When must a family harm in OnDuty be completed?
Police attend a family harm episode and the parties involved are in or
have been in an intimate partner relationship or are family members.
What are the four types of relationship covered?
intimate partner relationship,
close personal relationships.
What response is taken when dealing with flatmates and close personal relationships?
Normal Police responses.
But remember PSOs can be considered and issued in all responses to family harm
episodes in any domestic relationship.
Can I issue a PSO to a flatmate?
Yes, PSOs can be considered in any domestic relationship.
What are Police safety orders?
PSOs are immediate orders issued by a qualified constable (or a constable authorised by a qualified constable) under s124B Domestic Violence Act.
Who is a qualified constable when discussing PSO’s?
A qualified constable is a constable OF or ABOVE the position level of
Will an acting sergeant qualify as a qualified constable for issuing a PSO?
No, they must hold the substantive position level or otherwise be formally appointed or authorized under the Policing Act 2008 to the appropriate position level.
What are three immediate effects of a PSO?
Surrender any weapon/firearms licence.
Vacate any land or building occupied by the person at risk.
Provide a cooling down period.
Does a PSO require a victims consent?
The person at risk’s consent is not required.
What effect does a PSO have on parenting orders?
If a bound person is a party to a parenting order or agreement, that parenting order is suspended.
What two circumstances must exist before a PSO can be considered?
Does not arrest the person posing risk for a family violence offence against the person at risk.
Has reasonable grounds to believe, having regard to specified matters, that the issue of an order is necessary to help make the person at risk safe from family violence..
If an arrest is made for family harm related offences and then released without charge, can I still issue a PSO?
No, once the arrest has been made, the
window of opportunity to issue a PSO has closed.
THIS CHANGES IN JUNE 2019
When can a PSO not be issued?
Arrest made for FV.
Person under 17.
Can a PSO be issued if there is a Protection Order in place?
Yes, an officer can serve a PSO if there is not sufficient evidence to arrest.
However, it is likely that the behaviour complained of will
constitute a breach of the order. Every effort should be made to obtain
sufficient evidence so that an arrest can be made.
What are the factors to consider when deciding to issue a PSO?
The total concern for safety determined during the family harm investigation
and range of safety actions suggested in the frontline safety plan.
With regard to hardship, what four things should I consider?
Who will have the family car.
Who is in charge of family finances and holds Eftpos cards/money.
The financial ability for the bound person to find alternative accommodation and transport.
Whether any child has a disability or illness requiring more intensive care and support.
What MUST I find out about parenting orders at family harm events?
You must take reasonable steps to establish whether any adult family member of the household holds, or is in the process of obtaining, a parenting order relating to children of the household.
Be aware of dangers to the children for reasons not immediately apparent.
If a parenting order is in place the Family Violence Coordinator/Family Harm Specialist should be informed.
When does a PSO start and how long can they exist for?
Start immediately after the are served.
Cannot exceed 5 days (Changes June 2019)
What must I consider when deciding the duration of the order?
Have regard to the factors set out in section 124B (2).
Carefully consider the impact of the order on the family.
As a starting point, you should begin with considering a 24 hour duration
and then factor in other relevant considerations.
How must PSO’s be written?
On the prescribed form.
What are the four required steps before issuing a PSO?
Complete all enquiries to identify possible offences.
Consider whether it is necessary to issue a
Seek authority to issue an order from a constable who is qualified.
Document authorisation in OnDuty or via a notebook entry.
What powers do you have with regards to the respondent, once you decide to issue a PSO to someone?
Detain for up to 2 hours.
Remove from the premises to station, car, etc.
Power to arrest without warrant if refuses.
Fine not exceeding $500.
What happens if unable to serve a PSO during the time of detention?
You must release the person.
You have 48 hours to issue and serve the PSO.
When you have not been able to issue a PSO in the 2 hour window, when does the 48 hour period start?
The 48 hour period commences from the time a qualified constable authorises the issuing of the PSO.
What support could I arrange for the person a risk when an order is issued?
Relevant and appropriate specialist support will be contacted.
If required, advocacy for the person at risk is arranged (e.g. interpreters, sign language experts).
Support and a temporary place to reside is available to the bound person.
What are the procedures when orders are served?
Fully explain the order to the person at risk and the bound person.
Record the PSO in NIA immediately by contacting the Crime Reporting
Upon serving the safety order Police must demand surrender of all firearms
and the firearms licence under s124F.
provide suitable storage for all weapons.
Arrange support from appropriate agencies.
Finish Family Harm Report before end of shift
Ensure copies of the PSO are on file and are submitted to NIA.
What powers might I use to search for firearms if the bound person holds a firearms license and I suspect they have them?
Section 18 of the Search and Surveillance Act (warrantless searches associated with arms)
If I invoke S18 of the Search and Surveillance Act what must I do?
A report must be sent to the Commissioner within three days if this power is exercised
What might I do to prevent breaches of the PSO in relation to the person at risk?
Police should contact the person at risk while the PSO is in place – preferably within 24 – 48 hours of the order being served.
This is to check for any breaches that may have occurred, and ensure the person at risk understands what constitutes a breach.
What might I do to prevent breaches of the PSO in relation to the bound person?
Re-visit the bound person
while the PSO is in place.
The visit provides a time to engage with the bound person and offer support services at a time when Police are not responding to a call for service
Ensures the bound person understands the PSO. This is particularly important if the bound person was intoxicated at the time the order was served.
What are your powers and processes for someone breaching a PSO?
Arrest (Reasonable force)
Court within 24 hours.
Complaint to court to issue 124N order.
If unable to be put before the court within 24 hours the release on summons.
If the bound person is arrested for breaching a PSO does the PSO remain in force?
Outline what is required to prosecute a breach of PSO?
A breach of a PSO is a criminal matter and criminal rules of evidence apply.
Factual matters must be proven beyond reasonable doubt.
The arresting officer must be prepared to go to court and have the person at risk attend to give evidence.
What is the four point process open to you if a person breaches a PSO and absconds?
Must advise CRL.
1 month to locate person.
24 hours to get to court once located.
A complaint is filed and an order sought under s124N
If someone absconds after breaching a PSO can I get a Warrant for their arrest?
You must apply to the court for a warrant to arrest to be issued under section 124O (1)(a) and it must be recorded as an alert in NIA.
What must happen to a WTA that has been issued for a breach of PSO after one month?
The matter must be brought back before the court to seek leave to withdraw the warrant?
How long does the NIA alert for the warrant last?
10 days, but the warrant remains active in court.
How do I go about filing complaints for breaches?
A charging document is not filed for the breach as a breach is not an offence.
Breaches of PSO’s should be filed using the complaint form (POL 2142) in NIA,
And must be sworn is court by the constable named on the complaint.
Can a PSO complaint be filed electronically?
No, a copy is electronically transmitted to court but the original must still be sworn by the constable in court.
What are the powers of the court when a breach of PSO order complaint has been made?
Continue with the existing order for the duration of which it was issued.
If the order has not expired, direct that another order be issued in substitution for the earlier order.
If the order has expired, direct that another order is issued against
the bound person.
Adjourn the proceedings so that a District Court judge can consider
whether a temporary protection order should be issued.
What must the prosecutor do after the bound person has appeared on a breach?
Prosecutors must advise the person at risk of the court decision and
any subsequent action.
If the prosecutor, officer of the court or constable cannot advise the person at risk of the court outcome, what must happen?
They must request CRL to contact the
person by making 3 attempts of telephone calls within one hour, then send a local unit and complete a 4Q follow up event and finally, update NIA record to reflect action taken.
What is the one offence and penalty relating to a PSO?
Failing to remain while a safety order is issued. s124I(2)(a)
This results in a fine of no more than $500.