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S/Sgt CPK November 2017 > CH1 - Family Violence > Flashcards

CH1 - Family Violence Flashcards

1
Q

Effective police response to family violence is based on four core principles? (4)

clue: s,c,a,wc

A
  • Safety (all parties)
  • Collection of risk information
  • Accountability (offender)
  • Working collaboratively
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2
Q

Police are committed to what three things in its approach to family violence?

clue: P E N

A
  • Prompt
  • Effective
  • Nationally consistent
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3
Q

If a person has been arrested under section 50 of the Domestic Violence Act and charge with an offence against section 49 they must not be released for for a period of how long?

A

24 hours immediately following the arrest

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4
Q

What is the presumption when a defendant has been arrested for a FV matter?

A

That the defendant is to be bailed

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5
Q

What is the paramount consideration when considering bail of an defendant from court?

A

The need to protect the victim.

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6
Q

Police Employees who perpetrate family violence will be subject to the processes of what?

A

The code of conduct

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7
Q

When family violence occurrs involving police employees, what actions should occur simultaneously?

A
  • Where offending, normal response
  • Staff welfare considerations
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8
Q

When do policies and procedures in the section apply? (4)

A
  • Comes to supervisors attention maybe FV (victim/offender) includes anecdotal
  • Police attend, no offence, PS0 issued
  • Police attend, FV offending is disclosed & employee is (victim/offender)
  • Temporary or final protection order issued
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9
Q

What must the shift supervisor do if a police employee is arrested/charged for a family violence matter? (3)

A

Notify:

  • District Employment Practice Manager &
  • Professional Standards Manager (who will advise Dist Commander)
  • EAP counselling and welfare offered
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10
Q

What must a police officer do if they are the respondent of a PO order?

(3)

A
  • Report in writing to supervisor who must
  • Inform HR manager &
  • Professional conduct manager
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11
Q

Can constables subject to a PO carry firearms & appointments?

A
  • No, this breaches the order.
  • Also applies to (AO) Autherised Officers
  • Police may in rare cases concider assisting in a sec22 DV Act application to vary the conditions of an order
  • Final decision to support rests with general manager HR in consultation with National manager CIB upon a report from district
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12
Q

What is a police safety order?

Who isues the order?

A
  • An immediate order
  • Issued buy a qualified constable under s.124D domestic violence act.
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13
Q

Does a PSO order require the victims consent?

A

No it does not

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14
Q

Who is a qualified constable for the purposes of a PSO?

A
  • Substantive Sergeant/formally appointed or above
  • Note: An Acting Sergeant is not qualified
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15
Q

What three immediate effects of a police safety order?

A

Person to:

  • Surrender any weapon/firearms license
  • Vacate land/building occupied by person at risk
  • Provide cooling off period
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16
Q

What effect does a PSO have on a Parenting Order?

A

Parenting Order is suspended

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17
Q

What two circumstances must exist before a PSO can be considered?

A
  • No arrest made for FV
  • Necessary to ensure immediate safety
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18
Q

If person is arrested for FV then released for insufficient evidence, can a PSO order then be issued?

A

No, once an arrest has been made for FV, the window of opportunity to issue PSO is closed.

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19
Q

Other than intimate and family relationships, can a PSO be issued in other types of domestic relationships?

A

Yes, eg: share household/close personal relationship

20
Q

When can a safety order not be issued? (3)

A
  • Arrest made for FV
  • Person under 17 years
  • PO issued for same person and likely breach of PO
21
Q

What four factors to consider when deciding to issue a PSO?

clue: VO, WoC, H, O

A
  • Violence occured/likely to occur
  • welfare of children
  • hardship cause by PSO
  • other matters
22
Q

When considering hardship caused by PSO what sort of things should be considered? (3)

A

Family car Family finances Finance alternative accomodation

23
Q

When does a PSO order start and how long can they exist for?

A
  • Start immediately after they are served
  • Cannot exceed 5 days
24
Q

What are the four required steps before issuing a PSO? (4)

A
  • All enquiries (POL1310/ODARA)
  • Consider PSO
  • Seek authority to issue form qualified constable
  • Document authorisation (sign POL1310/notebook)
25
Q

What powers do you have with regards to the respondant, once you decide to issue a PSO to someone? (3)

Fine?

A
  • Detain up to 2 hours
  • Remove from premises to stn, car etc
  • Power to arrest without warrant if refuses
  • Fine not exceeding $500
26
Q

What happens if unable to serve PSO during time of detention? (2)

A
  • Must release the person
  • You have 48 hours to issue & serve PSO

NOTE: 48 hour period begins when qualified const authorise PSO

27
Q

What are your powers and process for someone you find breaching a PSO? (4)

A
  • Arrest (reasonable force)
  • To court within 24 hours
  • Complaint to court to issue 124N order
  • If unable to be put before the court within 24hrs then release on summons
28
Q

What is the process open to you if a person breaches a PSO and absconds? (4)

A
  • Must advice CRL
  • 1 month to locate person
  • 24 hours to get to court once located or
  • Apply for WTA 124O (to court asap)
  • Complaint and seek 124N order
29
Q

What must happen to a WTA that has been issued for a breach of PSO after one month?

A
  • The matter must be brought back before the court to seek leave to withdraw
30
Q

What are the powers of the court when a breach of PSO order complaint has been made?

A
  • Direct another PSO order is made (not exceed 5 days)
  • Adjourn prodeedings to consider temporary PO
31
Q

If a court directs a PSO to be issued, who are the ‘role holders’ that issue the order? (3)

A
  • Court Orderly
  • A Constable
  • The Prosecutor
32
Q

What can the CRL be requested to do in regards to notifying a person at risk that a PSO order has been isdued by the court? (3)

A
  • 3 telephone calls in one hour
  • Send local unit to do 4Q
  • Update NIA of action taken
33
Q

Who must autherise police bail for offending against the DV act

A
  • Sgt or above
34
Q

What are the standard conditions of a protection order? (5)

A

Bound person must not :-

  • Physically / Sexually abuse person at risk
  • Damage or threaten to damage any property of person at risk
  • Threats, intimidation, harassment which amounts to psychologocal abuse
  • Encourage another person to do any of the above
  • Can also have no contact by telephone, electronic message, correspondence or otherwise other than reasonably necessary in an emergency
35
Q

What are the Procedures when a PSO is served?

Clue: Ex,Rec,SF,V,Prv,Ref,POL,FVC (8)

A
  • Fully explain to both parties
  • Record the PSO in NIA
  • Immediately surrenders all firearms or weapons (and a firearms licence if held) in their possession or control
  • vacate land/building
  • details for the bound person to enable prevention options.
  • Contact appropriate agencies (refuge)
  • Before the end of shift complete POL1310 etc
  • Notify FV coordinator
36
Q

Protection Orders

What must the respondent surrender to police and when?

A
  • Weapons in their possession /control (Lawfully in their control or not)
  • Firearms Licence
  • on demand at any time by a constable
37
Q

Protection Order

Serving:-

What is the procedure for serving the order? (10)

A
  • Check recording standards have been met
  • Assess and determine who should serve the order
  • If firearms licence, firearms or risk to server - police serve order
  • Demand surrender at time of service
  • Police provide suitable storage for firearms
  • Serve without delay
  • Notify victim when served
  • Document victim contact in NIA
  • Electronically forward notice of service back to the court
  • Maintain National recording standards
38
Q

Protection Order

Served on police employee, what must you do?

A
  • Copy of order (Or variation of order) sent to employee’s district commander or
  • National Manager or
  • Deputy Cheif Executive People PNHQ if the person is Supt level or above
39
Q

What ways are employees involved in family violence encourage to get support?

A
  • Ringing a confidential number (0800 327 669) to contact the Employee Assistance Programme (EAP), or
  • Discussing their concerns with their supervisor and/or welfare officer.
  • Such disclosure remains confidential unless the conduct disclosed is of such a nature that it should be investigated and/or prosecuted.

Wherever possible, Police should support and educate employees to assist them in dealing with issues to prevent and/or reduce the likelihood of family violence escalating and offending occurring.

40
Q

Employees who suspect or are aware of another employee being either an aggressor or victim of family violence are encouraged to report this confidentially by:

A
  • Ringing the Crime Stoppers number, or
  • Reporting it to their own supervisor or welfare officer so that a discrete and confidential approach can be made to that person and support provided.
41
Q

What must you do if you attend Employees engaged in family violence occurrences - no offence?

A
  • Appropriate support/advice
  • report confidentially to their supervisor who will contact welfare
  • Welfare will arrange approprite police contact ASAP and
  • Oversight of referral to appropriate support groups
42
Q

An employee who is an applicant** or **protected person under a protection order is encouraged to:

A
  • Report this confidentially to a Police welfare officer and/ or
  • their supervisor so that appropriate support and advice can be provided through EAP.
43
Q

New

What are the restriction on police/Ao staff who have been issued a protection order in relation to firearms?

A
  • employees with constabulary powers cannot carry their appointments (batons / spray/ taser) or be issued with a firearm, without being in breach of the order.
  • These restrictions also apply to authorised officers or Police employees involved in training, Police weaponry or exhibit handling of firearms and weapons. Police must avoid being complicit in any such breach and must be extremely careful not to increase risk to any person protected by the order by allowing such a breach to occur.
44
Q

New

In addition to immedaite effects of PSO, what other standard condition also apply? A person must not (same as a PO)

A
  • physically or sexually abuse the person at risk
  • threaten to physically or sexually abuse the person at risk
  • damage, or threaten to damage, property of the person at risk
  • engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the person at risk
  • encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the bound person, would be prohibited by the order.
45
Q

New

Protection Order - conditions relating to weapons

What weapons must the respondant not pssess or have in their control?

A
  • Firearm, airgun, pistol, restricted weapon, ammunition or explosive
  • Hold a firearms licence
46
Q

New

Suspension/revocation of firearms licence;

what happens for each;

Temporary Protection order?

PSO?

A
  • TPO = Deemed suspended until order is made final, then licence becomes revoked
  • PSO = Suspended for the duration of the PSO
47
Q

New

When can police approve the issue a firearms licence to a person who is the respondant of a protection order

A
  • Never

S/Sgt CPK November 2017 (19 decks)

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