Protection Orders

Question 1

What is the PURPOSE of Protection Orders?

Answer 1

• Protection Orders and Related Property Orders are a COURT ORDERED MECHANISM providing safety for Victims of Family Violence.
• Police may be involved in SERVING Protection Orders and MUST serve them if:
  . The Respondent holds a firearms licence
  . The Respondent is believed to be in possession of or have access to a firearm (whether or not they have a licence)
  . Service is assessed as being a significant risk to the server
  . The Protection Order is granted without notice

Question 2

What opportunity would Police have by serving Protection Orders?

Answer 2

• Police service of Protection Orders are Crime Prevention and Victim Focused Safety Opportunities.
• Police can also give the Respondent a clear message about ACCOUNTABILITY if they breach.
• To ensure safety of Victims and Police, serving Protection Orders MUST be afforded PRIORITY and carried out without delay.

Question 3

What will Police ‘ensure’ with regards to Protection Orders?

Answer 3

• Police will ensure that:
  . Robust information sharing, collaborative risk assessment and safe service delivery practices for Protection Orders will be developed and implemented in conjunction with Courts
  . At the time of service, Police WILL DEMAND surrender of ALL FIREARMS and FIREARMS LICENCES
  . Staff Safety is of PARAMOUNT importance when determining appropriate methods to SEIZE firearms or firearms licences
  . The Officer serving a Protection Order will contact the Victim and inform them that service has occurred
  . All breaches of Protection Orders and Related Property Orders will be taken seriously and if there is sufficient evidence, it is expected that in most cases the Offender will be arrested and prosecuted for the breach.

Question 4

Explain “Conditions relating to weapons”?

Answer 4

• It is a condition of EVERY Protection Order that the Respondent MUST NOT:
  . Possess or have any weapon under their control
  . Hold a firearms licence

Question 5

What are the RESPONDENTS required to do regarding the condition relating to weapons for a Protection Order?

Answer 5

• The Respondent MUST SURRENDER to Police ANY WEAPON in their possession or under their control and any firearms licence held by them:
  . As soon as practicable after the Protection Order is served on them and
  . On demand made, at any time, by a Constable (S. 98-102)
• On the making of a Protection Order , any firearms licence held by the Respondent is also deemed to be SUSPENDED. The licence is deemed to be REVOKED when the Order becomes FINAL (S. 99)

Question 6

What are Police actions once weapons are surrendered?

Answer 6

• Police MUST RETAIN any weapons surrendered on them on the issue of a Protection Order for the period of the licence suspension and, except in circumstances where the weapon may be lawfully retained, RETURN the weapon to the person as soon as practicable after the suspension ceases to be in force (S.98)

Question 7

What must Police never approve while there is a Protection Order against Respondent?

Answer 7

• While the Court may dispense with, modify, discharge, or re-impose standard conditions relating to weapons, Police MUST NEVER APPROVE the issue of a firearms licence while there is a Protection Order against the Respondent.

Question 8

Protection Orders include non-molestation and non-violence orders. Explain this?

Answer 8

• Non-molestation and non-violence Orders issued under the Domestic Protection Act 1982 and still in force when the Domestic Violence Act 1995 came into effect are treated as Protection Orders issued under the new Act.
• If, through the course of your family harm investigation or other duties, you become aware that a Respondent of a non-molestation or non-violence order has a FIREARMS LICENCE, you MUST NOTIFY an Inspector or above to consider REVOCATION of the firearms licences under S. 27 or S. 27A of the Arms Act 1983.

Question 9

What happens if there are breaches under the non-molestation and non-violence orders?

Answer 9

• Breaches of these orders are PROSECUTED under appropriate provisions in the Family Violence Act 2018.

Question 10

Explain “Withdrawal of Protection Orders”?

Answer 10

• Dynamics of family harm indicate that the Aggressor in the relationship may COERCE the Protected person to seek a Discharge of a Protection Order.
• Police may not be aware, but should Police become aware, EVERY EFFORT should be made to OPPOSE the application when HISTORY of the parties indicates the Protection Order should stay in place.

Question 11

What should Police consider when serving Protection Orders on the Respondent?

Answer 11

• In all cases where Police serve Protection Orders, the “PREVENTION FIRST” mind-set should be applied.
• Police service of a Protection Order is a PROBLEM SOLVING OPPORTUNITY to PREVENT on-going family violence crime and victimization within an often dysfunctional family or a ‘crime family’.

Question 12

What does service of a Protection Order by Police enables them to do?

Answer 12

• Serving a Protection Order also enables Police to connect with those in our Community who may have had no previous reported episodes of Family Harm documented by Police.
• This awareness enables Police to provide a more EFFECTIVE RESPONSE to any reported subsequent breach of the Protection Order.

Question 13

What are the CORE PRINCIPLES that guide EFFECTIVE Police responses to family harm?

Answer 13

1. SAFETY
2. INFORMATION GATHERING
3. ACCOUNTABILITY
4. WORKING COLLABORATIVELY

Question 14

What are Police RESPONSIBILITIES in relation to the CORE PRINCIPLE - Safety?

Answer 14

• Protect the safety of ALL parties, especially the protected person(s) and serving officer by assessing risk.
• This assessment may mean initiating a GRADUATED VICTIM response.

Question 15

What are Police RESPONSIBILITIES in relation to the CORE PRINCIPLE - Information Gathering?

Answer 15

• Risk Information should be collected before and during service.
• Any INTELLIGENCE gained MUST be documented and recorded in NIA.
• This will assist FUTURE SAFETY and CRIME PREVENTION PLANNING as part of the Graduated Victim Response.

Question 16

What are Police RESPONSIBILITIES in relation to the CORE PRINCIPLE - Accountability?

Answer 16

• Respondents should be given CLEAR MESSAGES during Police service of orders that they are ACCOUNTABLE should they breach.
• Clearly EXPLAIN the provisions of the Order and the CONSEQUENCES of a breach. This increases the DETERRENT IMPACT of the Orders by ensuring Respondents have NO EXCUSE to breach them.
• Police service also includes ENSURING the Respondent UNDERSTANDS the requirements of attending an assessment and non-violence or prescribed service.

Question 17

What are Police RESPONSIBILITIES in relation to the CORE PRINCIPLE - Working Collaboratively?

Answer 17

• Court Staff, Police Records staff, Family Violence Coordinators/Family Harm Specialists, and other Police staff MUST DEVELOP and IMPLEMENT robust INFORMATION SHARING, Collaborative Risk Assessment and Safe Service Delivery Practices.

Question 18

What are Police responsibilities regarding ‘Procedures for serving Protection Orders’?

Answer 18

• Police will ONLY serve Protection Orders that are granted WITHOUT NOTICE or where the overall circumstances indicate a SIGNIFICANT RISK OF HARM.
• ALL other Protection Orders SHOULD be served by Court Staff.

Question 19

On receipt of the Protection Order, what are the responsibilities of the OC Police station nearest to the Respondents home address?

Answer 19

• On receipt of the Order, the O/C station nearest to where the Respondent resides MUST:
  . Check that recording standards have been met
  . Assess ALL relevant information to determine WHO SHOULD SERVE THE ORDER and what other Police actions may be required, for example:
  > An Inspector or above consider the Revocation of Firearms licences under S. 27 or 27A of the Arms Act 1983
  > Where the Respondent is believed to be in possession of or have access to firearms, a Warrantless Search for Firearms under S. 18 of the Search and Surveillance Act 2012
  > A Graduated Victim Response, for example: Police visit to the Applicant, Creating and Actioning a Victim Intervention Plan (VIP) for the Protected Person(s).

Question 20

What criterias should an Order require Police for service of a Protection Order?

Answer 20

• Police MUST serve Protection Orders if:
  . The Respondent holds a Firearms licence, or is believed to be in possession of or have access to a firearm
  . Service is assessed as being a SIGNIFICANT RISK to the server
  . The Protection Order has been GRANTED WITHOUT NOTICE
• All other Protection Orders SHOULD be served by Court Staff.

Question 21

At the time of service, what MUST Police demand from the Respondent of a Protection Order?

Answer 21

• At the time of service, Police MUST demand SURRENDER of ALL firearms and the Firearms Licence under S. 21.
• Respondents who fail to surrender ALL FIREARMS in their possession on demand or their firearms licence MAY BE arrested for Breach of the Protection Order.

Question 22

What can Police consider under S. 27 and S. 27A of the Arms Act 1983 to ensure the Respondent SURRENDERS any firearms or firearms licence?

Answer 22

• If the Respondent holds a Firearms licence, the licence can be REVOKED.

Question 23

What can Police consider under S. 18 of the Search and Surveillance Act 2012 to ensure the Respondent SURRENDERS any firearms or firearms licence?

Answer 23

• If there is belief that the Respondent may be in possession of or have access to firearms, S. 18 grants Police a warrantless search associated with arms.
• A REPORT MUST be sent to the Commissioner within THREE days if this power is exercised.
• Local processes MUST be in place to ensure FIREARMS have been SEIZED and SURRENDERED within 24 hours.

Question 24

Once firearms are seized by Police as a result of service of a Protection Order, what MUST Police provide to store the firearms?

Answer 24

• Police MUST provide SUITABLE STORAGE for all weapons seized under the Domestic Violence Act or Arms Act for the period of the SUSPENSION of the Firearms licence.
  NOTE: Dispose of Firearms according to S. 28 Arms Act when a FINAL ORDER is made.

Question 25

What are Police responsibilities once the Protection Order is served on Respondent?

Answer 25

• The Police Officer who SERVES a Protection Order MUST:
  . without delay, give notice to the OC station nearest to where a copy of the Order was served
  . ensure that the Victim is contacted and informed that service has occurred
  . document this Victim Contact in the Victims Node in NIA
  . forward Notice of Service back to the Family Court, either hard copy or electronically
  . maintain National Recording Standards. This is CRITICAL to ensure that ALL staff responding to calls for service in the future have RELIABLE, ACCURATE, RELEVANT and UPDATED information to act on
  . ensure the Protection Order is DELETED from the Police file record once served. ANY Court Document that was provided to Police for service MUST not be retained in order to comply with the Privacy Act 1993.

Question 26

What is the PARAMOUNT importance when determining appropriate methods to seize firearms or firearms licences?

Answer 26

STAFF SAFETY.
- To ensure safety of Victims and Police, service of Protection Orders MUST be afforded priority and carried out without delay.

Question 27

What happens if the Respondent is a POLICE EMPLOYEE?

Answer 27

• In any case where the Respondent is a Police Employee, the serving officer MUST send a copy of ANY Protection Order or Variation of an Order to the employees District Commander or National Manager for appropriate action to be taken.