1b) Family harm

Question 1

6 principles that guide Police response to family harm

Answer 1

1) Early intervention

2) Culturally appropriate

3) Safety

4) Collecting risk information

5) Accountability

6) Working Collaboratively

Question 2

Family relationship?

Answer 2

• Spouse/partner
• Family member
• Ordinarily shares a household
• Has a close personal relationship

Question 3

Who can issue a PSO

Answer 3

1) Qualified constable or
2) constable authorised by a qualified constable.

Question 4

Qualified constable

Answer 4

• Sergeant or
• Constable with section 63 authorisation

Question 5

Immediate effects PSO

Answer 5

1) surrender weapon and firearms licence (section 40)
2) vacate any land/building occupied by person at risk
3) Provide a cooling down period to person at risk to get support

Question 6

Longer effects PSO

Answer 6

1) no violence
2) no contact
3) contact via third party
unless emergency, attendance at FCG or court
4) parenting order is suspended

Question 7

Factors to consider PSO

Answer 7

Total concern for safety
plus:
- whether they will inflict harm
- welfare of children
- hardship
(car/finances/alt. accomodation/childcare)

Question 8

PSO duration

Answer 8

0-5 days
5-10 days
- likelihood of serious harm
- pending parenting or protection order
- victim relocation sought

Question 9

Police power detained for PSO

Answer 9

• up to 2 hours
• remove person

Refuses to remain
- arrest
- summary conviction and fine up to $500

Question 10

Breach PSO

Answer 10

• not an offence (no charging doc)
• file complaint form (POL2142)
• bring before court within 24 hours
• “detained” or “being taken into custody”

Question 11

Abscond after PSO breach

Answer 11

• Advise PSO hotline
• 1 month to locate bound person
• once located, 24 hours to bring before court
• can apply for WTA under section 51 - valid for 1 month

Question 12

Court powers breach PSO

Answer 12

• continue with existing ordered
• issue another order
• adjourn proceedings to consider temporary protection order

Question 13

Notifying the person at risk following breach

Answer 13

Prosecutor/officer of court/constable must:
- make three attempts to telephone within an hour
- send a local unit to complete a 4Q
- update NIA to record action

Question 14

PSO for 16/17 - special circumstance

Answer 14

• RGTB person at risk of serious violence and
• total level concern ‘high’ and
• approval from Senior Sergeant or above and
• Snr has consulted with OT

Question 15

16/17 PSO fails to remain

Answer 15

• power of arrest
• offence and up to $500 fine
• dealt with in Youth Court

Question 16

Issuing a PO

Answer 16

• issued by Family Court
• District Court can detain for 2 hours and issue temporary after PSO breach
• must have protected parties consent

Question 17

PO standard conditions

Answer 17

Non-violence
- including animals
Non-contact
- unless emergency/attending FGC/permitted special condition
- consent must be in writing
Assessment and non-violence programs
Conditions relating to weapons

Question 18

Weapons and PO

Answer 18

• Not possess any weapon
• hold a firearms license

Respondent must:
- surrender any weapon as soon as practicable (within 24 hrs) or
- on demand by a Constable

Temp order - license suspended
Final order - license revoked

Question 19

Serving PO - core principles that guide response:

Answer 19

1) Data collection
2) Working collaboratively
3) Accountability
4) Safety

C.C.A.S

Question 20

Serving PO

Answer 20

Courts generally serve
Police serve when:
- high risk
- firearms
- PO granted without notice