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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.