Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 255

    (1)     This section applies to a strip search to which section 254 (2) applies if—

        (a)     a person who has daily care responsibility, or long-term care responsibility, for the young detainee cannot be contacted before the search is conducted; or

Note     For a requirement to contact a person with parental responsibility, see s 251.

        (b)     no-one who has daily care responsibility, or long-term care responsibility, for the young detainee is available to be present at the search; or

        (c)     the young detainee does not agree to a person who has daily care responsibility, or long-term care responsibility, for the young detainee being present at the search.

    (2)     The director-general must ensure that the strip search is conducted in the presence of someone (a "support person") who—

        (a)     the director-general believes on reasonable grounds can support and represent the interests of the young detainee; and

        (b)     the young detainee agrees should be present at the search.

Note     In some circumstances the director-general is a person who has daily care responsibility, or long-term care responsibility, for a young detainee (see div 1.3.2).

    (3)     However, the strip search may continue in the absence of a support person if—

        (a)     the young detainee does not agree to a support person being present; or

        (b)     the director-general directs the support person to leave under section 256 (2).