Criminal Code Act 1899

A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) if—

the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and

the person’s conduct is reasonable in the circumstances for the performance of the duties.

A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) in relation to an intimate image or an observation or visual recording of another person who is in lawful custody or subject to a supervision order if—

the person is, at the time of the offence, acting in the course of the person’s duties in relation to the other person’s lawful custody or supervision order; and

the person’s conduct is reasonable in the circumstances for the performance of the duties.Examples of conduct that may be reasonable for the performance of duties—

• the observation of a person for the safety of the person or another person

• the observation of a person providing a urine sample for a drug test

In this section—lawful custody includes detention under the Mental Health Act 2016 in—

an authorised mental health service or a high security unit within the meaning of that Act; or

the forensic disability service within the meaning of the Forensic Disability Act 2011.

supervision order, for a person, means an order under an Act or a law of the Commonwealth or another State or made by an Australian court that subjects the person to supervision including, for example, the following orders—

a community based order, or drug and alcohol treatment order, under the Penalties and Sentences Act 1992;

a community based order or supervised release order under the Youth Justice Act 1992;

a parole order under the Corrective Services Act 2006;

a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

sch 1 pt 4 ch 22 s 227C ins 2005 No. 70 s 55