Trespass Legislation and Policy

Question 1

An AHS CPO I can issue tickets for trespassing, but an AHS CPO II can’t. Why?

Answer 1

CPO II’s can remove or arrest without warrant using Sec 35 of the Criminal Code, but they don’t have the Petty Trespass Act or the the Trespass to Premises Act on their appointment, therefor can’t arrest or issue a ticket under those appointments.

Question 2

What is the main difference between the Petty Trespass Act and the Trespass to Premises Act?

Answer 2

Petty Trespass Act is for when the subject has no active trespass warning. The Trespass to Premises Act is used when they do have an active trespass warning.

Question 3

When is it appropriate to issue a trespass according to AHS’s trespassing standard?

Answer 3

When an individual’s behaviour or attendance threatens to disrupt patient care or to infringe upon the safety or security of patients, designated family/support, AHS people, visitors, or AHS property.

Question 4

What are the potential durations for trespass warnings?

Answer 4

1. 24 hours (Verbal)
2. 24 hours - 3 months (Written)
3. 1 year (Written)
4. 2 years (Written)
5. 5 years (Written)

Question 5

What determines the length of a trespass warning?

Answer 5

Severity of offence and frequency