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CORRECTIONS MANAGEMENT ACT 2007 - SECT 115 Strip searches—general rules

CORRECTIONS MANAGEMENT ACT 2007 - SECT 115

Strip searches—general rules

    (1)     A strip search must be conducted in a private area or an area that provides reasonable privacy for the detainee being searched.

    (2)     The search must not be conducted

        (a)     in the presence of someone of the opposite sex to the detainee; or

        (b)     in the presence or sight of someone else whose presence is not necessary for the search or the safety of everyone present.

    (3)     The search must not involve—

        (a)     the removal from the detainee of more clothes than is necessary and reasonable to conduct the search; or

        (b)     the removal from the detainee of more clothes at any time than is necessary and reasonable to conduct the search; or

        (c)     without limiting paragraph (b), both the upper and lower parts of the person's body being uncovered at the same time.

    (4)     Subject to section 126 (Searches—use of force), the search must not involve any touching of the detainee's body by a corrections officer.

    (5)     Each corrections officer present during the search must ensure, as far as practicable, that—

        (a)     the search is done in a way that minimises embarrassment for the detainee; and

        (b)     the search is done quickly; and

        (c)     the detainee is allowed to dress in private immediately after the search is finished.

    (6)     If clothing from a detainee is seized during a strip search, the director-general must ensure that the detainee is left with, or given, appropriate clothing to wear.