sec.38Protection from liability for acts done by detection dogs

### sec.38 Protection from liability for acts done by detection dogs 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; causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State. 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. Civil Liability Act 2003 Criminal Code , sections 25 , 271 , 272 and 273 Police Service Administration Act 1990 , section 10 0.5 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. s 38 ins 2005 No. 63 s 4 amd 2013 No. 46 s 82 (sec.38-ssec.1) 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. (sec.38-ssec.2) 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. (sec.38-ssec.3) 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. (sec.38-ssec.4) However, if— the act of the detection dog; or the act or omission of the handler; causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State. (sec.38-ssec.5) 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 . (sec.38-ssec.6) 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. Civil Liability Act 2003 Criminal Code , sections 25 , 271 , 272 and 273 Police Service Administration Act 1990 , section 10 0.5 (sec.38-ssec.7) 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. - (a) the handler of a detection dog is using the detection dog to carry out detection; and - (b) the detection dog— (i) 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 (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms. - (i) 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 - (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms. - (i) 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 - (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms. - (a) for an act done by the detection dog; or - (b) for an act or omission of the handler. - (a) the act of the detection dog; or - (b) the act or omission of the handler; - • Civil Liability Act 2003 - • Criminal Code , sections 25 , 271 , 272 and 273 - • Police Service Administration Act 1990 , section 10 0.5