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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 488AD

Manner of conducting search

S. 488AD(1) amended by No. 29/2014 s. 13.

    (1)     In the case of a frisk search or an unclothed search, the officer in charge must ensure that the search is conducted only by an officer of the same sex as the person being searched.

    (2)     Before carrying out a search under this Division of a person other than a detainee, the officer who is to conduct the search must—

        (a)     inform the person of his or her authority to conduct the search; and

        (b)     inform the person that he or she may refuse the search; and

        (c)     inform the person of the consequences of refusal.

    (3)     If a person consents to a search, the officer who is to conduct the search must—

        (a)     ask the person if he or she has in his or her possession any article or thing which jeopardises or is likely to jeopardise the security of the youth justice facility or the safety of persons in the facility, including—

              (i)     any firearm, offensive weapon or other article that is capable of being used as a weapon; or

              (ii)     any form of drug without the consent of the Secretary; or

              (iii)     any form of alcoholic liquor or beverage; or

              (iv)     money; or

              (v)     any other article or thing not allowed by the regulations; and

        (b)     ask the person to produce any article or thing referred to in paragraph (a).

S. 488AD(4) amended by No. 29/2014 s. 13.

    (4)     In the case of an unclothed search, the officer in charge must ensure that the search is conducted in the presence of another officer.

    (5)     The other officer referred to in subsection (4)—

        (a)     must be positioned in such a way that the detainee being searched is not in the view of that other officer;

        (b)     must be of the same sex as the detainee being searched, unless—

              (i)     the search is, in the opinion of the officer in charge, urgently required; and

              (ii)     an officer of the same sex is not available.

    (6)     An officer carrying out a search of a person under this Division must do so—

        (a)     expeditiously; and

        (b)     with regard to the decency and self-respect of the person searched; and

        (c)     in compliance with any other prescribed requirement.

S. 488AE inserted by No. 54/2011 s. 7.



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