Youth Justice Act 2024

The unclothed search of a child held in custody in a police gaol is prohibited unless it has been authorised by the officer in charge of the police gaol in accordance with this section.

Subject to subsection (3), the officer in charge of a police gaol may authorise an unclothed search of a child held in custody in the police gaol if the officer in charge believes on reasonable grounds that—

the unclothed search is necessary in the interests of—

the security of the police gaol; or

the health, safety or wellbeing of the child who would be the subject of the search or any other person in the police gaol; and

the unclothed search is necessary as a last resort having regard to the child's individual characteristics and background (to the extent known and reasonably practicable in the circumstances) including—

age, maturity and stage of development; and

gender; and

cultural background or status as an Aboriginal child; and

physical and mental health; and

disability; and

history of trauma, placement in out of home care or family violence.

The officer in charge of the police gaol must not authorise the unclothed search unless the officer in charge is satisfied that all of the following search methods have first been considered and used if safe to do so—

a screening search, including a screening search conducted with the assistance of all reasonably available technology;

a pat-down search.