 1

When can IOs be issued?

Answer 1

• reasonable to suspect the defendant will, without intervention commit an act of abuse against a person AND
• issuance is appropriate in the circumstances

Question 2

For who’s protection is an IO issued?

Answer 2

• any person against whom it is suspected the defendant will commit an act of abuse OR
• Any child likely to hear or witness, or otherwise be exposed to the effects of an act of abuse committed by the defendant

Question 3

What is an act of abuse?

Answer 3

Results in or intended to result in:

• physical injury
• emotional or psychological harm
• unreasonable and non-consensual denial of financial, social or personal autonomy
• property owned by, used or otherwise enjoyed by the person

Question 4

What are the various offences for breach IO?

Answer 4

• Breach of any condition
• aggravated when offender knew or ought to have known a child would be exposed to their conduct
• Minor indictable on a second or subsequent breach within 5 years
• Minor indictable when act constituted physical violence or threat of physical violence

Question 5

What powers do police have for the purpose of issuing an IO?

Answer 5

• require a person to remain at a particular place for as long as necessary for order to be prepared and served; and
• when officer BORG the requirement will not be complied with, arrest the person and detain in custody so long as necessary for the preparation and service or two hours or longer as approved by court

Question 6

How long may a person be in police custody for the purpose of serving an IO?

Answer 6

Up to 8 hours as approved by the court

Question 7

What are the powers of detention following service of an IO?

Answer 7

PO BORG arrest and detention is necessary to prevent immediate commission of abuse or to enable measures to be taken for protection of PP, defendant may be arrested and detained for:

• as long as necessary to prevent immediate commission of abuse against a person protected by the order or allow measures to be taken for protection
• or 6 hours or longer as approved by court (not exceeding 24 hours)

Question 8

What powers exist RE search of weapons required to be surrendered by the IO?

Answer 8

Where an IO requires the surrender of specified weapons or articles the PO may:

• search the defendant and
• enter any pr4ems or vehicle where a weapon or article is reasonably suspected to be and search for weapon
• use reasonable force to do above, including breaking into or open any things
• using assistance as required