Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 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 chief executive must ensure that the strip search is conducted in the presence of someone (a "support person") who—

        (a)     the chief executive 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 chief executive 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 chief executive directs the support person to leave under section 256 (2).