Corrections Act 1997

In this section – detector dog means a dog that has been, or is being, trained by a State or Commonwealth law enforcement agency to detect particular substances or items; detector dog handler means a person whose duties, whether as a police officer, correctional officer or otherwise, include the handling of a detector dog; search means – a formal search carried out by a correctional officer under section 20; or a search or examination, or search and examination, carried out by a correctional officer or State Service corrections employee pursuant to an order of the Director given under section 22.

A correctional officer or State Service corrections employee who is carrying out a search may be accompanied and assisted by – a detector dog; and whether or not the officer or employee is a detector dog handler, a detector dog handler.

If subsection (2) applies, the detector dog may be used in such manner as the persons carrying out or assisting with the search think fit having regard to the nature of the search and the specific capabilities of the detector dog.

A person must not, without lawful excuse, do anything that is likely to impede or interfere with the effective use of a detector dog in a search. Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.

To avoid doubt, it is immaterial for the purposes of subsection (4) whether the impeding or interference occurs during the relevant search or at any time before the relevant search.

A person must not, without lawful excuse, strike, injure, maim or kill a detector dog that accompanies and assists a correctional officer or State Service corrections employee in carrying out a search. Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.

To avoid doubt, it is immaterial for the purposes of subsection (6) whether the striking, injuring, maiming or killing occurs during the relevant search or immediately before or immediately after the relevant search.

Neither the Crown nor any correctional officer, State Service corrections employee or detector dog handler is liable to any action, liability, claim or demand merely because a detector dog – entered or was present at a prison; or initiated or inadvertently made contact with a prisoner, detainee, visitor or other person; or initiated or inadvertently made contact with anything in a prisoner's, detainee's, visitor's or other person's possession.