South Australian Current Regulations

SUMMARY OFFENCES REGULATIONS 2016 - REG 32

32—Copies of intimate search records

        (1)         Subject to subregulation (2), a person (other than the detainee) must not make a copy of an intimate search record.

        (2)         A police officer in charge of a police station at which an intimate search record is stored, or another person with the approval of that officer, may make a copy of the record—

            (a)         on request by the detainee; or

            (b)         as may be required for purposes related to the investigation of an offence or alleged misconduct or for the purposes of, or purposes related to, legal proceedings, or proposed legal proceedings, to which the record is relevant.

        (3)         The officer in charge must ensure that—

            (a)         as soon as practicable after the copy is made—

                  (i)         the details of the making of the copy required by Part E of the form in Schedule 1 are entered in the register book; and

                  (ii)         the copy is clearly marked with a unique identifier enabling it to be linked with that entry in the register book; and

            (b)         the copy—

                  (i)         is stored in a secure place at the police station so as to prevent unauthorised access; and

                  (ii)         is not removed from storage except by the officer in charge for the purpose of providing the copy to the person on whose request the copy was made.

        (4)         As soon as practicable after a copy of an intimate search record is lawfully removed from storage or is given to the detainee, the officer in charge must ensure that the details required by Part F of the form in Schedule 1 are entered in the register book, including, except where the purpose of removal is destruction of the copy, the estimated date of return of the copy.

        (5)         As soon as practicable after a copy of an intimate search record is returned to the police station, the officer in charge must ensure that the details required by Part G of the form in Schedule 1 are entered in the register book.

        (6)         If a copy of an intimate search record is not returned by the estimated date of return—

            (a)         the officer in charge must ask the person to whom the copy was given to give an undertaking to return the copy either immediately or on a reviewed estimated date of return; and

            (b)         the officer in charge must ensure that the details required by Part H of the form in Schedule 1 are entered in the register book.

        (7)         If the copy is not returned within the time specified in an undertaking given under subregulation (6), the officer in charge must notify the Commissioner of that fact in writing.