Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts50. (1) Subject to this section, where a manager believes on reasonable grounds that it is necessary to do so—
(a) to maintain the good order, discipline or security of a detention centre; or
(b) for the welfare or discipline of a detainee;
he or she may carry out, or direct another officer to carry out, a search of a detainee, or of the clothing that is being worn by, or property in the apparent control of, the detainee.
(2) A body search—
(a) shall be conducted in a private area;
(b) subject to subsection (3), shall be conducted, by a manager or custodial officer who is of the same sex as the detainee;
(c) subject to subsection (4), shall not be conducted, in the presence or view of a person who is of the opposite sex to the detainee;
(d) shall not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and
(e) shall not involve a search of a person's body cavities.
(3) A body search may be conducted by a manager or custodial officer of the opposite sex to the detainee if a manager or custodial officer of the same sex as the detainee is not available within a reasonable time.
(4) A body search may be conducted in the presence of a medical practitioner or nurse of the opposite sex to the detainee if a medical practitioner or nurse of the same sex as the detainee is not available within a reasonable time.
(5) If any of the detainee's garments are seized as a result of a body search, the detainee shall be provided with adequate clothing.
(6) The regulations may make provision in relation to the conduct of searches carried out under subsection (1).
(7) In this section—
(a) all of his or her garments; or
(b) some of his or her garments (not being an overcoat, a coat or jacket or any gloves, headwear or footwear);
for the purpose of an examination of any part of the detainee's body (but not of the detainee's body cavities) and of those garments.