Youth Justice Regulation 2016

Unless authorised by the chief executive under section 25, a search of a child detained in a detention centre must not involve the removal of any of the child’s clothes.

If the search involves touching the child, the chief executive must ensure the search is conducted by—

for a child who has an accepted nomination if it is reasonably practicable to comply with the nomination in the circumstances—a detention centre employee of the sex stated in the nomination in accordance with the child’s order of preference (if any); or

for a child to whom section 11C applies—

for a nomination made by the child under that section if it is reasonably practicable to comply with the nomination in the circumstances—a detention centre employee of the sex stated in the nomination; or

otherwise—a detention centre employee who the chief executive considers appropriate to conduct the search; or

otherwise—a detention centre employee of the same sex as the child.

Before conducting the search, the detention centre employee must—

inform the child that a search is to be conducted; and

ask the child to cooperate with the search.

The detention centre employee may use reasonable force to carry out the search if—

the employee has successfully completed physical intervention training approved by the chief executive; and

the employee reasonably believes the search can not be carried out in another way.