Police Powers and Responsibilities Act 2000

This section applies if, under section 644(2)(e), a watch-house officer asks an entrant to allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings.

Subject to this section, the person touching the garment must, if reasonably practicable, be of the same gender as the entrant.

The entrant must be given—

an explanation of the inspection process; and

a reasonable opportunity to express a preference about the gender of the person who is to touch the garment.

A preference may be expressed in a way that would require different persons to touch a garment on 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.

Without limiting the power under section 644(2)(e) for an adult to assist the officer, the officer may ask an adult to assist if reasonably necessary—

to ensure that the person touching the garment and the entrant are of the same gender; or

to accommodate a preference expressed by the entrant; or

to address a concern related to gender in a way that minimises embarrassment and offence.

Also, the officer may touch the garment despite the officer not being of the same gender as the entrant if, in the circumstances, that is the most appropriate way to address a concern related to gender.