Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 38
Protection from liability for acts done by detection dogs
38 Protection from liability for acts done by detection dogs
(1) This section applies if— (a) the handler of a detection dog is using the
detection dog to carry out detection; and
(b) the detection dog— (i)
physically intrudes onto a person or the clothing of a person, or otherwise
comes into contact with a person, while the detection dog is carrying out the
detection; or
(ii) causes damage to a thing that has in or on it an unlawful
dangerous drug or explosives or firearms.
(2) The handler does not incur
civil liability for an act done, or omission made, honestly and without
negligence, in the circumstances to which this section applies.
(3) The State
does not incur civil liability in the circumstances to which this section
applies— (a) for an act done by the detection dog; or
(b) for an act or
omission of the handler.
(4) However, if— (a) the act of the detection dog;
or
(b) the act or omission of the handler;
causes bodily harm to a person and
subsection (2) prevents civil liability attaching to the handler, the civil
liability attaches instead to the State.
(5) The handler is not criminally
responsible for an act done by the detection dog in the circumstances to which
this section applies other than for an attack by the detection dog on a person
intentionally caused by the handler or for which the handler is criminally
responsible under the Criminal Code , section 289 .
(6) This section does not
prevent the State or the handler from relying on another provision of an Act
to limit civil liability or criminal responsibility. Examples of other Acts
that may limit civil liability or criminal responsibility— †¢ Civil
Liability Act 2003
• Criminal Code , sections 25 , 271 , 272 and 273
â€
¢ Police Service Administration Act 1990 , section 10 . 5
(7) In this
section—
"bodily harm" includes physical injury, grievous bodily harm, and death, but
does not include mental, psychological or emotional harm.
"detection" means drug detection under section 35 (1) or explosives detection
under section 35 (2) .
"handler" , of a detection dog, includes a police officer helping the handler
of the detection dog.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback