Youth Justice Act 2024

An unclothed search of a child held in custody in a police gaol must be conducted expeditiously and sensitively having regard to—

promoting the rights and interests of the child, including the child's decency, dignity and privacy; and

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; and

the need to minimise causing trauma, distress or other harm to the child.

A police gaol officer must not conduct an unclothed search of a child held in custody in a police gaol unless the officer is appropriately trained to conduct an unclothed search of a child.

A child who is held in custody in a police gaol must not be fully unclothed at any time during an unclothed search of the child, unless there are exceptional circumstances.

An unclothed search of a child held in custody in a police gaol must be conducted in the presence of another police gaol officer.

An unclothed search of a child held in custody in a police gaol must be conducted in a private place, with privacy for the child being searched, and not in the presence of any other person detained in the police gaol, unless there are exceptional circumstances.

After completion of an unclothed search of a child held in custody in a police gaol, the child must be allowed to re-dress in private, unless there are exceptional circumstances.

A police gaol officer carrying out an unclothed search of a child held in custody in a police gaol must comply with any other prescribed requirement.

The officer in charge of a police gaol may order at any time the termination of an unclothed search of a child held in custody in the police gaol.