Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 72F

    (1)     Before carrying out a search of a person under this Division, the staff member who is to conduct the search must—

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

        (b)     in the case of a person other than a child resident—

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

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

    (2)     The staff member who is to conduct the search of a child resident or any person who has consented to 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 secure welfare service or the safety of persons in the service, 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).

    (3)     A staff member 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. 72G inserted by No. 29/2014 s. 7.