Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_18:p1
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 18 (pt 1/2)
Character Range: 320359–322902

18  Rules for conducting a strip search
 (1) A strip search of a detainee under clause 17:
 (a) must not subject the detainee to greater indignity than is reasonably necessary to conduct the strip search; and
 (b) must be conducted in a private area; and
 (c) must be conducted by an authorised officer of the same sex as the detainee; and
 (d) subject to subclauses (2), (3) and (5), must not be conducted in the presence or view of a person who is of the opposite sex to the detainee; and
 (e) subject to subclauses (2), (3) and (5), must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the strip search; and
 (f) must not be conducted on a detainee who is under 10; and
 (g) if the detainee is at least 10 but under 18, or is incapable of managing his or her affairs—must be conducted in the presence of:
 (i) the detainee's parent or guardian if that person is in detention with the detainee and is readily available at the same place; or
 (ii) if that is not acceptable to the detainee or subparagraph (i) does not apply—another person (other than an authorised officer) who is capable of representing the detainee's interests and who, as far as is practicable in the circumstances, is acceptable to the detainee; and
 (h) subject to subclause (4), if the detainee is at least 18, and is not incapable of managing his or her affairs—must be conducted in the presence of another person (if any) nominated by the detainee, if that other person is readily available at the same place as the detainee, and willing to attend the strip search within a reasonable time; and
 (i) must not involve a search of the detainee's body cavities; and
 (j) must not involve the removal of more items of clothing, or more visual inspection, than the authorised officer conducting the search believes on reasonable grounds to be necessary to determine whether there is hidden on the detainee, in his or her clothing or in a thing in his or her possession a weapon or other thing described in subclause 17(1); and
 (k) must not be conducted with greater force than is reasonably necessary to conduct the strip search.
 (2) Paragraphs (1)(d) and (e) do not apply to a parent or guardian, or a person present because of subparagraph (1)(g)(ii), if the detainee has no objection to that person being present.
 (3) Paragraphs (1)(d) and (e) do not apply to a person nominated by the detainee under paragraph (1)(h) to attend the strip search.
 (4) Neither:
 (a) a detainee's refusal or failure to nominate