Victorian Numbered Regulations Victorian Numbered Regulations(1) Before conducting a search of a person other than a prisoner under section 45 of the Act, the prison officer authorised by the Governor must—
(a) inform the person of his or her authority to conduct the search; and
(b) inform the person of the reason for the search in that particular case; and
(c) inform the person that the person may refuse the search; and
(d) inform the person of the consequences of refusal, which may include—
(i) refusing the person's participation in contact visits with a prisoner; or
(ii) refusing any visits by the person with a prisoner for a fixed time; or
(iii) refusing any visits to any prison or any prisoner for a fixed time.
(2) If a person other than a prisoner consents to a search, the prison officer authorised by the Governor must—
(a) ask the person if he or she has in his or her possession an article or substance which may threaten the good order or security of the prison; and
(b) ask the person to produce any article or substance referred to in paragraph (a); and
(c) provide the person with the opportunity to respond to the requests referred to in paragraphs (a) and (b); and
(d) record the person's responses to the requests referred to in paragraphs (a) and (b); and
(e) record any other details required by the Secretary.
(3) A person other than a prisoner who is about to be searched may request that a person who accompanied the person to the prison or another person of the same sex who is at the prison, other than a prisoner, be present during the search.
(4) Under this regulation—
(a) at least two officers may conduct a strip search; and
(b) subject to subregulation (3), the search must not be conducted by more officers than is reasonably necessary to ensure the safety of officers and the person being searched.
(5) The Governor, or an officer authorised by the Governor, may direct a prison officer or an escort officer to strip search a person under this regulation at any time if the Governor or authorised officer suspects, on reasonable grounds, that the person is concealing anything that—
(a) is an unauthorised substance or article; or
(b) might be used in a way that involves—
(i) intimidating another person; or
(ii) an offence or disciplinary breach; or
(iii) a risk to the personal safety of anyone at a prison; or
(iv) a risk to security or good order at a prison.
(6) A strip search of a person under this regulation may be conducted immediately after any scanning search, garment search or pat down search.
(7) Under this regulation, all prison officers or escort officers involved in a strip search must ensure that—
(a) a strip search is conducted as expeditiously as possible and with regard to the decency and self-respect of the person searched; and
(b) a strip search is conducted in a private place or an area that—
(i) provides reasonable privacy for the person being searched; and
(ii) in addition to subregulation (3) is only in the presence or sight of any person necessary to ensure the safety of officers and the prisoner; and
(c) the strip search does not involve any touching of the person's body; and
(d) the person is allowed to dress in private immediately after the search is finished; and
(e) if clothing from a person is seized during a strip search, an officer provides the person with appropriate clothing to wear; and
(f) the person is not searched by a person of the opposite sex, except where the search is urgently required and a person of the same sex as the person to be searched is unavailable to conduct the search.
(8) If a person is strip searched under this regulation, the Governor must keep a register containing at least the following information—
(a) the name of the person searched;
(b) the name of any person whose presence is authorised under subregulation (3);
(c) the reason for the search;
(d) the date and time the search was conducted;
(e) the name of the officers present at any time during the search;
(f) details of anything seized during the search.