Correctional Services Act 2014

(1) The General Manager may authorise an appropriate health practitioner (an authorised examiner) to carry out an intimate search of a prisoner if the General Manager reasonably believes there is, concealed on or in the prisoner's person, a thing that is:

(2) If the authorised examiner is not of the same sex as the prisoner, another health practitioner or a correctional officer of the same sex as the prisoner must be present while the intimate search is carried out.

(3) The authorised examiner may be assisted by another health practitioner.

(4) If the prisoner does not submit to the search, a correctional officer may assist the authorised examiner.

(5) In providing the assistance, the correctional officer may use the force that is reasonably necessary.

Note for subsection (5)

Part 3.4 makes provision in relation to the use of force.

(6) The authorised examiner may remove from the prisoner a thing found during the search if the examiner reasonably believes:

(b) that removing it is not likely to cause serious harm (as defined in section 1 of the Criminal Code) to the prisoner.

(7) As soon as practicable after removing a thing, the authorised examiner must give it to a correctional officer, who is taken to have confiscated it from the prisoner.

Note for subsection (7)

Part 3.5, Division 2 makes provision in relation to confiscation and how confiscated things are to be dealt with.

Subdivision 4 Testing