ADPP S2 Law
Section 22 (Mental Health Act 2007) - ANS If we find a person to be mentally ill we may detain
and take them to mental health facility if
1. Committed or is committing an offence
2. Tried to, is trying or will attempt to kill themselves or cause serious physical harm to
themselves or another person
3. it is better to deal with them under this act compared to the law
Section 81 (Mental Health Act 2007) - ANS Gives us power to
81(2) - Use reasonable force
81(4) - Frisk search the patient
Suicide risk assessment (THREAT) - ANS T.H.R.E.A.T
T. - Thinking of suicide
H. - History of suicide attempts
R. - Reasons and circumstances
E. - Emotionally depressed
A. - Access to lethal means
T. - Tactics and plan to kill themselves
Street offences - ANS
Section 4 (summary offences act) - ANS Offensive conduct
Section 4A (Summary Offences Act) - ANS Offensive language
Section 5 (Summary offences Act) - ANS Obscene exposure (does not include buttocks)
Section 11C (Summary offences Act) - ANS Custody of knife in public place or school
- The accused
- Has a knife
- In their custody
- Without reasonable excuse (proof lies on the accused)
- In a public place or school
Section 11E (Summary offences Act) - ANS Wielding knife in public place or school
- Same as S11C although the knife is visible to the public
Knife definition - ANS - A knife
- A Razor blade
, - Any other blade
Dangerous implement - ANS - Knife
- Dangerous article
- Made or adapted to injure a person
- Anything in the custody of the person to harm people or damage property
Domestic Violence - ANS
Section 7 - Crimes(domestic and personal violence) act {CDPVA} - ANS Meaning of
Intimidation
- Conduct amounting to harassment or molestation
- Person to fear for his or her safety
Section 8 (CDPVA) - ANS Meaning of Stalking
- following a person
- watching a person
- Frequently visiting a persons residence, work, place of leisure
Section 13 (CDPVA) - ANS Stalking or intimidation
- The accused
- Stalks or intimdates
- A person
- With intention to cause fear of physical or mental harm
Meaning of a domestic relationship (MISS DORA) (Section 5) - ANS - Married to the person
- intimate relationship (whether of sexual nature or not)
- Same household
- Same residential facility
- De-Facto partner
- Ongoing dependance or care
- Relatives
- ATSI, extended family or NOK (next of kin)
Meaning of intimate relationship - ANS - Married
- Divorced
- Engaged or soon to be married
- Separated
- Dating
Section 27 (CDPVA) - ANS Urgent/ Provisional AVO
Section 32 (CDPVA) - ANS AVO will remain in force from the moment it is served to until
midnight on the 28th day
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