Australian Capital Territory Numbered Acts

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CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 124

Searches of detainee cells—suspected legally privileged material

    (1)     If a corrections officer suspects, on reasonable grounds, that a detainee's cell contains legally privileged material, the officer may search the cell only if the detainee is present.

    (2)     A search under subsection (1) may include an examination of any legally privileged material, and anything containing the material, found in the cell.

    (3)     However, the officer may not read any legally privileged material found in the cell unless the detainee is present and—

        (a)     the detainee consents to the officer reading the material; or

        (b)     the officer suspects, on reasonable grounds, that the material contains information that—

              (i)     may threaten security or good order at a correctional centre; or

              (ii)     relates to an offence or disciplinary breach.

    (4)     The officer need not comply with subsection (1) or (3) if the officer believes, on reasonable grounds, that urgent circumstances exist and that complying with the subsection would create a risk of injury to the officer, the detainee or anyone else.

    (5)     The chief executive must ensure that a record of action under subsection (4) is made and entered in the register of detainees.



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