Western Australian Current Acts Western Australian Current Acts (1) A police officer
cannot carry out a search of a person under this Part unless of the same sex
as the person searched.
(2) 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.
(3) Nothing in this
Part authorises a search by way of an examination of the body cavities of a
person unless it is carried out under subsection (5) by a medical practitioner
or a registered nurse.
(4) 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.
(5) A medical
practitioner or registered nurse may carry out an examination arranged by a
police officer under subsection (4) and no action lies against the medical
practitioner or registered nurse in respect of anything reasonably done for
the purposes of the examination.
(6) A police officer
may use any force that is reasonably necessary, and may call on any assistance
necessary, in order to perform a function under this section.
(7) In this section
—
medical practitioner means a person who is
registered under the Health Practitioner Regulation National Law (Western
Australia) in the medical profession;
registered nurse means a person who is 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.
[Section 29 amended: No. 50 of 2006 Sch. 3 cl. 18;
No. 22 of 2008 Sch. 3 cl. 48; No. 35 of 2010 s. 139; No. 4 of 2018 s. 116.]