Western Australian Current Acts Western Australian Current Acts (1) In this section
—
drugs search means —
(a) a
search of a prisoner; or
(b) a
search in a prison or in premises or a place near a prison; or
(c) a
search of a vehicle in or near a prison; or
(d) a
search under section 49,
where the purpose of the search is to detect
whether drugs are or have been present;
prison dog means a dog approved in accordance with
the regulations for use by a prison officer in carrying out drugs searches.
(2) A prison officer
may, in a manner authorised under the regulations, use a prison dog to assist
the prison officer in carrying out a drugs search.
(3) A person who
—
(a)
assaults; or
(b)
hinders or obstructs,
a prison dog under the
control of a prison officer carrying out a drugs search is to be deemed to
have assaulted, or to have hindered or obstructed, the prison officer handling
the dog.
(4) A prison dog under
the control of a prison officer may enter, and be in, any place that the
prison officer may lawfully enter or be in while carrying out a drugs search,
and no liability shall arise by reason only that the prison dog entered or was
in that place, notwithstanding any other law.
(5) Without limiting
the generality of section 111, a prison officer is not personally liable for
injury or damage caused by the use of a prison dog under the control of the
prison officer in carrying out a drugs search, if that use was in accordance
with this Act.
(6) Subsection (5)
does not apply if injury or damage occurs as a result of anything commanded or
permitted by the prison officer maliciously and without reasonable and
probable cause.
[Section 49A inserted: No. 19 of 1995 s. 5.]