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s 44

Strip searches—when may be conducted

In force
Part 4Searches of patients
Division 4.3Strip searches

44 Strip searches—when may be conducted

(1)

A patient may be strip searched only if the director‑general gives a direction in accordance with subsection (2).

Note Section 52 provides for the use of force to carry out searches under this part.

(2)

The director‑general may direct an authorised health practitioner to strip search a patient if the director‑general suspects on reasonable grounds that—

(a)

the patient has a seizeable item concealed on the patient; and

(b)

a less intrusive search will not detect the item.

(3)

To remove any doubt, a strip search of a patient may be conducted immediately after any scanning search, frisk search or ordinary search of the patient.

(4)

The director‑general must make a SMHF direction in relation to strip searches under this section.

Note A SMHF direction is a notifiable instrument (see s 9 (4)).

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