Provisions about searching person
29 Provisions about searching person
A police officer cannot carry out a search of a person under this Part unless of the same sex as the person searched.
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 Part authorises a search by way of an examination of the body cavities of a person unless it is carried out under subsection (5) 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 (4) and no action lies against the medical practitioner or registered nurse in respect of anything reasonably done for the purposes of the examination.
A police officer may use any force that is reasonably necessary, and may call on any assistance necessary, in order to perform a function under this section.
In this section —
medical practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
registered nurse means a person who is 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.
[Section 29 amended: No. 50 of 2006 Sch. 3 cl. 18; No. 22 of 2008 Sch. 3 cl. 48; No. 35 of 2010 s. 139; No. 4 of 2018 s. 116.]
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