Northern Territory Numbered Acts Northern Territory Numbered ActsSection 161
repeal, insert
(1) The superintendent or a member of the staff of a detention centre may direct a detainee to submit to a screening search:
(a) when the detainee is admitted to the detention centre; and
(b) on the detainee temporarily leaving, and returning to, the detention centre; and
(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 direct a detainee to submit to a screening search or a pat down search if the superintendent believes on reasonable grounds that the detainee may have an article that is not permitted to be in the detainee's possession.
(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.