Mental Health Act 2016

A search under division 3 or 4 requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.

To the extent reasonably practicable, the gender of each person carrying out the search (each a searcher) must be the gender preferred by, or otherwise the same gender as, the person being searched.

Before carrying out the search, 1 of the searchers must tell the person—

that the person will be required to remove the person’s clothing during the search; and

why it is necessary to remove the clothing.

The searcher must—

ensure the search is carried out in a part of a building that ensures the person’s privacy; and

ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and

take reasonable care to protect the person’s dignity; and

carry out the search as quickly as practicable; and

allow the person to dress as soon as the search is finished.

The searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress the person’s upper body before being required to remove clothing from the lower part of the body.

If the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.

In this section—