Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 261

    (1)     The youth detention officer conducting a strip search of a young detainee must conduct the strip search—

        (a)     in a way that—

              (i)     provides reasonable privacy for the young detainee; and

              (ii)     is appropriate, having regard as far as practicable, to the young detainee's sexuality and any known impairment, condition or history; and

        (b)     as quickly as practicable.

    (2)     The strip search must be conducted in a private area or an area that provides reasonable privacy for the young detainee.

    (3)     The strip search must not be conducted—

        (a)     in the presence of someone of the opposite sex to the young detainee, other than—

              (i)     a person present under section 254 (2) or (3) (Strip searches on admission to detention place) or section 255 (Strip searches of young detainees under 18 years old—no-one with parental responsibility available); or

              (ii)     another youth detention officer present under section 260 (4); or

        (b)     in the presence or sight of someone else whose presence is not necessary for the search or for the safety of anyone present.

    (4)     Subject to part 7.8 (Searches––use of force), the strip search must not involve any touching of the young detainee's body by a youth detention officer.