PSO + PO

Question 1

Who can issue a PSO

Answer 1

Any constable may issue a PSO if authorised by a qualified constable.

A qualified constable means a constable who is of or above the rank of sergeant.

Issuing a PSO is the process of filling out the PSO after completing a risk assessment. A constable who believes it is necessary to issue a PSO must seek authorisation from a qualified constable.

Question 2

Bound Person (PSO)

Answer 2

the person against whom the order is issued

becomes a bound person. They are bound by the conditions outlined in the PSO.

Question 3

Domestic Violence Act 1995,

Section 124C

Answer 3

Police do not need the consent of the person at risk to issue a PSO. By not requiring their consent we are able to avoid the person at risk being blamed for police action.

Question 4

Domestic Violence Act 1995, Section 124E(3)

Person at risk defined as?

Answer 4

A person at risk is defined as
• the person named in the order (for whose safety the order is issued).
• any child residing with that person. (includes children of the person whom the order is to be issued against whether the person at risk is also a parent or not).

Question 5

Domestic Violence Act 1995, Section 124D

Answer 5

A PSO cannot be issued against a child.

A child is defined as a person who is under the age of 17 years.

Does not include a person who is or has been married or in a civil union or de facto relationship

Question 6

Domestic Violence Act 1995, Section 124I(1)

Detainment

Answer 6

A constable intending to issue a PSO against any person may detain that person for a period not exceeding 2 hours. The person can be detained at the address where the police have found them or transport them to a Police
station and hold them until the order has been served or the 2 hours expires.

The purpose of the detention is to allow the issuing officer sufficient time to:
• seek authorisation to issue the order from a qualified constable
• issue the order
• serve the order

Question 7

When to issue a PSO?

Answer 7

A Police Safety Order (PSO) is used when you believe it is

necessary to take action to ensure the safety of a person at risk and there is insufficient evidence to make an arrest

Question 8

Following attendance at an incident and subsequent

investigation, Police have four options as to what action to take next, including:

Answer 8

− take no further action
− issue a warning
− issue a PSO
− arrest where an offence has been disclosed and there is sufficient evidence

Question 9

Domestic Violence Act 1995, Section 124L

Contravention of PSO

Answer 9

There is no offence as such for a person against whom an order is issued, to fail or refuse to comply with the order or any condition of the order.

However a constable may, without warrant, using reasonable force ‘take the person into custody’ and bring him or her before the District Court.

Breaches of a PSO should be taken seriously and efforts should be made to locate the bound person as soon as possible so that they can be brought before the Court or a Warrant to Arrest can be sought.

Question 10

Domestic Violence Act 1995, Section 124G

Suspension of parenting orders

Answer 10

While a PSO is in effect against any person, any Parenting Order or day to day care or contact agreement relating to a child protected by that PSO, is suspended.

Question 11

Effect of a Police Safety Order

Answer 11

A person against whom an order is issued must immediately surrender to a constable:
• any weapon in his or her possession or control (including firearms).
• any firearms licence held (the licence is deemed to be suspended. Section 124F

Question 12

What are the three options that the Court has for dealing with a breach of a PSO?

Answer 12

When dealing with a breach of a PSO the court may:
• release the bound person with no further action
• direct the Police to issue another PSO to be served on the bound person as soon as possible. The bound person can be detained for no more than two hours to allow for the PSO to be served
• issue a temporary Protection Order. The bound person can be detained for no more than two hours to allow the temporary Protection Order to be served

Question 13

Domestic Violence Act 1995, Section 124J

PSO to be explained

Answer 13

When serving the order you must explain to the person against whom the order is issued and the protected person the:
• purpose of the order.
• effect of the order.
• duration of the order.
• consequences of contravening the order.

Question 14

‘Violence’ is defined in the Act as:

Answer 14

• physical abuse
• sexual abuse
• psychological abuse.

Question 15

Domestic relationship’ includes:

Answer 15

• partners
• family members
• people who share a household
• same-sex relationships
• close personal relationships, but not employee-employer or
tenant-landlord relationships.

Question 16

Psychological abuse includes:

Answer 16

• intimidation
• harassment
• damage to property
• threats of physical, sexual and psychological abuse.

Question 17

a person psychologically abuses a child if:

Answer 17

i) that person causes or allows the child to see, or hear, the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship; or
ii) puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring; but\
iii) the person who suffers that abuse is not regarded, for the purpose of this subsection, as having caused or allowed the child to see or hear the abuse, or allowed the child to be put at risk of seeing or hearing the abuse.

Question 18

Who can apply for a PO

Answer 18

a person who is or was in a domestic relationship with another person
• the representative of a child on the child’s behalf
• the representative of a person lacking capacity on that person’s behalf
• a third party on behalf of the victim.

Question 19

Before granting a protection order, the court must be satisfied that:

Answer 19

• there was family violence by the respondent or another
• the order is necessary for the protection of the applicant
or the applicant’s child or both.

If a respondent encourages another to engage in behaviour amounting to domestic violence, the respondent is deemed to have committed the behaviour personally

Question 20

Before refusing to grant a protection order, the

court must consider:

Answer 20

• the perception of the applicant, or a child of the applicant’s family, of the nature and seriousness of the behaviour in respect of which the application is made

• the effect of that behaviour on the applicant or a child of
the applicant’s family

• if the behaviour seems trivial or minor when viewed in
isolation or appears unlikely to recur, whether it
nevertheless forms part of a pattern of behaviour that the
applicant child or family needs protection from

Question 21

Occupation order (sections 52-55)

Answer 21

Any person who is in a domestic relationship with another person may apply to the court for an occupation order. It gives them and their children the right to personally and exclusively occupy the dwelling house. The court may vary or discharge any terms and conditions applied for

Question 22

Tenancy order

sections 56-59

Answer 22

Any person (other than a child) who is or has been in a domestic relationship with another person may apply to the court for a tenancy order, giving the applicant the tenancy of any dwelling house of which, at the time the order is made, the other party to the proceedings is:

a) the sole tenant; or
b) a tenant holding jointly, or in common, with the applicant.

In determining whether to make an order under this section, the courts must
have regard to the reasonable accommodation needs of all persons who may
be affected by the order.

Question 23

Surrendering arms and suspending licences

Answer 23

• Under section 21, the respondent must:
• as soon as practicable after they are served with the copy of the protection order, but in any case no later than 24 hours after such service and
• on demand made, at any time, by any member of the police surrender to a member of the police;
• any weapon in the respondent’s possession or under the respondent’s control and
• any firearms licence held by the respondent.

Firearms licences held by the respondent are deemed to be:
• suspended when a temporary protection order is issued and
• revoked when a protection order becomes a final order.

Question 24

Under section 49(1), it is an offence for a person to, without reasonable excuse:

Answer 24

• Section 49(1)(a) - do any act in contravention of a protection order.
Penalty two years imprisonment.

• Section 49(1)(b) - fail to comply with any condition of a protection order.
Penalty two years imprisonment.

• Section 49A(1) - fail to comply with a direction to attend a programme.
Penalty 6 months imprisonment /$5,000 fine.`

Question 25

For breaches of a protection order under Section 49(1)(a) or (b) your power to arrest comes from

Answer 25

Section 50, Domestic Violence Act 1995 that states;
• where a protection order is in force, any Constable may arrest without warrant any person whom the Constable has good cause to suspect has:

− Section 50 (a) contravened the protection order or
− Section 50 (b) failed to comply with any condition of the protection
order.

Question 26

Associated orders that may be applied for along with a

protection order are:

Answer 26

• tenancy order
• occupancy order
• furniture order
• ancillary furniture order.

Question 27

Standard conditions relating to firearms are:

Answer 27

• the respondent must not possess or have under their control a firearm
• the respondent must surrender their firearms licence and
firearms to the police within 24 hours of being served with a protection order
• the standard conditions may be varied by the court on an application by the respondent.

Question 28

When the firearms have been surrendered:

Answer 28

• the police have the responsibility for storing and retaining the firearms
• they must be returned when the suspension ceases to be in force.

Where the firearms are forfeited, they are disposed of in
accordance with section 28 of the Arms Act 1983.

Question 29

When bailing, the police have the power to impose certain conditions, such as:

Answer 29

• curfew provisions

* non-association clauses.

Question 30

The police can include any bail conditions they deem

appropriate. However:

Answer 30

• the conditions must not interfere with the offender’s
employment
• full consideration must be given to the victim’s safety.

Question 31

Before granting a protection order on an application made without notice, the court must be satisfied that:

Answer 31

A delay would or might entail risk of harm or undue hardship to the applicant or a child of the applicant’s family.
An order made on an application without notice is a temporary order in the first instance. The temporary order becomes final three months after the date on which it was made, unless the respondent:
• notifies the court that they wish to be heard on the question of whether a final order should be substituted for a temporary order, or
• applies under any of the various provisions for variation or discharge.

Question 32

Arrest Powers for breach of Protection Orders

Answer 32

For breaches of a protection order under Section 49(1)(a) or (b) your power to arrest comes from Section 50, Domestic Violence Act 1995 that states;
• where a protection order is in force, any Constable may arrest without warrant any person whom the Constable has good cause to suspect has:
− Section 50 (a) contravened the protection order or
− Section 50 (b) failed to comply with any condition of the protection order

Question 33

Where a person is arrested for breaching a protection order, the person must not be released on bail by a member of police during

Answer 33

during the 24 hours immediately following the arrest. Bail Act 2000 section 23 However, the police are still required to bring that person before a court as soon as possible and the court may bail that person notwithstanding that this occurs within 24 hours of arrest.

Question 34

Assisting Bailiffs

Answer 34

If the respondent holds a firearms licence or is believed to be in possession of any weapon (as defined in section 2), whether or not the respondent has a licence for such a weapon, police will serve the protection order or accompany people authorised to serve the order (for example, court bailiffs). If the respondent is not a licensed firearms holder, the registrar of the court will be responsible for serving the order.

Question 35

Failing or refusing to remain after being detained (Section 124I(2))

Answer 35

If the person fails or refuses to remain at the place where they have been detained, that person commits an offence punishable by a $500 fine.

There is a power of arrest for the offence of failing or refusing to remain under Section 124I (2)(b) Domestic Violence Act 1995.

If the person is arrested for failing or refusing to remain after being detained and an order is not issued, they can still be charged with the offence. Section 124I(3).

Question 36

(Section 124H) When should a PSO be served.

Answer 36

Order must be served promptly (Section 124H)

The PSO must be served by a constable as soon as practical. However, if the order is not served within 48 hours of being issued, the order lapses. All efforts should be made to serve the notice within 48 hours if at all possible.

In the situation where the person the order was issued against was not located within the 48 hours, a cooling off period has now taken place. Should you be called to deal with the same parties again the process can be repeated.