Youth Justice Regulation 2016

A child admitted to a detention centre may, in relation to any of the following searches, (each a relevant search) nominate—

for a search of the child under section 24 if the search involves touching the child and the chief executive is aware that the child identifies as transgender, intersex or otherwise not male or female—the sex of the person who is to conduct the search;

for an imaging search of the child under section 24A—the sex of the person who is to view an image of the child produced by the imaging search;

for a search of the child under section 25—the sex of the person who is to conduct the search;

for a search of the child under section 26—the sex of the doctor who is to conduct the search and the detention centre employee who is to assist with the search.

The child must be given an opportunity to make the nomination before the end of the next business day after the child is admitted to the detention centre.

The nomination may state—

different sexes for each relevant search; and

more than 1 sex for each relevant search in an order of preference; and

for a relevant search that may be conducted or provided in more than 1 way—different sexes for each way the search is conducted.

If the chief executive reasonably believes it is not likely to be reasonably practicable to comply with the nomination for a relevant search, the chief executive must—

tell the child about the belief; and

give the child an opportunity to make another nomination.

Also, if the nomination for a relevant search does not state male or female as a nominated sex, the chief executive must give the child an opportunity to make another nomination for the search.

The child may change the nomination at any reasonable time.