Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 157Y

157Y Power to search on belief of possession of harmful thing

(1) This section applies if a doctor or health practitioner believes the person may have possession of a harmful thing.

(2) The doctor or health practitioner may—

(a) carry out a general search, scanning search or personal search of the person; and

(b) if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and

(c) carry out a search of the person’s possessions.

(3) The person in charge of the public sector health service facility may give approval under subsection (2) (b) if the person in charge believes that a search requiring the removal of clothing is necessary in the circumstances.

(4) A search under this section may be carried out without the person’s consent.

(5) However, before carrying out a search under this section, the doctor or health practitioner must tell the person the reasons for the search and how it is to be carried out.

(6) A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.