Youth Justice Regulation 2016

If the chief executive reasonably believes it is necessary for the security of detention centre employees or children in the detention centre, the chief executive may direct a child to submit to an imaging search.

Before conducting the imaging search, a detention centre employee must—

explain to the child, in a way that is reasonable in the circumstances, the procedure for the search; and

ask the child to cooperate with the search.

The chief executive must ensure that any image of the child produced by the imaging search is viewed only 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.

The chief executive must ensure that any image of the child produced by the imaging search—

is viewed only by a person for the purposes of conducting the search; and

is not copied; and

is destroyed as soon as practicable after the search has been completed.