1 Flashcards

1
Q

Child or young person at risk of significant harm

A

children and young persons protection sct 23

  • Physical or psychological needs not being met or at risk of not being met
  • Parent or care giver not arranging medical care
  • Parent or care giver not arranging school
  • has been or at risk of being sexually or physically abused
  • psychological affects of seeing domestic violence
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2
Q

Mandatory reporting of a child at risk of harm

A

children and young persons protection sct 27

(1) Outlines who what a duty to report (includes law enforcement)
(2) Outlines when it must be reported ( where we SORG the child is at risk of harm throughout our work duties)

(3)

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3
Q

What are the differing types of child abuse and/or neglect?

A

physical
sexual
psychological/ Emotional
neglect

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4
Q

Removal of children and young persons without warrant

A

children and young persons protection sct 43

(1) Police can remove children (without warrant) when

If the Secretary or a police officer is satisfied, on reasonable grounds

a) Immediate risk of serious harm
b) And an AVO will not help, the secretary or a police officer may remove the child

(2) Police can remove a children in a public place (without warrant)

a) Need for care and protection
b) No supervision of a responsible adult
c) Living in or frequenting a public place

(3) Police can remove a children from places with prostitution or child exploitation (without warrant)

a) Is in need for care and protection
b) Present at a place where there has been prostitution / child prostitution or where people are used for producing child abuse material

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5
Q

Relevant concepts of Assault

A
  • Recklessness
  • Criminal Liability
  • Temporal Coincidence
  • Mens rea and actus reus
  • Legal defences to assault
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6
Q

Define Assault

A

Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence.

It is not necessary for actual physical harm to be inflicted.

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7
Q

examples of assault

A
  • Advance towards someone with a clenched fist (threats)
  • Using a dog as a weapon
  • Non-consenting kiss
  • Spitting on a person
  • Striking a horse causing the rider to fall
  • Pointing an unloaded/loaded firearm or toy pistol
    (if the victim believes it to be a pistol/taser)
  • An unlawful arrest
  • Excessive force
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8
Q

Assault occasioning actual bodily harm

A

Crimes act 1900 s 59

  • The accused
  • The Accused
  • Assaulted
  • A person
  • Occasioning actualbodily harm
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9
Q

What constitutes proper entry PAPO

A

PAPO

Notice of your PRESENCE (knocking)

Notice of your AUTHORITY (this is the police)

Notice of the PURPOSE / cause (reason for demanding entry

OPORTUNITY to comply

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10
Q

Requirements for forced entry to be legal. (PAPO)

A
  1. Notice of your presence - knocking
  2. Notice of your authority - its the police
  3. Notice of cuase or purpose -
  4. Oportunity to comply
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11
Q

S27 Crimes (domestic and personal violence act 2007)

A

Obligation of police to make and application of a provisional order

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12
Q

S49 Crimes (domestic and personal violence act 2007)

A

Circumstance in which police must make an application for an order.

Intellectual disability - Guardian

victim of violence / threat of

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13
Q
A
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14
Q

Examples of Personal Violence Offences

A

Assault

Property Damage

B&E

Intimidation

Stalkiing

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15
Q

Formula for a DVO

A

DVO = PVO + DR

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16
Q

DVSAT Stands for what

A

Domestic Violence Safety assessment tool