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 who is to be, or is being, searched to partly undress.

The chief executive must direct the child to undress only in the presence of—

for a child who has an accepted nomination if it is reasonably practicable to comply with the nomination in the circumstances—a person 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 person of the sex stated in the nomination; or

otherwise—a person who the chief executive considers appropriate to conduct the search; or

otherwise—a person of the same sex as the child.

If reasonably practicable—

the detention centre employee conducting the search must—

tell the child the child will be required to remove clothing during the search; and

tell the child why it is necessary to remove the clothing; and

ask the child to cooperate with the search; and

the child must be given the opportunity to remain partly clothed during the search, for example, by allowing the child to dress the child’s upper body before being required to remove items of clothing from the lower part of the body.

The search must be conducted—

in a way providing reasonable privacy for the child; and

as quickly as reasonably practicable.

The child must be allowed to dress as soon as the search is finished.

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

the child does not comply with a direction given for the purpose of the search; and

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.

A person must not touch a child who is directed to undress other than to the extent reasonably necessary to obtain compliance with the direction.