Mental Health, Sexual Assaults and Drugs (2)

Question 1

How long can someone be detained for, for purposes of a medical examination or assessment examination?

Answer 1

six hours

Question 2

Can a restricted or special patient be apprehended and returned to a hospital if absconded or AWOL?

Answer 2

Yes, at any time

Question 3

How long do you have to apprehend and return a Compulsory Treatment Patient to hospital, if AWOL or absconded?

Answer 3

Three months, then a new order/application for compulsory treatment must be completed

Question 4

Defence to an indecent charge

Answer 4

the defendant must prove that they had RGTB that they would not be observed

Question 5

What seven key behaviours should you display when dealing with sexual assault victims

Answer 5

CALM TEA

Conduct your dealings in a sensitive and concerned manner

Accept they are telling the truth until there is evidence to prove the contrary

Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings

Medical Attention

Treat them courteously

Explain the process you are following and why you need to follow that process

Advise of local counselling services where relevant

Question 6

Suitable meaning of “consent” for sexual acts

Answer 6

Conscious and voluntary agreement

Question 7

definition of obscenely

Answer 7

Offensive - a person would regard the act as disgusting, revolting or loathing

Question 8

definition of “indecent act”

Answer 8

“not conforming with generally accepted

standards of behaviour, especially in relation to sexual matters”..

Question 9

CA Section 125

Answer 9

Indecent act in a public place

Wilfully does

Any indecent act

In any place to which the public have or are permitted to have access

OR

Within view of any such place

Question 10

CA Section 126

Answer 10

Indecent act with intent to insult or offend

With intent to insult or offend any person

Does any indecent act
In any place

Question 11

CA Section 128 (1)(a)

Answer 11

Sexual violation by rape

Question 12

CA Section 128 (1)(b)

Answer 12

Any person having unlawful sexual connection with another person

Question 13

CA Section 128A

Answer 13

Allowing sexual activity does not amount to consent in some circumstances

Question 14

CA Section 132 (3)

Answer 14

Indecent act on a child under 12

Question 15

CA Section 134 (3)

Answer 15

Indecent act on a young person under 16

Question 16

CA Section 135

Answer 16

Indecently assaults

Another person

Question 17

CA Section 216H

Answer 17

Offence for everyone who intentionally or recklessly makes an intimate visual recording of another person

Question 18

MHA Section 4

Answer 18

No discrimination

No compulsory treatment or assessment shall be ordered in respect of any person by reason only of:

That persons political, religious, cultural belief

Sexual preferences

Criminal or delinquent behaviour

Substance abuse, or

Intellectual disability

Question 19

MHA Section 38

Answer 19

Assistance when person may need assessment

Question 20

MHA Section 41

Answer 20

Police assistance of a DAO

Any member of police called upon in such circumstances may

Enter the premises by force if necessary
AND

detain the person in those premises until the assessment examination has been conducted
OR

Take the person to some other place nominated by the DAO for the purposes of a medical examination or an assessment examination and detain at the location until the examination has been conducted

Question 21

MHA Section 109

Answer 21

Police powers in relation to person appearing to be mentally disordered in public place

Any members of police may apprehend

Any person wandering at large in a public place
AND

Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered
AND

The member believes it is the interest of the person or public to do so

Question 22

MHA Section 110

Answer 22

Authority of doctor

Can issue a certificate to accompany a request for an assessment to be completed if they believe a person is mentally disordered.

Question 23

MHA Section 110A

Answer 23

Use of sedatives

Doctor may administer a sedative to the proposed patient If they consider it necessary

Question 24

MHA Section 110C

Answer 24

Police powers when urgent assistance is needed by a MEDICAL PRACTITIONER

Any member of police called upon in such circumstances may

Enter the premises by force if necessary
AND

Detain the person in those premises until the assessment examination has been conducted
OR

Take the person to some other place nominated by the medical practitioner, for the purposes of a medical examination or an assessment examination, and detain the location until the examination has been completed

Question 25

MHA Section 122B

Answer 25

Use of Force Power to take or retake a person, proposed patient or patient A power to detain a person, proposed patient or patient in sections 41, 109, or 110 A power to enter premises in section 41 or 110

Question 26

Drugs Act 1975 Section 7?

Answer 26

``` Possession OR use of controlled drugs Procure OR Possess OR Consume OR Smoke OR Otherwise use Any controlled drug ```

Question 27

What you need to prove a prima facie case for the possession/use of drugs

Answer 27

Possession Knowledge of what the product was Usable quantity

Question 28

defence against the charge of "possession of a needle"

Answer 28

if proven that the needle was obtained from an authorised outlet

Question 29

What are the common "First Schedule, Class A" drugs?

Answer 29

``` methamphetamine (P) or (Ice) LSD (Lysergide) MEscaline HEroin Thalidomide Cocaine PCP Psilocybine "mushroom" ```

Question 30

What are the common "Second Schedule, Class B" drugs?

Answer 30

``` PART ONE: Morphine Opium Amphetamine Cannabis resin Cannabis oil MDMA (Ecstasy) MST's GHB (Fantasy) and GBL ``` PART THREE: Pethidine Methadone

Question 31

What are the common "Third Schedule, Class C" drugs?

Answer 31

``` PART ONE: BZP Cannabis fruit Cannabis leaf Cannabis seeds Coca Leaf ``` PART TWO: Codeine

Question 32

What are the common "Fourth Schedule, Class C" drugs?

Answer 32

PART THREE: Pseudoephedrine Ephedrine

Question 33

MODA 1975 Section 9?

Answer 33

Cultivation of prohibited plants Cultivates A prohibited plant

Question 34

MODA 1975 Section 12?

Answer 34

Permits use of premises OR permits use of vehicle ``` Knowingly permits Any premises OR Motor vehicle OR Other mode of conveyance To be used for the purpose of the commission of an offence against the misuse of drugs Act 1975 ```

Question 35

MODA 1975 Section 12A?

Answer 35

Possession of equipment, material, substances Has in his possession Any equipment or material capable of being used in or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant OR Any precursor substance With intent to use it for producing/manufacturing/cultivating a controlled drug

Question 36

MODA 1975 Section 13 (1)(a)?

Answer 36

Possession of instruments ``` Has in his possession Any pipe Or Any utensil For the purpose of the commission of an offence against the misuse of drugs act 1975 ```

Question 37

MODA 1975 Section 13 (1)(aa)?

Answer 37

Possession of instruments ``` Has in his possession Any syringe Or Any needle For the purpose of the commission of an offence against the misuses of drugs act 1975 ```

Question 38

What is the definition of "Mental Disorder"?

Answer 38

any person with an abnormal state of mind (whether continuous or intermittent nature) characterised by delusions or disorders of mood, perception, volition or cognition of such a degree that it: - poses a serious danger to the health OR saftey of that person OR others - seriously diminishes the capacity of that person to take care of themself

Question 39

What is the definition of "Restricted patients"?

Answer 39

subject to a compulsory treatment order but considered to present danger to the public

Question 40

What is the definition of a "Special Patient"?

Answer 40

detained by way of court order if found to be criminally insane OR unfit to plead. Also includes those on remand for psychiatric report

Question 41

Is a restricted AWOL patient considered unlawfully at large??

Answer 41

Yes

Question 42

What are the indicated amounts/quantity for a "possession for supply" charge of heroin/cocaine?

Answer 42

0.5g

Question 43

What are the indicated amounts/quantity for a "possession for supply" charge of cannabis cigarettes?

Answer 43

100

Question 44

What are the indicated amounts/quantity for a "possession for supply" charge of meth/morphine/MDMA?

Answer 44

5g

Question 45

What are the indicated amounts/quantity for a "possession for supply" charge of cannabis plant material?

Answer 45

28g

Question 46

S & S 2012 S. 20?

Answer 46

a warrantless search of places and vehicles for drugs (RGTB) to prevent CADD

Question 47

S & S 2012 S 21?

Answer 47

Can search anyone in the place or vehicle of section 20 for drugs

Question 48

S & S 2012 S 22?

Answer 48

a warrantless search of people for drugs with RGTB