CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 482A Definitions

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 482A

In this Part—

S. 482A def. of acknowledge-ment of sex application inserted by No. 25/2019 s. 22.

"acknowledgement of sex application" means an application—

        (a)     under section 30A, 30B, 30E or 30EA of the Births, Deaths and Marriages Registration Act 1996 ; or

        (b)     under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

"approved dog" means a dog approved in accordance with the regulations for use by an officer;

S. 482A def. of detainee amended by No. 55/2014 s. 137.

"detainee" means a person detained in a youth justice facility, including a person detained under an order made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and a person detained under a preventative detention order (within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ) or an order for his or her detention made under a corresponding preventative detention law (within the meaning of that Part);

S. 482A def. of formal search repealed by No. 29/2014 s. 9(a).

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S. 482A def. of frisk search substituted by No. 29/2014 s. 9(b).

"frisk search" means a search of a person or of things in the possession or under the control of a person, other than a search conducted by use of an electronic or mechanical device, including—

        (a)     a search of a person conducted by quickly running the hands over the person's outer clothing; and

        (b)     for the purposes of paragraph (a), requiring the person to remove—

              (i)     his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and

              (ii)     anything else that is conveniently removed by the person;

"officer" means any person employed or engaged in a youth justice facility with duties in relation to ensuring the security or good order of the facility or the safety and security of any detainee in the facility;

"officer in charge" means the officer in charge of Victorian Youth Justice Custodial Services in the Department;

S. 482A def. of Registrar inserted by No. 25/2019 s. 22.

"Registrar" means—

        (a)     the Victorian Registrar; or

        (b)     an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;

S. 482A def. of screening search inserted by No. 29/2014 s. 9(c).

"screening search" means a search of a person or of things in the possession or under the control of a person to detect the presence of unauthorised items, other than a search that may involve bodily contact, including—

        (a)     a search of a person conducted by passing or placing an electronic or mechanical device over, on or in close proximity to the person's outer clothing; and

        (b)     an examination (including an examination conducted by passing or placing an electronic or mechanical device over, on or in close proximity) of anything worn or carried by the person, including requiring the person to remove—

              (i)     his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and

              (ii)     anything else that is conveniently removed by the person; and

        (c)     a search conducted with the assistance of an approved dog;

"seizure register" means the register maintained under section 488F ;

S. 482A def. of unauthorised item inserted by No. 29/2014 s. 9(c).

unauthorised item means any article or thing that may jeopardise the security of the youth justice facility or the safety of persons in the youth justice facility, including an article or thing referred to in section 488AD(3)(a);

S. 482A def. of strip search amended as unclothed search by No. 29/2014 s. 9(d).

"unclothed search "means a search of a person or of things in the possession or under the control of a person that may include—

        (a)     requiring the person to remove all of his or her clothes; and

        (b)     an examination of the person's body (but not of the person's body cavities) and of those clothes;

S. 482A def. of Victorian Registrar inserted by No. 25/2019 s. 22.

"Victorian Registrar" means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996 ;

"visitor" means any person, other than a detainee or an officer, who enters, leaves or remains in a youth justice facility;

"youth justice facility" means a remand centre, a youth residential centre, a youth justice centre or a youth justice unit.

S. 482B inserted by No. 54/2011 s. 4.