Australian Capital Territory Numbered Acts

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CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 111

Scanning, frisk and ordinary searches—directions

    (1)     The chief executive may, at any time, direct a corrections officer to conduct a scanning search, frisk search or ordinary search of a detainee, another corrections officer or anyone else working at or visiting a correctional centre if the chief executive believes, on reasonable grounds, that it is prudent to conduct the search to protect—

        (a)     the safety of anyone at a correctional centre; or

        (b)     security or good order at a correctional centre.

Examples of other people working at correctional centre

counsellors, psychologists, maintenance workers and volunteers

Examples of searches

1     searching a detainee returning to a correctional centre after performing community service

2     searching a corrections officer reporting for work

3     searching a person engaged to provide an educational program at a correctional centre when the person arrives at, or returns to, the centre

4     searching a detainee returning to the detainee's accommodation at a correctional centre after working in another part of the centre

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     Also, a corrections officer may conduct a scanning search, frisk search or ordinary search of a detainee if the officer suspects, on reasonable grounds, that the detainee is carrying—

        (a)     a prohibited thing; or

        (b)     anything else that creates, or is likely to create, a risk to—

              (i)     the personal safety of the detainee or anyone else; or

              (ii)     security or good order at a correctional centre.

Note     Section 126 provides for the use of force to carry out searches under this part.



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