Victorian Consolidated Legislation

Corrections Act 1986 - SECT 45

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45. Search



(1) The Governor of a prison may for the security or good order of the prison
or the prisoners at any time order a prison officer to-

   (a)  search any part of the prison; or

   (b)  search and examine any person in the prison other than a judge of the
        Supreme Court or County Court, or a magistrate; or

   (c)  search and examine any thing in the prison; or

   (d)  as well as the formal search required by section 44, require a person
        wishing to enter a prison (other than a judge of the Supreme Court or
        County Court or a magistrate) to submit to search and examination of
        the person and of any thing in the person's possession or under the
        person's control; or

   (e)  conduct any search under paragraph (a), (b), (c) or (d) at random.



(2) If the Governor of a prison outside the metropolitan area believes on
reasonable grounds that, by reason of any activity outside but near the
prison, the security or good order of the prison or the prisoners is
threatened, the Governor may order a prison officer to search and examine any
thing outside but near the prison and to require a person outside but near the
prison to submit to a search.

(3) If a person, other than a prisoner or a prison officer, refuses to submit
to be searched under this section while inside the prison the Governor may
order the person to leave the prison immediately.



(4) A person who disobeys a Governor's order under subsection (3) is guilty of
an offence.

Penalty: 5 penalty units.

(5) A prison officer may, if necessary, use reasonable force to compel a
person to obey an order to leave the prison.

(6) A prison officer is not liable for injury or damage caused in carrying out
searches in accordance with this section.

(7) The Governor may at any time make an order terminating a search under this
section.

(8) In this section and sections 44 and 46-

metropolitan area means an area within the radius of 30 kilometres from the
general post office at the corner of Elizabeth Street and Bourke Street; and

prison includes a place where prisoners are.