Australian Capital Territory Numbered Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 2008) - SECT 600

Strip searches—second therapeutic protection person must be present

    (1)     A strip search of a child or young person must be conducted—

        (a)     by a therapeutic protection person of the same sex as the child or young person; and

        (b)     in the presence of 1 or more other therapeutic protection people, each of whom must be the same sex as the child or young person.

    (2)     However, the number of therapeutic protection people present during the search must be no more than is necessary and reasonable to ensure the search is conducted as safely and effectively as possible.

    (3)     The person conducting the search may direct someone else mentioned in subsection (1) (b) to provide the assistance that the person believes on reasonable grounds is necessary and reasonable for the search.

    (4)     The requirement in subsection (1) (b) that a person be the same sex as the child or young person does not apply if the operating entity for the therapeutic protection place believes on reasonable grounds that—

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

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



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