Who can issue a PSO?
Any constable - if authorised by sgt or above.
What is a police safety order?
Order issued by a constable (on a prescribed form)
To a BOUND person.
To ensure the protection of the ‘person at risk’
Who is the bound person?
The person against whom the order is issued.
What are the 4 options available to police when attending a family violence incident?
- NO FURTHER ACTION (consider advising on protection order / referral to victim support / women’s refuge etc).
- WARNING (after review of file by family violence coordinator - encourage aggressor to seek support for underlying issues).
- ISSUE A PSO (insufficient to arrest but you BELIEVE necessary to ensure safety of person at risk).
- ARREST (offence disclosed & sufficient evidence).
When completing a risk assessment form, prior to issuing a PSO, what else must you consider?
Aggressor has used DV against person at risk.
- aggressor has used / using DV against another person (domestic relationship).
- likely to use DV
- welfare of children
- potential hardship if PSO issued.
What other info might you consider before issuing a PSO?
- previous interactions with police.
- history of mental illness.
- presence / history of intoxication.
- propensity for violence.
- protection orders / PSO’s already in place.
Do police need the consent if the ‘person at risk’ to issue a PSO?
Also Avoids blame being issued at the person for police action.
Who cannot have a PSO issued against them?
A child (under 17 - not including married / de-facto).
How long can a Constable intending to issue a PSO against a person, detain that person?
Either at police station or at address).
What is the purpose of two hours detain?
Sufficient time to:
Seek authorisation from a qualified constable (Sgt)
Issue the order.
Serve the order.
What can police do if a person fails or refuses to remain at the place where they have been detained?
Arrest - even if PSO isn’t ultimately issued.
If a PSO is issued, what must the bound person immediately surrender to a constable?
Any weapon (possession or control)
Any firearms licence (deemed suspended when PSO issued).
What else must a bound person do?
Vacate any land occupied by person at risk (regardless of whether they have legal interest in the land ).
What other conditions are in the PSO?
- contact PAR (phone/txt/email) unless necessary in an emergency.
- accost follow / stop PAR in any place.
- Trespass enter / remain on land where PAR is present.
- Threaten physical / sexual / psychological abuse.
- watch / loiter near / prevent access to/from where the PAR lives/works/study’s.
- encourage others to behave in above way.
- damage or threaten property.
If a couple have a parenting order, or arrangements regarding care of children, what happens in the event of a PSO being issued?
Hyphen agreement / order is suspended.