CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 266 People present at body searches
CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 266
People present at body searches(1) A non-treating nurse must be present during the body search of a young detainee.
(2) If the non-treating doctor conducting the body search is not the same sex as the young detainee, the non-treating nurse present must be the same sex as the young detainee.
Note If the doctor is not the same sex as the young detainee, the doctor cannot touch the young detainee or examine the young detainee's body orifices (see s 272).
(3) The director-general may direct 1 or more youth detention officers to be present during the search, each of whom must be the same sex as the young detainee.
(4) However, the number of youth detention officers present during the search must be no more than is necessary and reasonable to ensure the search is conducted as safely and effectively as possible.
(5) The requirement in subsection (3) that a youth detention officer be the same sex as the young detainee does not apply if the director-general believes on reasonable grounds that—
(a) there is an imminent and serious threat to the personal safety of the young detainee; and
(b) compliance with the requirement would exacerbate the threat.
(6) If the young detainee is under 18 years old, the search must be conducted in the presence of a person who has daily care responsibility, or long-term care responsibility, for the young detainee if—
(a) the director-general believes that it is necessary, and in the best interests of the young detainee, for the person to be present; and
(b) the young detainee agrees to the person being present.
(7) In making a decision under subsection (6), the director-general must have regard to the young detainee's age, maturity, developmental capacity and any known history.
(8) If the young detainee is 18 years old or older, 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 director-general considers the presence of a support person necessary or desirable because of the young detainee's vulnerability; and
(b) the young detainee agrees to the person being present.