Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The superintendent or a member of the staff of a detention centre may only direct a detainee to submit to a screening search or a pat down search in the following circumstances:
(a) when the detainee is admitted to the detention centre;
(b) on the detainee temporarily leaving, and returning to, the detention centre;
(c) on the detainee being transferred from the detention centre to a custodial correctional facility or another detention centre.
(2) The superintendent of a detention centre may only direct a detainee to submit to a screening search or a pat down search if the superintendent believes on reasonable grounds that a screening search or a pat down search of the detainee is necessary:
(a) to ensure the safety of any person who is within the precincts of the detention centre, including the detainee; or
(b) to ensure the security of the detention centre.
(3) The superintendent of a detention centre may direct a detainee to submit to a personal search if:
(a) the superintendent believes on reasonable grounds that the search is necessary to prevent a risk of harm to the detainee or another person; and
(b) the detainee has already submitted to a pat down search under subsection (2).
(4) Force may not be used to conduct a personal search unless the person conducting the search believes on reasonable grounds that the use of force is necessary to prevent a serious and imminent risk to the safety of the detainee or another person.
Note for subsection (4)
See section 10 in relation to the use of force.
(5) A search of a detainee must be conducted in accordance with the Regulations.
(6) In this section:
"pat down search "means a search conducted by feeling clothing from the outside for objects concealed in or beneath the clothing.
"personal search "means a search of a person that may include:
(a) requiring the person to remove the person's clothes; and
(b) an examination of the person's body (but not of the person's body cavities) and of those clothes.
"screening search" means a search by equipment that is designed to carry out the search without touching the person.