New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 11A

11A Searching of detainees

(1) For the purpose of ensuring the security, safety and good order of a detention centre, a juvenile justice officer may--

(a) search a detainee, and

(b) search a detainee's room and any property in the room.

(2) A search of a detainee may be conducted by the following means only--

(a) running a hand-held metal detector (of a kind approved by the Secretary) over the detainee's outer garments,

(b) a pat-down,

(c) a partially clothed search,

(d) scanning with an X-ray scanning device.

(3) A
"pat-down" of a detainee means--

(a) searching the detainee by running the juvenile justice officer's hands over the detainee's outer garments, and

(b) examining anything worn or carried by the detainee that is conveniently removed by the detainee.

(4) A
"partially clothed search" of a detainee means any of the following--

(a) requiring the detainee to remove clothes from the top or bottom half of the detainee's body for examination of the clothes (and repeating the process for the other half of the detainee's body),

(b) visually examining the detainee's body,

(c) requiring the detainee to open the detainee's mouth to enable it to be visually examined,

(d) examining the detainee's removed clothes by touch.

(5) However, a juvenile justice officer conducting a partially clothed search may not--

(a) require the detainee to remove all of the detainee's clothes at once, or

(b) search the detainee's body cavities (other than the detainee's mouth), or

(c) examine the detainee's body by touch.

(6) A search under this clause must be conducted with due regard to the dignity, self-respect and well-being of the detainee and as quickly as is reasonably practicable.

(7) A search under this clause must be conducted in accordance with any directions of the Secretary about the conduct of searches under this clause, including in relation to the times at which and the circumstances in which a search may be conducted.

(8) Except in the case of an emergency, a pat-down or partially clothed search of a detainee must be conducted--

(a) by a person of the same sex as the detainee (or by a person of the sex chosen by the detainee in the case of a transgender or intersex detainee), and

(b) in the presence of another person (who, in the case of a partially clothed search, is able to observe the person conducting the search only and not the detainee).

(9) A partially clothed search of a detainee must not be conducted as part of the general routine of a detention centre, except in the case of a detainee being admitted to a detention centre or returning to a detention centre following day leave or overnight leave.