PSO & PO

Question 1

Who issues a PSO?

Answer 1

Police

Question 2

Who can issue a PSO?

Answer 2

An authorised constable -

Sergeant or higher

Question 3

What are the lengths a PSO can be issued for?

Answer 3

24 hours to 10 days

Question 4

What are the names for the 2 parties involved in the issuing of a PSO?

Answer 4

Bound person - offender
Person at risk - Victim

Question 5

How long can you detain someone for the issuing of a PSO?

Answer 5

Up to 2 hours

Question 6

How long do you have to SERVE a PSO?

Answer 6

48 hours

Question 7

Can an acting sergeant authorise the issuing of a PSO?

Answer 7

No, only an actual sworn sergeant or above

Question 8

If the bound person breaches the pso can they be arrested?

Answer 8

No, they can be detained and taken into custody if needed

Question 9

What must the bound person do immediately once being served a PSO?

Answer 9

Immediately hand over any firearms and firearms license

Vacate the property

Question 10

What are the court options for someone who has breached their PSO?

Answer 10

Nil
If the original PSO still stands continue with that
Court may consider issuing a temporary PO
May re issue another PSO

Question 11

What must be explained to both the bound person and person at risk when going through the PSO process

Answer 11

The purpose of the PSO
Effect of the PSO
The duration of the PSO
Consequences of breaching

Question 12

Who issues a PO?

Answer 12

The family court

Question 13

What are the names for the 2 parties involved in the issuing of a PO?

Answer 13

Applicant
Respondent

Question 14

What is a PO made for?

Answer 14

It aims to protect victims of family harm

Question 15

What are the grounds for the court granting a PO?

Answer 15

They must be satisfied that the order is necessary for their protection

The respondent has inflicted or is inflicting FH against the applicant or applicants family (children)

Question 16

Can the court refuse a request for a PO?

Answer 16

Yes, they have the overriding discretion to refuse or grant a PO

Question 17

Can a PO be issued against a child?

Answer 17

Yes in special circumstances, the child must be over 16

Question 18

What’s the difference between

With notice PO
And
Without notice PO

Answer 18

With notice - both parties go to court

Without notice - respondent is not present a may not be aware of the application for the PO

Question 19

What are the 3 standard conditions of a PO?

Answer 19

No violence
No contact
No weapons

Question 20

What are the differences between a breach between a PSO and PO?

Answer 20

PSO - No arrest made but may be taken into custody

PO - K9 can be made, and if so no police bail within 24 hours of K9
The applicant must be kept up to date with what’s happening and must be informed and have the opportunity to comment on bail conditions

Question 21

Can someone be arrested for choosing not to remain for the 2 hours detention of issuing a PSO?

Answer 21

Yes it is an offence to remain or refuses to remain plus a $500 fine
This carries a power of arrest

Question 22

What also must be

Question 23

Can two people who live together be under a PO?

Answer 23

Yes

Question 24

How soon after a PO being served on the respondent do they have to surrender firearms and license?

Answer 24

As soon as practicable but no later than 24 hours

Question 25

Can a respondent of an PO be arrested for failing to surrender all firearms be arrested?

Answer 25

Yes, for breaching the conditions of the PO

Question 26

Which section of the SASA relates to searches associated with arms?

Answer 26

Section 18 of the SASA

Question 27

In section 18 of the SASA gives police what powers in relation to PO and PSO?

Answer 27

Enter a place or vehicle to search the person, search anything in the person’s possession to search for arms and seize and detain if found

If they have RGTS

That person is carrying arms or has them under their control and they have a PO or PSO in force against them

Question 28

When someone has been detained for breaching a PSO what happens next?

Answer 28

If possible, they are to be brought before the court within 24 hours, if not possible (weekends, public holidays) must be released and served a summons

Question 29

If someone fails to appear in court after they have been summoned after breaching a PSO, what happens?

Answer 29

A WTA is out out for them

Question 30

If someone with a WTA for failing to appear in court for summons of breaching a PSO how long do we have to find them?

Answer 30

We have one month to find and bring them into custody