Gender safeguard for searches of persons
624A Gender safeguard for searches of persons
This section applies to a search of a person conducted by a police officer.
This section does not apply if an immediate search of the person is necessary.
Example—An immediate search may be necessary because it is reasonably suspected that the person may have a bomb strapped to the person’s body or a concealed firearm or knife.
Subject to this section, the person conducting the search must, if reasonably practicable, be of the same gender as the person being searched.
The person to be searched must be given—
an explanation of the search process; and
a reasonable opportunity to express a preference about the gender of the person who is to conduct the search.
A preference may be expressed in a way that would require different persons to search the upper body, lower body or head of the person.
A preference must be accommodated unless—
there are reasonable grounds to believe the preference is expressed for an improper purpose; or
it is not reasonably practicable to accommodate the preference.
Notes—
1 An improper purpose includes the following—
• a lewd or otherwise offensive purpose;
• an attempt to frustrate the process.
2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.
The search or part of the search may be conducted by a different police officer, or under the direction of the police officer by a person who is not a police officer, if reasonably necessary—
to ensure that the person conducting the search and the person being searched are of the same gender; or
to accommodate a preference expressed by the person being searched; or
to address a concern related to gender in a way that minimises embarrassment and offence.
Also, the police officer may conduct the search or part of the search despite not being of the same gender as the person being searched if, in the circumstances, that is the most appropriate way to address a concern related to gender.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.