Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 246

In this chapter:

"body search", of a young detainee, means a search of the young detainee's body, including an examination of an orifice or cavity of the young detainee's body.

"frisk search", of a young detainee, means—

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

        (b)     an examination of anything worn or carried by the young detainee that is conveniently and voluntarily removed by the young detainee.

"non-treating doctor" means a doctor authorised under section 98 (Health practitioners—non-treating functions).

"non-treating nurse" means a nurse authorised under section 98.

"ordinary search", of a young detainee, means a search of the young detainee or of anything in the young detainee's possession, and may include—

        (a)     requiring the young detainee to remove only the young detainee's overcoat, coat, jacket or a similar article of clothing and any footwear, gloves, or headwear; and

        (b)     an examination of anything removed.

"privileged—"material is privileged if––

        (a)     client legal privilege attaches to it; or

        (b)     it includes a protected confidence under the Evidence (Miscellaneous Provisions) Act 1991

, division 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications).

"prohibited thing" means a thing declared to be a prohibited thing under section 148.

"scanning search", of a young detainee, means a search of the young detainee by electronic or other means that does not require the young detainee to remove the young detainee's clothing or be touched by someone else.

Examples—scanning searches

1     passing a portable electronic or other device over or close to a young detainee

2     requiring a young detainee to pass by or through an electronic or other device

"strip search", of a young detainee, means a search of the young detainee, or of anything in the young detainee's possession, under section 254 (Strip searches on admission to detention place) or section 258 (Strip searches directed by director-general) and may include—

        (a)     requiring the young detainee to remove all of the young detainee's clothing; and

        (b)     an examination of—

              (i)     the young detainee's body (but not the young detainee's body orifices or cavities); and

              (ii)     the young detainee's clothing.