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s 73

Searches

In force
Part 5Detention centres and detainees
Division 8Management of detainees

73 Searches

(1) A search of a detainee conducted under section 161 of the Act must be conducted having regard to the detainee's dignity and self‑respect.

(2) A search of a detainee must, as practicable:

(a) be conducted by a member of staff of the same gender as the detainee;

and

(b) be in the presence of another member of staff of the same gender as the detainee.

(3) A personal search of a detainee:

(a) must be conducted by no more than 2 members of staff of the same gender as the detainee; and

(b) must not be conducted in the sight or presence of:

(i) another detainee; or

(ii) a person of the opposite gender; or

(iii) more people than is necessary.

(4) A personal search of a detainee is to be conducted in accordance with the following:

(a) the detainee is to remove the clothing from the top half of the detainee's body for inspection, after which the detainee must be permitted to re‑dress;

(b) after the detainee has re-dressed the detainee is to remove the clothing from the bottom half of the detainee's body for inspection, after which the detainee must be permitted to re‑dress.

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