(1) If a police
officer reasonably suspects that domestic violence has been committed, the
police officer must investigate or cause to be investigated the complaint,
report or circumstance on which the officer’s reasonable suspicion is based.
(2) If, after the investigation, the police officer reasonably believes
domestic violence has been committed, the police officer must consider whether
it is necessary or desirable—
(a) to take any action under subsection (3) to
protect a person from further domestic violence; and
(b) for the person to be
protected immediately from further domestic violence and, if so, what is the
most effective action to take to immediately protect the person.
(3) The
police officer may do any of the following—
(a) apply to a court for a
protection order under part 3 , division 1 ;
(b) apply to a court for a
variation of a domestic violence order under part 3 , division 10 ;
(c) issue
a police protection notice under division 2 ;
Note—
Under section 112, a
police protection notice is taken to be an application for a protection order.
(d) take the respondent into custody under division 3 ;
Note—
Under
section 118, if a police officer takes a respondent into custody, the police
officer must apply for a protection order against the respondent.
(e) apply
to a magistrate for a temporary protection order under division 4 ;
(f) take
any other action appropriate in the circumstances.
Example of other action—
taking a respondent to another place, including, for example, a hospital, to
receive treatment necessary for the respondent’s welfare
(4) If, after
the investigation, the police officer decides not to take any action, the
police officer must make a written record of the police officer’s reasons
for not taking any action.
(5) The police commissioner must keep the written
record in hard copy or electronic form.
(6) This section does not limit the
responsibility of the police officer to investigate whether a criminal offence
has been committed.
