Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 260

    (1)     A strip search of a young detainee must be conducted—

        (a)     by a youth detention officer of the same sex as the young detainee; and

        (b)     in the presence of 1 or more other youth detention officers, each of whom must be the same sex as the young detainee.

    (2)     However, the number of youth detention officers present during the search must be no more than is necessary and reasonable to ensure the search is carried out as safely and effectively as possible.

    (3)     The youth detention officer conducting the search may direct another youth detention officer mentioned in subsection (1) (b) to provide assistance that the conducting officer believes on reasonable grounds is necessary and reasonable for the search.

    (4)     The requirement in subsection (1) (b) that a youth detention officer be the same sex as the young detainee does not apply if the director-general believes on reasonable grounds that—

        (a)     there is an imminent and serious threat to the personal safety of the young detainee; and

        (b)     compliance with the requirement would exacerbate the threat.