CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 115
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 115
115 . Child may be searched
(1) An authorised
person may search a child, and any thing found on or with the child, for any
thing or substance that can be seized under section 116.
(2) The search of a
child must be done —
(a) by
an authorised person, or a person designated under subsection (3); and
(b) in
the presence of at least one other adult.
(3) If it is
reasonably necessary in order to do the search, an authorised person may
designate another person to do the search or to assist in doing the search.
(3A) In determining
the appropriateness of a person to do the search or assist in doing the search
—
(a) if
there is no reason to suspect that the child is transgender or intersex
— the person must be of the same sex as the child; and
(b) in
any other case, consideration must be given to —
(i)
whether the child and the person identify as male,
female, transgender or intersex; and
(ii)
the views of the child (taking into account the maturity
and understanding of the child); and
(iii)
any known views of a member of the child’s family
or other person who is significant in the child’s life.
(4) A person
designated under subsection (3) —
(a) may
do the search or assist in doing the search; and
(b) must
obey any lawful and reasonable direction of the authorised person.
(5) Nothing in this
section authorises a search that involves —
(a) the
removal of some or all of a child’s clothing; or
(b) an
examination of the body cavities of a child.
[Section 115 amended: No. 49 of 2010 s. 84; No. 18
of 2021 s. 50.]