Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_18:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 18 (pt 2/2)
Character Range: 539697–541249

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 a person under paragraph (1)(h) within a reasonable time; nor
 (b) a detainee's inability to nominate a person under that paragraph who is readily available at the same place as the detainee and willing to attend the strip search within a reasonable time;
prevents a strip search being conducted.

 (5) A strip search of a detainee may be conducted with the assistance of another person if the approved officer conducting the strip search considers that to be necessary for the purposes of conducting it. That person must not be of the opposite sex to the detainee unless:
 (a) the person is a medical practitioner; and
 (b) a medical practitioner of the same sex as the detainee is not available within a reasonable time.

 (6) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an approved officer, assists in conducting a strip search if the person acts in good faith and does not contravene this clause.

 (7) A detainee must be provided with adequate clothing if during or as a result of a strip search any of his or her clothing is:
 (a) damaged or destroyed; or
 (b) retained under clause 19.

Note: This clause corresponds closely to section 252B of the Migration Act 1958.

Division 4—Keeping of things found by screening or strip search of detainees