s 41
In forceScanning, frisk and ordinary searches—requirements
Part 4Searches of patients
Division 4.2Scanning, frisk and ordinary searches of patients
41 Scanning, frisk and ordinary searches—requirements
(1)
An authorised health practitioner may conduct a scanning search, frisk search or ordinary search of a person under section 40 only if—
(a)
the authorised health practitioner is of the same sex as the person to be searched; or
(b)
if that is not practicable—another person of the same sex as, or a sex nominated by, the person to be searched is present while the search is conducted.
(2)
The authorised health practitioner must conduct the least invasive kind of search practicable.
(3)
The authorised health practitioner must conduct the search—
(a)
in a way that provides reasonable privacy for the person; and
(b)
as quickly as practicable.
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