Police Safety Orders (FH12)

Question 1

What is the purpose of issuing a PSO?

Answer 1

Protect the person involved in a family violence event including other children at risk.

Question 2

What is the standard conditions of a PSO?

Answer 2

You must not:

• Engage any any behaviour that amounts to any family violence against the person at risk
• Make any unauthorised contact with person at risk
• Encourage a person to engage in behaviour against the person at risk

Question 3

Identify the max duration of time a PSO may be issued for

Answer 3

1 - 10 Days

Question 4

Define the term ‘Qualified Constable’

Answer 4

A constable who is of or above the rank of sergeant.

Question 5

What is the power to detain someone in relation to PSOs and the restrictions on that power

Answer 5

Section 32 (1) of the Family Violence Act 2018

• Must not detain a person for more than 2 hours

Question 6

Understand whether or not consent is required from the person-at-risk to issue a PSO

Answer 6

Police do not need consent of the person at risk to issue a PSO in order to avoid the person at risk being blamed for police action.

Question 7

Identify duration of time you have to serve a PSO which has been issued before it lapses

Answer 7

48 Hours

Question 8

What information must be provided to the bound person and the person-at-risk when you serve a PSO

Answer 8

• Purpose of the order
• Effect of the order
• Duration of the order
• Consequences of contravening the order

Question 9

What action to take upon a breach of PSO

Answer 9

Take them into custody and hold them for delivery to the court.

Question 10

What is the summoning process if someone remains in custody for 24 hours after being taken into custody for breaching a PSO?

Answer 10

• They must be released and served with a summons to appear before the District Court
• If they fail to appear, the District Court May issue a warrant to arrest to bring them before the Court

Question 11

Identify the Courts options when dealing with a breach of PSO

Answer 11

• Direct Police to issue another PSO served on the bound person not exceeding 10 days where bound person can be detained for no more than 2 hours

• Adjourn the proceedings in order for District Court Judge to consider whether or not to issue a temporary Protection Order.

Question 12

Identify the situations in which you can arrest someone in regards to a PSO

Answer 12

Section 32 (2) of the Family Violence Act 2018:
• Person fails or refuses to remain at a place where they are detained

• Bound Person failed or refuses to comply with PSO conditions, you may apply to Court for a warrant to arrest