South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 37

37—Search of prisoners

        (1)         The CE may cause a prisoner or a prisoner's belongings to be searched in any of the following cases:

            (a)         where the prisoner enters a correctional institution or moves from one part of the institution to another;

            (b)         where the CE has reasonable cause to suspect that the prisoner has in his or her possession in the correctional institution an item prohibited by the regulations;

            (c)         where the prisoner is required pursuant to this Act to provide a biological sample for analysis.

        (1a)         The CE may also cause a prisoner's belongings to be searched if, for the purpose of detecting items prohibited by the regulations, the CE—

            (a)         proposes that the belongings of all prisoners within the correctional institution, or a part of the institution, be searched; or

            (b)         causes the random selection of prisoners from the whole, or a part, of the institution for the purposes of such a search and the prisoner falls within the selection.

        (2)         The following provisions apply to the search of a prisoner:

            (a)         those present at any time during the search when the prisoner is naked, except a medical practitioner, must be of the same sex or gender identity as the prisoner;

            (b)         at least two persons, apart from the prisoner, must be present at all times during the search when the prisoner is naked;

            (c)         for the purposes of the search, the prisoner may be required—

                  (i)         to open his or her mouth;

                  (ii)         to strip;

                  (iii)         to adopt particular postures;

                  (iv)         to do anything else reasonably necessary for the purposes of the search,

and if the prisoner does not comply with such a requirement reasonable force may be applied to secure compliance.

        (2a)         A prisoner may waive the requirement under subsection (2)(a) that those present during a search (other than a medical practitioner) be of the same sex or gender identity as the prisoner.

        (3)         Force must not be applied to open a prisoner's mouth except by or under the supervision of a medical practitioner.

        (4)         Nothing may be introduced into an orifice of a prisoner's body for the purposes of a search except by a medical practitioner.

        (5)         A search must be carried out expeditiously and undue humiliation of the prisoner must be avoided.

        (6)         The annual report submitted under this Act by the CE in respect of a financial year must include particulars of—

            (a)         the number of searches conducted under subsection (1a) in respect of each correctional institution during the year; and

            (b)         the number and general description of items prohibited by the regulations detected in the institution during those searches.