78Use of dogs in maintaining good order and security

#### 78 Use of dogs in maintaining good order and security 78 Use of dogs in maintaining good order and security > > (1) With the approval of the governor of a correctional centre, a correctional officer may use a dog to assist in maintaining the good order and security of the correctional centre and any correctional complex of which the correctional centre forms part. > > > (2) Without limiting subsection (1), such an approval may be given to the use of a dog for any of the following purposes— > > > > > (a) the carrying out of searches within a correctional centre or correctional complex for any reason, > > > > > (b) the tracking of an escaped inmate, > > > > > (c) the escorting of inmates while they are being moved from one place to another, > > > > > (d) the disarming of inmates, > > > > > (e) the patrolling of correctional centres and correctional complexes, > > > > > (f) the assisting of a police officer in the execution of the police officer’s functions. > > > (3) At the request of the Secretary of the Department of Justice, a correctional officer may use a dog to assist in the detection of drugs in a detention centre within the meaning of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057). > > > (4) A correctional officer is not personally liable for injury or damage caused by the use of a dog that is under the correctional officer’s control if that use was in accordance with the governor’s approval. > > > (5) Subsection (4) does not apply if injury or damage occurs as a result of anything commanded to be done by a correctional officer maliciously and without reasonable and probable cause. > > > (6) This section applies to a person employed as a custodian of inmates by the management company for a managed correctional centre in the same way as it applies to a correctional officer. > > > (7) Nothing in this section limits the power of a correctional officer to use a dog under any other Act or law. > > **s 78:** Am 2002 No 36, Sch 1 \[2\]; 2015 No 15, Sch 3.16 \[3\].