CORRECTIVE SERVICES ACT 2006 - SECT 39
Body search of particular prisoner
CORRECTIVE SERVICES ACT 2006 - SECT 39
Body search of particular prisoner
39 Body search of particular prisoner
(1) The chief executive may authorise a health practitioner to conduct a body
search of a prisoner if the chief executive reasonably believes—
(a) the
prisoner has ingested something that may jeopardise the prisoner’s health or
wellbeing; or
(b) the prisoner has a prohibited thing concealed within his or
her person that may potentially be used in a way that may pose a risk to the
security or good order of the facility; or
(c) the search may reveal evidence
of the commission of an offence or breach of discipline by the prisoner.
(2)
Two health practitioners must be present during the body search, and at least
1 of the health practitioners must be of the same sex as the prisoner.
(3) If
the health practitioner reasonably requires help to conduct the body search,
the health practitioner may ask another person to help the health
practitioner.
(4) Except in an emergency, the other person must be of the
same sex as the prisoner.
(5) The health practitioner may seize anything
discovered during the body search if—
(a) seizing the thing would not be
likely to cause grievous bodily harm to the prisoner; and
(b) the health
practitioner reasonably believes the thing may be evidence of the commission
of an offence or breach of discipline by the prisoner.
(6) The health
practitioner must give a seized thing to a corrective services officer as soon
as practicable after seizing it.