Western Australian Current Acts Western Australian Current Acts (1) In this section
—
medical practitioner means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the medical profession;
registered nurse means a person registered under
the Health Practitioner Regulation National Law (Western Australia) in the
nursing profession whose name is entered on Division 1 of the Register of
Nurses kept under that Law as a registered nurse.
(2) A police officer
cannot carry out a search of a person under this Division unless of the same
sex as the person searched.
(3) If a police
officer is uncertain as to the sex of a person to be searched —
(a) the
police officer must ask the person to advise whether a male or female should
carry out the search and must act in accordance with the answer; and
(b) in
the absence of an answer, the person is to be treated as if of the sex that
the person outwardly appears to the police officer to be.
(4) If a police
officer of the same sex as the person to be searched is not immediately
available to carry out the search, another police officer may —
(a)
cause the search to be carried out, under the direction of a police officer,
by another person of the same sex as the person to be searched; or
(b)
detain the person for as long as is reasonably necessary for the person to be
searched in accordance with this section; or
(c)
convey or conduct the person to a place where the person can be searched in
accordance with this section.
(5) Nothing in this
Division authorises a search by way of an examination of the body cavities of
a person unless it is carried out under subsection (7) by a medical
practitioner or a registered nurse.
(6) A police officer
may arrange for a medical practitioner or registered nurse nominated by the
police officer to examine the body cavities of the person to be searched and
may —
(a)
detain the person until the arrival of that medical practitioner or registered
nurse; or
(b)
convey or conduct the person to that medical practitioner or registered nurse.
(7) A medical
practitioner or registered nurse may carry out an examination arranged by a
police officer under subsection (6) and no action or proceeding, civil or
criminal, lies against the medical practitioner or registered nurse in respect
of anything reasonably done for the purposes of the examination.
(8) When performing a
function under this section, a police officer or other person may —
(a) use
any force that is reasonably necessary in the circumstances —
(i)
to perform the function; and
(ii)
to overcome any resistance to performing the function
that is offered, or that the person exercising the power reasonably suspects
will be offered, by any person;
and
(b) call
on any assistance necessary in order to perform the function.
[Section 54 inserted: No. 78 of 2003 s. 17;
amended: No. 50 of 2006 Sch. 3 cl. 4; No. 22 of 2008 Sch. 3 cl. 11; No. 35 of
2010 s. 48; No. 4 of 2018 s. 105.]