Crimes Act 1900

Subject to this section, if a person arrested for an offence is brought to a police station, a police officer may conduct a strip search of the person.

A strip search may be conducted if—

a police officer suspects on reasonable grounds that the person has in his or her possession—

evidential material in relation to that or another offence; or

a seizable item; or

the police officer suspects on reasonable grounds that a visual inspection of the person’s body will provide evidence of the person’s involvement in an offence;

the police officer suspects on reasonable grounds that it is necessary to conduct a strip search of the person to recover that thing or to discover that evidence; and

a police officer of the rank of superintendent or higher has approved the conduct of the search.

Subject to section 228, a strip search may also be conducted if the person consents in writing.

Subject to section 228, a strip search may be conducted in the presence of a medical practitioner who may assist in the search.

The approval may be obtained by telephone, fax or other electronic means.

A police officer who gives or refuses to give an approval under subsection (2) (d) shall make a record of the decision and of the reasons for the decision.

The force that is necessary and reasonable in the circumstances may be used to conduct a strip search under subsection (2).

Any item of a kind referred to in subsection (2) (a) that is found during a strip search may be seized.