Document ID: chunk:federal_register_of_legislation:C2021C00313:section:136:p1
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 136 (pt 1/2)
Character Range: 167926–170404

136  Rules for conduct of strip search
 (1) A strip search:
 (a) must be conducted in a private area; and
 (b) must be conducted by a police officer who is of the same sex as the person being searched; and
 (c) subject to subsections (3) and (4), must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and
 (d) must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and
 (e) must not be conducted on a person who is under 10 years of age; and
 (f) if the person being searched is at least 10 but under 18 years of age, or is incapable of managing his or her affairs:
 (i) may only be conducted if a court orders that it be conducted; and
 (ii) must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a police officer) who is capable of representing the interests of the person and, as far as is practicable in the circumstances, is acceptable to the person; and
 (g) must not involve a search of a person's body cavities; and
 (h) must not involve the removal of more garments than the police officer conducting the search believes on reasonable grounds to be necessary to determine whether the person has in his or her possession the item searched for or to establish the person's involvement in the crime to which the person's custody relates; and
 (i) must not involve more visual inspection than the police officer believes on reasonable grounds to be necessary to establish the person's involvement in the crime to which the person's custody relates.
 (2) In deciding whether to make an order referred to in paragraph (1)(f), the court must have regard to:
 (a) the serious nature of the crime to which the person's custody relates; and
 (b) the age or any disability of the person; and
 (c) such other matters as the court thinks fit.
 (3) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if a medical practitioner of the same sex as the person being searched is not available within a reasonable time.
 (4) Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.
 (5) If any of a person's garments are seized as a result of a