Protection, and Police Safety Orders

Question 1

Child means

Answer 1

Someone under 17years,

Unless they have been married, civil union, or a de facto relationship; they are a minor

Question 2

Minor means

Answer 2

A person between 17 and 19 years old,

or,

Someone under 17 that has been married, civil union, or defacto relationship

Question 3

Protection Orders Child v Minor

Answer 3

Child needs assistance/approval and supervision to apply for a protection order

A minor may apply for a protection order and it will be enforced as if they were an adult [+20yrs]

Question 4

Physical Abuse

Answer 4

Assault, Actual Physical Harm to person or persons

Question 5

Sexual Abuse

Answer 5

Assault of a sexual nature e.g. Rape, Unlawful Sexual Connection

Question 6

Psychological Abuse

Answer 6

Any incidents of intentional, or sustained mental attack/abuse

Including:
Intimidation, 
Harrassment, 
Damage to Property,
Threats of Abuse, including to involve a minor or child in the abuse, or threaten the involment

Question 7

Domestic Relationship

Answer 7

A person living with another person and approximately in contact on a daily basis,
or
involved in a continuing relationship with a person.

Question 8

Grounds for Protection Order

Answer 8

Two things must have occurred:

An instance of Family Violence

and,

The Order is necessary for Protection of Applicant, Child of Applicant, or Both

[Respondent is deemed to have committed FV if they encourage others to engage in FV type behaviours]

Question 9

Protection Order Refusal

Answer 9

This cannot occur until consideration of:

• Nature and seriousness of behaviour that resulted in application
• The effect of the behaviour
• Whether “trivial” behaviour is actually part of a pattern of micro aggression, or escalating aggression, that amounts to a need for protection

Question 10

Temporary Orders

Answer 10

A temporary application may be requested and accepted without notice.

Once accepted the order is immediately in effect and the respondent has 3 MONTHS to CHALLENGE, or APPLY for PROVISIONS

Question 11

Standard Protection Order Conditions

Answer 11

No Violence:
No abuse of any type, no encouragement of abuse to by other parties

No Contact:
If NOT living TOGETHER, automatic NO CONTACT,
but,
CONSENT can be GIVEN to reside, this SUSPENDS the non-contact PROVISION
and,
No proximity, hindrance, prevention of access of normal comings and goings of protected persons daily life

No Weapons:
No possession, or control of any type of Arms Act 1983 related weapon/instrument/item
or,
No firearms licence.
[SURRENDER WEAPONS and LICENCEs within 24HRS of PROTECTION ORDER SERVICE]

[TEMPORARY ORDER = SUSPENDED LICENCE
and,
FINAL ORDER = REVOKED LICENCE]

ASSOCIATED RESPONDENTS ARE INCLUDED IN PO CONDITIONS

Question 12

Associated Respondet

Answer 12

If the COURT DECIDES that an ASSOCIATE of the RESPONDENT has EXHIBITED VIOLENT BEHAVIOUR towards APPLICANT,
They can be INCLUDED in the PROTECTION ORDER

Question 13

Surrender of Firearms

Answer 13

As soon as practical once SERVED,

SURRENDER FIREARMS,
24 HOURS MAX,
Or,
ON DEMAND
this includes, any WEAPON, any LICENCE

Upon TEMPORARY approval, LICENCE SUSPENDED
and
Upon FINAL order,
LICENCE REVOKED

[A provision, or change to standard protection orders can be made to allow use of firearms, if respondent can provide reason to keep weapons and prove applicant will be safe]

Question 14

Power to Arrest for Protection Order Breach

Answer 14

Anyone who with NO REASONABLE EXCUSE fails to comply with a Protection Order,

May be ARRESTED by power of Section 50 DVA, 1995.

Constable with GC2S: CONTRAVENTION of a protection order,
or,
FAILURE TO COMPLY with CONDITIONs of protection order

Question 15

WEEPS related Power of Arrest

Answer 15

A constable may arrest a respondent/offender of/against a protection order through CA 1961, s315(2)(b) if justified for:

• Witness protection and prevention of interference
• Ensure appearance of offender in court
• Exhibits protected from CADD
• Prevent further Offending

Question 16

Police Safety Order

Answer 16

Any Constable may issue a PSO if Authorised by a Sergeant at Effective rank, Not Equivalent.

Question 17

Police Safety Order,

Arms Search and Seizure

Answer 17

Section 18 of Search and Surveillance Act 2012 authorises:

if RG2S, a person that PSO is inforce, required, or grounds for PO,
the person has possesion, or control of Arms Act related Weapons, or Licence,

Authorised to;

ENTER

Place or Vehicle,

SEARCH,

Person, Vehicle, Place, Possessions

SEIZE, or DETAIN

any ARMs and LICENCEs found

Question 18

PSO post Arrest

Answer 18

This cannot occur.

Any offence that has sufficient evidence for arrest then an arrest should occur and restrictions be placed through bail, or courts.

If arrest occurs for NON RELATED offence, PSO may still be issued

Question 19

PSO and At Risk Person Consent

Answer 19

Police may issue a PSO without consent, this avoids blame being placed on the at risk person for PSO action.

Question 20

Detain for PSO issue

Answer 20

A constable may DETAIN for intended issue of PSO, 2HRS MAX.
May be detained at address found, or police station.

BoR Caution must be advised, due to detainment.

If person fails to remain, they may be arrested for failure to remain, if PSO is not issued after this, they can be charge for the fails to remain offence [124i (2)(b) + 124i(3)]

Question 21

Firearms and Issue of PSO

Answer 21

When issue of PSO occurs,

Person must Immediatly surrender to a constable:

Any Arms Act related weapons and licences

Question 22

Conditions of PSO

Answer 22

Person must Immediatly:

Vacate land occupied by at risk person, regardless of legal interests.

Cease Contact and not engage in Abuse of any type, including encouragement of other parties

Avoid proximity, hindrance, stopping to, or of at risk person in daily life

Not remain on any land that at risk person is also present

these provisions may only be breached in case of genuine emergency and reasonably necessary to contact in some form.

Question 23

Length of PSO

Answer 23

PSO last from moment it is issued, to a

MAXIMUM of 5DAYS

Question 24

Time limit for issue of PSO

Answer 24

If PSO is NOT ISSUED within 48HOURS the PSO LAPSES until ANOTHER instance RELATED occurs

Question 25

Breach of PSO

Answer 25

Anyone who breaches a PSO, may be;

TAKEN into CUSTODY, using reasonable force, to bring before the Courts

If they cannot be brought before the courts within 24hrs, they must be released from custody. Then Served Summons to court.