73Use of force

73 Use of force

(1) Subject to subsection (2), a police officer may use such force as is reasonably necessary when—

(a) exercising the transport power; or

(b) searching a child under section 75; or

(c) seizing a thing under section 76.

(2) Before using force under subsection (1), a police officer must to the extent reasonably practicable in the circumstances—

(a) use all other de-escalation techniques that are available; and

(b) give an oral warning to the child that the police officer will use force if the child does not comply; and

(c) if it is safe to do so, give the child a reasonable time to comply with the warning.

(3) For the purposes of subsection (1)—

(a) the use of force must be proportionate; and

(b) the use of force must immediately cease once it is no longer necessary; and

(c) the police officer using force in relation to the child must—

(ii) continuously assess the need for and manner of use of that force, and modify the use of force as required; and

(d) the following physical restraint techniques are prohibited—

(i) techniques for the purpose of restraining, restricting or inhibiting the child's respiratory or digestive functions;

(ii) techniques for the purpose of inflicting pain to compel compliance, including by the hyperextension of joints or applying pressure to the child's chest or joints;

(iii) any other prescribed physical restraint techniques; and

(e) to the extent reasonably practicable in the circumstances, a police officer must avoid causing pain, injury or fear and must reasonably adapt the use of force if the child appears to be in pain, injured or fearful; and

(f) to the extent known and reasonably practicable in the circumstances, in using force on the child, a police officer must have regard to the child's physical stature and individual characteristics and background, including the following—

(i) age, maturity and stage of development;

(ii) gender;

(iii) cultural background or status as Aboriginal or Torres Strait Islander;

(iv) physical and mental health;

(v) disability;

(4) A police officer may only use the following instruments of restraint to restrain a child under this section—

(a) handcuffs (including disposable handcuffs, flex cuffs or handcuff inserts);

(b) an instrument of restraint (other than a spit hood) prescribed for the purposes of this section.

(5) If an instrument of restraint is used to restrain a child under this section the child must be closely supervised while subject to the restraint.