Police Powers and Responsibilities Act 2000

This section applies if—

the handler of a detection dog is using the detection dog to carry out detection; and

the detection dog—

physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or

causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.

The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies.

The State does not incur civil liability in the circumstances to which this section applies—

for an act done by the detection dog; or

for an act or omission of the handler.

However, if—

the act of the detection dog; or

the act or omission of the handler;

The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code, section 289.

This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility.Examples of other Acts that may limit civil liability or criminal responsibility—

In this section—bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm.detection means drug detection under section 35(1) or explosives detection under section 35(2).handler, of a detection dog, includes a police officer helping the handler of the detection dog.