PSO + PO Flashcards
Who can issue a PSO
Any constable may issue a PSO if authorised by a qualified constable.
A qualified constable means a constable who is of or above the rank of sergeant.
Issuing a PSO is the process of filling out the PSO after completing a risk assessment. A constable who believes it is necessary to issue a PSO must seek authorisation from a qualified constable.
Bound Person (PSO)
the person against whom the order is issued
becomes a bound person. They are bound by the conditions outlined in the PSO.
Domestic Violence Act 1995,
Section 124C
Police do not need the consent of the person at risk to issue a PSO. By not requiring their consent we are able to avoid the person at risk being blamed for police action.
Domestic Violence Act 1995, Section 124E(3)
Person at risk defined as?
A person at risk is defined as
• the person named in the order (for whose safety the order is issued).
• any child residing with that person. (includes children of the person whom the order is to be issued against whether the person at risk is also a parent or not).
Domestic Violence Act 1995, Section 124D
A PSO cannot be issued against a child.
A child is defined as a person who is under the age of 17 years.
Does not include a person who is or has been married or in a civil union or de facto relationship
Domestic Violence Act 1995, Section 124I(1)
Detainment
A constable intending to issue a PSO against any person may detain that person for a period not exceeding 2 hours. The person can be detained at the address where the police have found them or transport them to a Police
station and hold them until the order has been served or the 2 hours expires.
The purpose of the detention is to allow the issuing officer sufficient time to:
• seek authorisation to issue the order from a qualified constable
• issue the order
• serve the order
When to issue a PSO?
A Police Safety Order (PSO) is used when you believe it is
necessary to take action to ensure the safety of a person at risk and there is insufficient evidence to make an arrest
Following attendance at an incident and subsequent
investigation, Police have four options as to what action to take next, including:
− take no further action
− issue a warning
− issue a PSO
− arrest where an offence has been disclosed and there is sufficient evidence
Domestic Violence Act 1995, Section 124L
Contravention of PSO
There is no offence as such for a person against whom an order is issued, to fail or refuse to comply with the order or any condition of the order.
However a constable may, without warrant, using reasonable force ‘take the person into custody’ and bring him or her before the District Court.
Breaches of a PSO should be taken seriously and efforts should be made to locate the bound person as soon as possible so that they can be brought before the Court or a Warrant to Arrest can be sought.
Domestic Violence Act 1995, Section 124G
Suspension of parenting orders
While a PSO is in effect against any person, any Parenting Order or day to day care or contact agreement relating to a child protected by that PSO, is suspended.
Effect of a Police Safety Order
A person against whom an order is issued must immediately surrender to a constable:
• any weapon in his or her possession or control (including firearms).
• any firearms licence held (the licence is deemed to be suspended. Section 124F
What are the three options that the Court has for dealing with a breach of a PSO?
When dealing with a breach of a PSO the court may:
• release the bound person with no further action
• direct the Police to issue another PSO to be served on the bound person as soon as possible. The bound person can be detained for no more than two hours to allow for the PSO to be served
• issue a temporary Protection Order. The bound person can be detained for no more than two hours to allow the temporary Protection Order to be served
Domestic Violence Act 1995, Section 124J
PSO to be explained
When serving the order you must explain to the person against whom the order is issued and the protected person the:
• purpose of the order.
• effect of the order.
• duration of the order.
• consequences of contravening the order.
‘Violence’ is defined in the Act as:
- physical abuse
- sexual abuse
- psychological abuse.
Domestic relationship’ includes:
• partners • family members • people who share a household • same-sex relationships • close personal relationships, but not employee-employer or tenant-landlord relationships.
Psychological abuse includes:
- intimidation
- harassment
- damage to property
- threats of physical, sexual and psychological abuse.
a person psychologically abuses a child if:
i) that person causes or allows the child to see, or hear, the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship; or
ii) puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring; but\
iii) the person who suffers that abuse is not regarded, for the purpose of this subsection, as having caused or allowed the child to see or hear the abuse, or allowed the child to be put at risk of seeing or hearing the abuse.
Who can apply for a PO
a person who is or was in a domestic relationship with another person
• the representative of a child on the child’s behalf
• the representative of a person lacking capacity on that person’s behalf
• a third party on behalf of the victim.
Before granting a protection order, the court must be satisfied that:
• there was family violence by the respondent or another
• the order is necessary for the protection of the applicant
or the applicant’s child or both.
If a respondent encourages another to engage in behaviour amounting to domestic violence, the respondent is deemed to have committed the behaviour personally
Before refusing to grant a protection order, the
court must consider:
• the perception of the applicant, or a child of the applicant’s family, of the nature and seriousness of the behaviour in respect of which the application is made
• the effect of that behaviour on the applicant or a child of
the applicant’s family
• if the behaviour seems trivial or minor when viewed in
isolation or appears unlikely to recur, whether it
nevertheless forms part of a pattern of behaviour that the
applicant child or family needs protection from
Occupation order (sections 52-55)
Any person who is in a domestic relationship with another person may apply to the court for an occupation order. It gives them and their children the right to personally and exclusively occupy the dwelling house. The court may vary or discharge any terms and conditions applied for
Tenancy order
sections 56-59
Any person (other than a child) who is or has been in a domestic relationship with another person may apply to the court for a tenancy order, giving the applicant the tenancy of any dwelling house of which, at the time the order is made, the other party to the proceedings is:
a) the sole tenant; or
b) a tenant holding jointly, or in common, with the applicant.
In determining whether to make an order under this section, the courts must
have regard to the reasonable accommodation needs of all persons who may
be affected by the order.
Surrendering arms and suspending licences
- Under section 21, the respondent must:
- as soon as practicable after they are served with the copy of the protection order, but in any case no later than 24 hours after such service and
- on demand made, at any time, by any member of the police surrender to a member of the police;
- any weapon in the respondent’s possession or under the respondent’s control and
- any firearms licence held by the respondent.
Firearms licences held by the respondent are deemed to be:
• suspended when a temporary protection order is issued and
• revoked when a protection order becomes a final order.
Under section 49(1), it is an offence for a person to, without reasonable excuse:
• Section 49(1)(a) - do any act in contravention of a protection order.
Penalty two years imprisonment.
• Section 49(1)(b) - fail to comply with any condition of a protection order.
Penalty two years imprisonment.
• Section 49A(1) - fail to comply with a direction to attend a programme.
Penalty 6 months imprisonment /$5,000 fine.`
