Searches of people, conduct of
54 Searches of people, conduct of
In this section —
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
registered nurse means a person 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.
A police officer cannot carry out a search of a person under this Division unless of the same sex as the person searched.
If a police officer is uncertain as to the sex of a person to be searched —
the police officer must ask the person to advise whether a male or female should carry out the search and must act in accordance with the answer; and
in the absence of an answer, the person is to be treated as if of the sex that the person outwardly appears to the police officer to be.
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 —
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
detain the person for as long as is reasonably necessary for the person to be searched in accordance with this section; or
convey or conduct the person to a place where the person can be searched in accordance with this section.
Nothing in this Division authorises a search by way of an examination of the body cavities of a person unless it is carried out under subsection (7) by a medical practitioner or a registered nurse.
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 —
detain the person until the arrival of that medical practitioner or registered nurse; or
convey or conduct the person to that medical practitioner or registered nurse.
A medical practitioner or registered nurse may carry out an examination arranged by a police officer under subsection (6) and no action or proceeding, civil or criminal, lies against the medical practitioner or registered nurse in respect of anything reasonably done for the purposes of the examination.
When performing a function under this section, a police officer or other person may —
use any force that is reasonably necessary in the circumstances —
to perform the function; and
to overcome any resistance to performing the function that is offered, or that the person exercising the power reasonably suspects will be offered, by any person;
and
call on any assistance necessary in order to perform the function.
[Section 54 inserted: No. 78 of 2003 s. 17; amended: No. 50 of 2006 Sch. 3 cl. 4; No. 22 of 2008 Sch. 3 cl. 11; No. 35 of 2010 s. 48; No. 4 of 2018 s. 105.]
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