Rules for conduct of strip searches
6 Rules for conduct of strip searches
Sch. 1 cl. 6(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(e)), 32/2018 s. 63(7).
A police officer or protective services officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
the strip search must be conducted in a private area;
the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched;
except as provided by this clause, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present.
Sch. 1 cl. 6(3) amended by Nos 37/2014 s. 10(Sch. item 167.58(e)), 32/2018 s. 63(7).
A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the child or person, in the presence of another person (other than a police officer or protective services officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.
Subclause (3) does not apply if a parent, guardian or other acceptable person is not then present and the seriousness and urgency of the circumstances require the strip search to be conducted without delay.
A strip search must not involve a search of a person's body cavities or an examination of the body by touch.
A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.
This clause is in addition to the other requirements of this Act relating to searches.
In this clause—
impaired intellectual functioning means—
total or partial loss of a person's mental functions; or
a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or
a disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.
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