Western Australian Current Regulations Western Australian Current Regulations (1) A search of a
prisoner under this regulation cannot be carried out unless ordered by the
superintendent under section 41(1) of the Act.
(1A) Without limiting
subregulation (1C), the manner in which a prisoner may be searched under
this regulation includes by means of an approved electronic scanning device.
(1B) The
superintendent must ensure that each prisoner is searched by a prison officer
on the prisoner’s admission to prison and immediately before the
prisoner’s discharge from prison.
(1C) A prisoner may be
searched on such other occasions and in such manner as may be considered
necessary by the superintendent.
(2) A prison officer
may search any prisoner in the officer’s charge or under the
officer’s supervision and where prisoners have left or returned to a
prison or have been transferred between prisons, the superintendent must
ensure that each prisoner is searched by a prison officer.
(3) A prisoner shall
not be stripped of the prisoner’s clothing and searched unless the
superintendent has so ordered and any prison officer involved in such a search
shall make a written report of the search and forward it to the
superintendent.
(4) A search of a
prisoner shall be conducted with regard to decency and self‑respect and,
subject to subregulation (5), the prisoner shall not be stripped of the
prisoner’s clothing and searched in the sight or the presence of a
person of the opposite sex and, where practicable, no prisoner shall be
stripped in the presence of another prisoner.
(5) The superintendent
may request the presence of a medical officer to provide advice during the
search of a prisoner.
[Regulation 78 amended: Gazette
12 Apr 2001 p. 2101; SL 2022/12 r. 4.]