Youth Justice Regulation 2016

This section applies if—

a child is admitted to a detention centre; and

the chief executive is aware that the child identifies as transgender, intersex or otherwise not male or female; and

the chief executive has not, after the child’s admission to the detention centre, accepted under section 11B a nomination made by the child; and

a search of the child under section 24, 24A, 25 or 26 is to be conducted.

Before the search is conducted, the child must be given an opportunity—

to nominate the sex of the person for the search; or

for a child who has previously been a detainee—to affirm an earlier accepted nomination.

If, in the circumstances, it is not reasonably practicable to comply with the nomination, the chief executive must give the child an opportunity to make another nomination.