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s 46

Strip searches—general rules

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Part 4Searches of patients
Division 4.3Strip searches

46 Strip searches—general rules

(1)

A strip search must be conducted in a private area or an area that provides reasonable privacy for the patient being searched.

(2)

The search must not involve—

(a)

the removal from the patient of more clothes than is necessary and reasonable to conduct the search; or

(b)

the removal from the patient of more clothes at any time than is necessary and reasonable to conduct the search; or

(c)

without limiting paragraph (b), both the upper and lower parts of the patient’s body being uncovered at the same time.

(3)

Subject to section 52 (Searches—use of force), the search must not involve any touching of the patient’s body by an authorised health practitioner.

(4)

Each authorised health practitioner present during the search must ensure, as far as practicable, that—

(a)

the search is done in a way that minimises embarrassment for the patient; and

(b)

the search is done quickly; and

(c)

the patient is allowed to dress in private immediately after the search is finished.

(5)

If clothing from a patient is seized during a strip search, the director‑general must ensure that the patient is left with, or given, appropriate clothing to wear.

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