PPP125 DV 2 -->

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  1. When must you apply for AVO under s27 DPV
    • Must apply for avo
    • Dv offence
    • Stalking/intimidation
    • Child abuse <- 227 CARE act
    • If the police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person who would be protected by the order or to prevent substantial property damage
    • -Application must be made by a police officer
    • - If not making application need to make written record
  2. S32 DPV act states duration of provisional AVO, what is this duration?
    Until midnight on 28th day after the order is made until sooner revoked by the court
  3. S89 DPV relates to detaining defendants for the making and service of a provisional AVO, explain
    • If police is making application for AVO, can direct the person named in order to remain at scene or where the officer locates that person.
    • If refused can arrest and detain at scene or station
  4. S90 DPV act relates to detaining defendent for the service of an AVO,
    • Police suspect person is defendant of an AVO to be served, can direct person to stay where the person is for the purpose only of serving the person a copy of that AVO
    • If refuse - arrest and detain at scene or station
  5. S13A LEPRA relates to identifying suspected AVO defendants - explain
    • S13A Lepra - Identity of a suspect AVO defendant may required to be disclosed
    • - may request the identity of a person whos identity is UNKOWN to officer to disclose identity if officer SUSPECTS o.r.g the an AVO has been made against that person - Offence to refuse
  6. S14 DPV - contravene AVO - explain this offence
    Person who KNOWINGLY contravenes a prohibition or restriction specified in avo is guilty of offence
  7. Act of indecency s61N CA
    • The accused
    • Committed an act of indecency
    • With or towards another person

    "Must have a sexual connotation"
  8. Indecent assault S61L CA
    • The accused
    • Assaulted the victim
    • At the time or immediatly before or after
    • Commited an act of indecent on or in the presence of the victim
  9. Sexual Assault S 61I CA
    • The accused
    • had sexual intercourse with the victim
    • Without consent
    • Knew or was reckless to the lack of consent
  10. What constitutes sexual intercourse?
    • Penetration of vagina or anus by any part of body or object manipulated
    • Fellatio
    • Cunnilingus
    • Continuation of sexual intercourse after consent withdrawn
  11. What is negates consent in relation to sexual assault?
    • Negation of consent
    • person doesnt have capacaity due to age or cognitive capacity
    • Person doesnt have opportunity to consent due to being asleep or unconcious
    • Person consents as a result of threats of force or terror
    • Person consent due to being unlawfully detained
    • Mistaken belief
    • as to identity of person
    • That the other person is married
    • Medical or hygiene purpouses
  12. First response to sexual assualt - responsibilitys
    • Notify Duty Officer
    • Respond in Respectful and supportive manner
    • Ensure victim is safe
    • Where medical attention is required consult with D.O regarding transport to a sexual assault service hospital via ambo or unmarked police vehicle
    • Where medical attention is not required, ensure victim has privacy
    • Identify crime scene and preserve
    • For recent assaults, advise the victim it is preferable not to eat drink or wash and explain that it may compromise forensic evidence
    • Take an accurate record of the following in notebook - Victim detals, any conversation with vic, observations, especially the initial complaint - contemporanous statements about hteir ealth and where any person place or thing is identified
  13. What is the meaning of reckless in terms of sexual assault?
    realizing the victim might not be consenting but having intercourse regardless or the accused does not care whether they consent or not
  14. S27 CARE act relates to mandatory reporting - explain 
    It s duty of health care, welfare, education, childrens services, residential services or law enforcement if suspect child is at risk of significant harm, must report to docs
  15. S23 CARE act states when a child/yp is at ROSH, there are 7 points - name them 
    • Basic physical or phsycho logical needs are not/risk of not being met
    • Parent/caregiver not arranged/unwilling/unable to arrange necessary medical care
    • Parent/caregiver has not arranged/are unwilling or unable to arrange education
    • Is at risk of being physically or sexuall abused or ill treated
    • Child/yp living in house where incident of DV
    • Parant/caregiver behaviour causes/risks the child/yp suffering serious phsycological harm
    • Birth mother fails to engage successfully with suport services to eliminate risk factors to a child who is subject to prenatal report. 
  16. S41 (1) CARE
    Police officer may remove a child or young person is irosh and and avo would not suffice
  17. S43 (2) CARE
    Police officer may remove a child if in need of CARE AND PROTECTION and is not under the SUPERVISION/CONTROL of a responsible adult is living in or habitually frequenting a public place
  18. S43 (3) CARE
    • Police suspect
    • Child YP
    • need care protection
    • is/has/recently been on premises
    • is/has/recently been participating
    • prostitution/child abuse material]
    • (4) - may enter and search for that person 
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PPP125 DV 2 -->
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