CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 254 Strip searches on admission to detention place

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 254

    (1)     The director-general may direct a youth detention officer to strip search a young detainee if the director-general believes on reasonable grounds that the strip search is necessary for an initial assessment under section 160 (Initial assessment).

    (2)     The strip search must be conducted in the presence of a person with daily care responsibility, or long-term care responsibility, for the young detainee if—

        (a)     the young detainee is under 18 years old; and

        (b)     the director-general believes on reasonable grounds that it is necessary, and in the best interests of the young detainee, for the person to be present; and

        (c)     the young detainee agrees to the person being present.

    (3)     The director-general may arrange for the search to be conducted in the presence of a support person for the young detainee if—

        (a)     the young detainee is 18 years old or older; and

        (b)     the director-general considers the presence of a support person necessary or desirable because of the young detainee's vulnerability; and

        (c)     the young detainee agrees to the person being present.

    (4)     In making a decision under subsection (1) or (2), the director-general must have regard to the young detainee's age, maturity, developmental capacity and any known history.