Drugs, Mental Health and Alcohol

Question 1

What is a mental disorder?

Answer 1

Abnormal state of mind (continuous or intermittent), characterised by delusions to such a degree that,
- poses serious danger to health & safety of them/others, or
- seriously diminishes capacity of person to look after themselves

Question 2

What is the role of a DAO?

Answer 2

*Decide whether person needs an examination and if urgently.
*Arrange mental health practitioner to examine the person.

Person may be certified for compulsory treatment and further examination conducted (psychiatrist/doctor).

Question 3

MH(CAT)A1992 Sec.4
Compulsory Assessment may not be invoked because of a person’s?

Answer 3

Political, cultural, religious beliefs
Sexual preference
Criminal behaviour
Alcohol/drug abuse
Intellectual disability

Question 4

When can Police assist a DAO?

Answer 4

(1) called to assist DAO under Sec.41 MH(CAT)A 1992
(DAO acting under Sec.38 and 40)

(2) DETAIN person for medical exam if mental health medical practitioner is able to attend; or
(3) TAKE person to place for medical exam

*can detain person for up to 6 hours, or completion of medical exam, whichever is shorter

Question 5

What powers do Police have under Sec.41 MH(CAT) Act 1992 when called to assist DAO to have mental health practitioner examine person?

Answer 5

ENTER premises
DETAIN person at that place for medical examination; OR
TAKE person to other place for examination

May detain for up to 6 hours, or duration of examination (whichever is shorter)

Must - produce ID if not in uniform

Question 6

Procedure for assisting DAO

Answer 6

(1) Under Sec.41 may enter private property to assist DAO acting under Sec 38(4)(b) or (d), or 40(2) MHA 1992.
(2) Check credentials of DAO making request.
(3) If requested to assist person for assessment, request to see assessment certificate, or compulsory treatment order.
(4) Only use force in an emergency and as is reasonably necessary

Question 7

How long can Police detain a person suffering a mental disorder?

Answer 7

The shorter of 6 hours, and the time it takes for examination

Question 8

What should you do if a mental health practitioner decides the person does not have a mental disorder?

Answer 8

Release the person and consider passing care to family or a friend

Question 9

What powers are available to Police to enter private property and detain a person with a mental disorder?

Answer 9

Sec.41 MHA 1992 - to assist DAO, to DETAIN/TAKE person for medical exam

Sec.7 S&SA 2012 - to search and arrest person unlawfully at large (inpatient order and absent without leave)

Sec.41 CA61 - prevent suicide

Question 10

Other than Sec.41 MHA 1992, what other enactments allow Police to enter private property to detain a person with a mental disorder?

Answer 10

Sec.7 S&SA 2012 to search and arrest person RGTS unlawfully at large (inpatient order and absent without leave)

Sec.41 CA61 prevent suicide

Question 11

Sec.109 MH(CAT)A 1992 enables Police to do what with mentally disordered person found at large?

Answer 11

*Mentally disordered person
*wandering at large in Public Place
*In interests of person or public
*TAKE to Police Station, Hospital or other
*ARRANGE mental health practitioner to examine asap

Question 12

Sec.20 SASA 2012 (warrantless) re. offences against MODA75

Answer 12

May ENTER and SEARCH a place/vehicle if
*RGTB not practical to obtain warrant and in place/vehicle there is
*Class A, B, C, or precursor; AND
*RGTS in place/vehicle offence against MODA75 has, is, about to be committed; AND
*RGTB ENTRY and SEARCH not carried out immediately EM will be CADD

Question 13

Sec.19 SASA 2012 (re. MODA75)
What three conditions must be met to authorise search of a person at a place or vehicle?

Answer 13

*Warrant issued (Sec.6 SASA2012) for offence against MODA75
*Warrant executed by Constable
*Person found at place/vehicle specified in warrant

Question 14

Who may conduct an internal search?

Answer 14

A registered medical practitioner - with suspect’s consent

Question 15

What was the court’s finding in relation to the officer’s actions to induce the suspect to spit out a package containing drugs by applying force in R v Roulston?

Answer 15

1. An internal search was not completed
2. Concerns for suspect’s safety from ingesting drugs
3. Officer’s actions did not amount to cruel and degrading treatment

Question 16

3 Alcohol Ban Enforcement Principles

Answer 16

1. Enforcement not directed by strict compliance.
2. Whether to take enforcement action.
3. Preventing alcohol harm/anti-social behaviour

Question 17

Alcohol related harm & anti social behaviour factors (for arrest Sec.169)

Answer 17

*Disorder, violence, ASB hotspot
*Behaviour related complaints
*Probability of disorder, violence
*Evidence of intoxication
*Gathering of individuals likely to result in ASB

Question 18

Public Place (definition)

Answer 18

A place that is open to or is being used by the public, whether free on on payment of a charge and whether any owner/occupier is lawfully entitled to exclude/eject any person; does not include licensed premises

Question 19

Sec.147 Local Govt. Act 2002
Breach of alcohol ban. What must you prove?

Answer 19

ID of offenders & they breached bylaw by:
* Consuming alcohol
* Bringing alcohol
* Possessing alcohol
* In public place specified in bylaw

Question 20

Sec.169 (2)(b) Local Govt Act 2002 (seize)

Answer 20

May seize/remove alcohol in a restricted place in breach of an alcohol ban

Question 21

Sec.170 Local Govt Act 2002
Before search of container or vehicle you must?

Answer 21

*inform person in possession of container/vehicle they have opportunity to remove c/v from public place; and
*provide person with reasonable opportunity to do so

Question 22

Is alcohol in an unopened container exempt from liquor ban regulations?

Answer 22

Yes, it may be exempt if being transported to some other location. Although opened containers may not. Discretion is advised.