South Australian Numbered Acts South Australian Numbered Acts15—Substitution of sections 85A and 85B
Sections 85A and 85B—delete the sections and substitute:
85A—Exclusion of persons from correctional institution
(1) Despite any other
provision of this Act—
(a) if
the manager of a correctional institution believes on reasonable grounds that
a person lawfully attending the institution in any capacity (other than a
member of the staff of the institution) is interfering with or is likely to
interfere with the good order or security of the institution, the
manager—
(i)
may cause the person to be refused entry to or removed
from the institution, using only such force as is reasonably necessary for the
purpose; and
(ii)
may, in the case of a person who visits or proposes to
visit a prisoner under section 34, by written order, exclude the person from
the institution until further order or for a specified period; and
(b) if
the Chief Executive Officer believes on reasonable grounds that a person who
visits or proposes to visit a prisoner in a correctional institution under
section 34 is interfering with or is likely to interfere with the good order
or security of that or any other correctional institution, the Chief Executive
Officer may, by written order, direct that the person be excluded from a
specified correctional institution, all correctional institutions of a
specified class, or all correctional institutions, until further order or for
a specified period.
(2) An order under
subsection (1)(a) may be varied or revoked by the manager of the
correctional institution and an order under subsection (1)(b) may be
varied or revoked by the Chief Executive Officer.
(3) The manager of a
correctional institution may cause any person who is attempting to enter or is
in the institution in contravention of an order under this section to be
refused entry to or removed from the institution, using only such force as is
reasonably necessary for the purpose.
85B—Power of search and arrest of non-prisoners
(1) The manager of a
correctional institution may—
(a)
cause any person who enters the institution to submit, subject to the
person's consent, to a "limited contact search", and to having his or her
possessions searched, for the presence of prohibited items; or
(b) if
there are reasonable grounds for suspecting that a person entering or in the
institution is in possession of a prohibited item, cause the person and his or
her possessions to be detained and searched; or
(c) if
there are reasonable grounds for suspecting that a vehicle entering or in the
institution is carrying a prohibited item, cause the vehicle to be detained
and searched.
(2) If a person does
not consent to a limited contact search, the manager of the correctional
institution may cause the person to be refused entry to or removed from the
institution, using only such force as is reasonably necessary for the purpose.
(3) Failure of a
person to consent to a limited contact search does not of itself constitute
grounds for suspecting that the person is in possession of a prohibited item.
(4) The following
provisions apply to a limited contact search:
(a) the
person cannot be required to remove any clothing or to open his or her mouth,
and nothing may be introduced into an orifice of the person's body;
(b) any
direct contact with the person's flesh that is necessary for the purpose of
the search must be minimal and within the bounds of propriety;
(c) the
person may be required to adopt certain postures or to do anything else
reasonably necessary for the purposes of the search and, if the person does
not comply with such a requirement, the manager may cause the person to be
removed from the institution, using only such force as is reasonably necessary
for the purpose;
(d) the
search must be carried out expeditiously and undue humiliation of the person
must be avoided.
(5) The following
provisions apply to a search under subsection (1)(b):
(a) the
person may be required—
(i)
to remove his or her outer clothing (including footwear
and headwear) but no other clothing; or
(ii)
to open his or her mouth (but force cannot be applied to
open the person's mouth); or
(iii)
to adopt certain postures; or
(iv)
to submit to being frisked; or
(v)
to do anything else reasonably necessary for the purposes
of the search,
and, if the person does not comply with such a requirement, the manager may
cause the person to be removed from the institution, using only such force as
is reasonably necessary for the purpose;
(b)
nothing may be introduced into an orifice (including the mouth) of the
person's body;
(c) at
least 2 persons, apart from the person being searched, must be present at all
times during the search;
(d) the
search must be carried out expeditiously and undue humiliation of the person
must be avoided.
(6) The following
provisions apply to a search under subsection (1)(c):
(a) the
driver of the vehicle may be required to do anything reasonably necessary for
the purposes of the search;
(b) if
the driver does not comply with a requirement made under paragraph (a),
the manager may cause the driver and the vehicle to be refused entry to or
removed from the institution, using only such force as is reasonably necessary
for the purpose.
(7) If a
prohibited item is found as a result of a search under this section, or a
person fails to comply with a requirement lawfully made for the purposes of a
search under this section—
(a) the
manager may cause the person or the driver of the vehicle, as the case may be,
to be handed over into the custody of a police officer as soon as reasonably
practicable and to be kept in detention until that happens; and
(b) the
item may be kept as evidence of an offence or otherwise dealt with in the same
manner as a prohibited item under section 33A may be dealt with.
(8) If the officer or
employee who carries out a search of a person under this section suspects on
reasonable grounds that a prohibited item may be concealed on or in the
person's body, the manager may cause the person to be handed over into the
custody of a police officer as soon as reasonably practicable and to be kept
in detention until that happens.
(9) On a person being
detained under subsection (7) or (8), the manager must immediately cause
a police officer to be notified.
(10) Despite the
preceding provisions of this section, if a person or vehicle may be detained
under this section for the purposes of being searched, the manager may,
instead, cause the person or vehicle to be refused entry to or removed from
the institution, using only such force as is reasonably necessary for the
purpose.
(11) The annual report
submitted under this Act by the Chief Executive Officer in respect of a
financial year must include the following particulars:
(a) the
number of persons detained under subsection (7) during the year and the
duration of each such detention; and
(b) the
number of persons detained under subsection (8) during the year and the
duration of each such detention.
(12) This section does
not apply to a person who is a prisoner in the correctional institution.
(13) In this
section—
"prohibited item" means an item—
(a) that
is a prohibited item for the purposes of section 51; and
(b)
permission for the introduction of which into the correctional institution has
not been given by the manager.