Western Australian Current Acts Western Australian Current Acts (1) An authorised
officer may enforce a test order.
(2) For the purposes
of enforcing a test order, an authorised officer may request the assistance of
a police officer.
(3) An authorised
officer or police officer may use reasonable force to enforce a test order,
including, if necessary —
(a) to
apprehend the person to be tested under the order (the relevant person ) and
detain the relevant person for as long as is reasonably necessary to enable
the test order to be carried out; and
(b) to
take the relevant person to the place where the test order is to be carried
out; and
(c) to
restrain the relevant person to enable the sample that is the subject of the
test order to be obtained or taken in accordance with section 110; and
(d) to
remove anything (including underwear) that the relevant person is wearing, if
—
(i)
the removal of the thing is reasonably necessary to
enable the sample that is the subject of the test order to be obtained or
taken; and
(ii)
the relevant person is given a reasonable opportunity to
remove the thing himself or herself, and refuses or fails to do so.
(4) Without limiting
subsection (3), the force that an authorised officer or police officer may use
to enforce a test order includes any force that it is reasonably necessary to
use in the circumstances to overcome any resistance to the enforcement of the
test order (including the obtaining or taking of the sample that is the
subject of the order) that is offered by the relevant person, or that the
authorised officer or police officer reasonably suspects will be offered by
the relevant person.
(5) If any action
taken under subsection (3) involves the removal of an item of clothing —
(a) it
must be done with decency and sensitivity and in a manner that gives to the
relevant person the degree of privacy and dignity that is consistent with
carrying out the test order; and
(b) the
authorised officer or police officer taking the action and any other person
present while it is done (excluding the person who is obtaining or taking the
sample that is the subject of the test order) must, if practicable, be of the
same gender as the relevant person; and
(c) the
number of people present while it is done (excluding a person who is present
under paragraph (d)) must be no more than is reasonably necessary to ensure
that the test order is carried out effectively and to ensure the safety of all
present; and
(d) if
the relevant person is a protected person, it must, if practicable, be done in
the presence of a responsible person or some other person who can provide the
protected person with support and represent his or her interests.