❓ A WA parliamentary question on notice probes the use of police orders in domestic violence incidents, seeking data on their frequency, effectiveness, and penalties for breaches, particularly in the South West district. The response highlights data limitations prior to December 2013 and refers some questions to the Attorney General.
AnsweredQoN 1936Legislative Council
QuestionView source ↗
I refer to the use of police orders in relation to domestic incidents, and I ask: (a) why do Western Australian police prefer to use a police order in relation to domestic violence incidents as opposed to imposing sanctions; (b) what range of conditions may be imposed in a police order; (c) as a police order is not an official sanction, why is it increasingly being utilised by frontline officers to deal with domestic incidents; (d) what assessment has been undertaken by the police to assess the effectiveness of the use of police orders for domestic incidents and what are the finding of the assessments; (e) when did Western Australian police start using police orders to deal with domestic incidents; (f) of the 17,761 police orders issued in 2013-14: (i) how many offenders were issued with police orders in relation to more than one domestic incident; and (ii) how many offenders were issued with police orders in relation to more than five domestic incidents; (g) what penalties are imposed for a breach of a police order; (h) for each 2011-12, 2012-13 and 2013-14, how many police orders were issued in relation to domestic incidents; (i) for each 2011-12, 2012-13 and 2013-14, how many police orders issued in relation to domestic incidents were breached; (j) for each 2011-12, 2012-13 and 2013-14, what penalties were imposed for the breach of a police order issued in relation to a domestic incident; (k) for each 2011-12, 2012-13 and 2013-14, how many domestic incidents did police respond to; (l) for each 2011-12, 2012-13 and 2013-14, how many domestic incidents did police respond to in the South West police district; (m) for each 2011-12, 2012-13 and 2013-14, how many police orders were issued in relation to domestic incidents in the South West police district; (n) for each 2011-12, 2012-13 and 2013-14, how many police orders issued in relation to domestic incidents in the South West police district were breached; and (o) for each 2011-12, 2012-13 and 2013-14, what penalties were imposed for the breach of a police order issued in the South West police district in relation to a domestic incident?
AnswerView source ↗
Answered
17 February 2015
Responded by
Attorney General representing the Minister for Police
Response time
118 days
(a) Police apply a range of pro-intervention strategies when responding to domestic violence incidents, including issuing a police order where appropriate.
A police order made under the
Restraining Orders Act 1997
serves as an interim restraining order for a period of up to 72 hours for the restrained person. A police order is a useful tool utilised by police to provide immediate restraint of the perpetrator, and the issue of a police order may occur ancillary to any other intervention (including a sanction).
(b) See section 30C(2) of the
Restraining Orders Act 1997
.
(c) The power to make a police order is contingent on the existence of grounds that relate to an act of family and domestic violence so they are not imposed outside the context of a family and domestic violence incident. A police order does not require the consent of the person to be protected.
(d) No assessment has been undertaken to date.
(e) Police orders were introduced with the 2004 amendments to the
Restraining Orders Act 1997
.
(f) Information on whether a police order was issued specifically in relation to a domestic incident is not readily available or easy to ascertain prior to 16 December 2013 when the Domestic Violence Incident Report (DVIR 1-9) was added to IMS.
Between 1 January 2014 and 30 June 2014, a total of 5,968 unique offenders were issued with a police order in relation to a domestic incident(s).
(i) 1,009 unique offenders were issued with police orders in relation to more than one domestic incident.
(ii) 20 unique offenders were issued with police orders in relation to more than five domestic incidents.
(g) Section 61(2a) of the
Restraining Orders Act 1997
provides for a penalty of $6,000 or imprisonment for 2 years, or both.
(h) Information on whether these Police Orders were issued for domestic incidents is not readily available or easy to ascertain prior to 16 December 2013 when the Domestic Violence Incident Report (DVIR 1-9) was added to IMS.
Police officers are required to complete a DVIR 1-9 for incidents involving persons in a family and domestic relationship, particularly where a police order has been issued, and this report allows extra information pertaining to family and domestic incidents to be captured.
Complete full-month statistics are available from January 2014:
DVIR 1-9 Police Orders Issued
1/1/14 - 30/6/14
8,518
(i)
It is not possible to readily confirm whether the breached police orders that resulted in those charges were issued in relation to a domestic incident.
(j)Refer to the Attorney General.
(k)
Number of CAD Jobs
2011-12
34,883
2012-13
38,584
2013-14
40,459
Statistics are for CAD jobs identified as 'Domestic (Serious to Minor)' or 'Domestic Violence Breach' requiring police attendance.
(l)
Number of CAD Jobs
2011-12
1,905
2012-13
2,167
2013-14
2,243
Statistics are for CAD jobs in the South West District identified as 'Domestic (Serious to Minor)' or 'Domestic Violence Breach', and required police attendance.
(m)Information on whether police orders were issued for domestic incidents is not readily available or easy to ascertain prior to 16 December 2013 when the Domestic Violence Incident Report (DVIR 1-9) was added to IMS.
Complete statistics are available from 1 January 2014 to 30 June 2014
DVIR 1-9 Police Orders Issued
1/1/14 - 30/6/14
418
(n) It is not possible to readily confirm whether the breached police orders that resulted in those charges were issued in relation to a domestic incident.
(o) Refer to the Attorney General.
A police order made under the
Restraining Orders Act 1997
serves as an interim restraining order for a period of up to 72 hours for the restrained person. A police order is a useful tool utilised by police to provide immediate restraint of the perpetrator, and the issue of a police order may occur ancillary to any other intervention (including a sanction).
(b) See section 30C(2) of the
Restraining Orders Act 1997
.
(c) The power to make a police order is contingent on the existence of grounds that relate to an act of family and domestic violence so they are not imposed outside the context of a family and domestic violence incident. A police order does not require the consent of the person to be protected.
(d) No assessment has been undertaken to date.
(e) Police orders were introduced with the 2004 amendments to the
Restraining Orders Act 1997
.
(f) Information on whether a police order was issued specifically in relation to a domestic incident is not readily available or easy to ascertain prior to 16 December 2013 when the Domestic Violence Incident Report (DVIR 1-9) was added to IMS.
Between 1 January 2014 and 30 June 2014, a total of 5,968 unique offenders were issued with a police order in relation to a domestic incident(s).
(i) 1,009 unique offenders were issued with police orders in relation to more than one domestic incident.
(ii) 20 unique offenders were issued with police orders in relation to more than five domestic incidents.
(g) Section 61(2a) of the
Restraining Orders Act 1997
provides for a penalty of $6,000 or imprisonment for 2 years, or both.
(h) Information on whether these Police Orders were issued for domestic incidents is not readily available or easy to ascertain prior to 16 December 2013 when the Domestic Violence Incident Report (DVIR 1-9) was added to IMS.
Police officers are required to complete a DVIR 1-9 for incidents involving persons in a family and domestic relationship, particularly where a police order has been issued, and this report allows extra information pertaining to family and domestic incidents to be captured.
Complete full-month statistics are available from January 2014:
DVIR 1-9 Police Orders Issued
1/1/14 - 30/6/14
8,518
(i)
It is not possible to readily confirm whether the breached police orders that resulted in those charges were issued in relation to a domestic incident.
(j)Refer to the Attorney General.
(k)
Number of CAD Jobs
2011-12
34,883
2012-13
38,584
2013-14
40,459
Statistics are for CAD jobs identified as 'Domestic (Serious to Minor)' or 'Domestic Violence Breach' requiring police attendance.
(l)
Number of CAD Jobs
2011-12
1,905
2012-13
2,167
2013-14
2,243
Statistics are for CAD jobs in the South West District identified as 'Domestic (Serious to Minor)' or 'Domestic Violence Breach', and required police attendance.
(m)Information on whether police orders were issued for domestic incidents is not readily available or easy to ascertain prior to 16 December 2013 when the Domestic Violence Incident Report (DVIR 1-9) was added to IMS.
Complete statistics are available from 1 January 2014 to 30 June 2014
DVIR 1-9 Police Orders Issued
1/1/14 - 30/6/14
418
(n) It is not possible to readily confirm whether the breached police orders that resulted in those charges were issued in relation to a domestic incident.
(o) Refer to the Attorney General.
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