Victorian Numbered Acts Victorian Numbered Acts(1) The officer in charge of premises may order a supervision officer or a specified officer, or request or permit a police officer, to conduct a search at any time under subsection (2) if the officer in charge reasonably suspects that a search is necessary—
(a) for the good order of the premises; or
(b) for the safety and welfare of offenders, staff of the facility or visitors to premises; or
(c) to monitor an offender's compliance with a supervision order or an interim supervision order; or
(d) to monitor the risk of the offender re-offending or engaging in behaviour or conduct associated with an increased risk of re-offending.
(2) An officer who is ordered, requested or permitted to conduct a search under subsection (1) may—
(a) search any part of, or any thing in, the premises; or
(b) search and examine another officer (other than a police officer), an offender or any other person in the premises (other than a Judge of the Supreme Court or the County Court or a magistrate); or
(c) search and examine a person (other than a Judge of the Supreme Court or the County Court, a magistrate or a police officer) wishing to enter the premises.
(3) For the purposes of subsection (2)(c), an officer may require the person to submit to the search and examination.
(4) If an officer conducts a search under this section and finds correspondence in an offender's possession, the officer may read the correspondence if it—
(a) is not sealed in an envelope or a container, unless the envelope or container has already been opened and resealed after the offender received it; or
(b) is not addressed to or from any of the following—
(i) the Minister;
(ii) the Secretary;
(iii) the Post Sentence Authority;
(iv) the Commissioner;
(v) a member of Parliament;
(vi) the officer in charge;
(vii) a lawyer representing the offender, or from whom the offender is seeking legal advice;
(viii) the Commissioner of the Victorian Equal Opportunity and Human Rights Commission appointed under section 170 of the Equal Opportunity Act 2010 ;
(ix) the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016 ;
(x) the Human Rights Commissioner appointed under section 8B of the Australian Human Rights Commission Act 1986 of the Commonwealth;
(xi) the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011 ;
(xii) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982 ;
(xiii) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014 ;
(xiv) the Ombudsman appointed under section 3 of the Ombudsman Act 1973 ;
(xv) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 ;
(xvi) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014 ;
(xvii) any person authorised to act on behalf of a person listed in subparagraphs (vi) to (x);
(xviii) an independent visitor.
(5) If a person (other than a supervision officer, a specified officer or an offender) refuses to submit to a search under this section, the officer in charge may order the person to leave the premises immediately.
(6) An officer may, if necessary, use reasonable force to compel a person to obey an order to leave premises.