South Australian Numbered Acts

YOUTH JUSTICE ADMINISTRATION ACT 2016 (NO 6 OF 2016) - SECT 30

30—Power to search residents

        (1)         The manager of a training centre may cause a resident of the centre or a resident's belongings to be searched in any of the following situations:

            (a)         when the resident is received into the centre or returns after an absence from the centre;

            (b)         if the resident has had a full contact visit with a visitor to the centre;

            (c)         if the manager has reasonable cause to suspect that the resident has in his or her possession in the centre any substance or item—

                  (i)         that is prohibited in the centre; or

                  (ii)         that may jeopardise the security of the centre.

        (2)         The following provisions apply to the search of a resident of a training centre:

            (a)         the resident may not be required to be completely naked at any time during the search;

            (b)         those present at any time during the search when the resident is semi-naked (except a medical practitioner) must be of the same sex or gender identity as the resident;

            (c)         at least 2 persons (apart from the resident) must be present at all times during the search when the resident is semi-naked (with 1 of them conducting the search while the other observes);

            (d)         if a medical practitioner is required for the purposes of the search—the medical practitioner must be in addition to the 2 persons required under paragraph (c)

;

            (e)         for the purposes of the search—the resident may be required—

                  (i)         to open his or her mouth; and

                  (ii)         to remove the clothing from his or her upper body or lower body (but not both at the same time); and

                  (iii)         to adopt particular postures; and

                  (iv)         to do anything else reasonably necessary for the purposes of the search,

and if the resident does not comply with such a requirement, reasonable force may be applied to secure compliance;

            (f)         force must not be applied to open the resident's mouth except by or under the supervision of a medical practitioner;

            (g)         nothing may be introduced into an orifice of the resident's body for the purposes of the search except by a medical practitioner;

            (h)         the search must be carried out expeditiously and undue humiliation of the resident must be avoided.

        (3)         If a resident of a training centre is searched while the resident is semi-naked, the manager of the centre must ensure that a record is made containing the following details:

            (a)         the name and age of the resident;

            (b)         the date and time of the search;

            (c)         the reason for the search;

            (d)         the name of the employee of the centre who conducted the search.

        (4)         Despite subsection (2)(b)

, if 2 persons (apart from a medical practitioner) of the same sex or gender identity as a resident are not available at the time a search of the resident is to be conducted, the search may be conducted by a person of the same sex or gender identity as the resident in the presence of a person who is not of the same sex or gender identity.

        (5)         However—

            (a)         the second person present when the search is conducted must observe the person conducting the search without observing the semi-naked resident; and

            (b)         due regard must be had to the particular needs and circumstances of the resident.