Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol
585 Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol
Unless subsection (2) applies, if an unclothed search is to be conducted of a child held in custody in a police gaol—
the police gaol officer conducting the search must be of the same sex as the child; and
to the extent that it is reasonably practicable and safe to do so, the additional police gaol officer required under section 584(4) to be present for the search must also be of the same sex as the child.
If an unclothed search is to be conducted of a child held in custody in a police gaol whose gender identity does not correspond to their sex designated at birth, to the extent that it is reasonably practicable and safe to do so—
the police gaol officer conducting the search must be of the sex or gender identity nominated by the child; and
the additional police gaol officer required under section 584(4) to be present for the search must also be of the sex or gender identity nominated by the child.
An unclothed search of any child held in custody in a police gaol must be conducted in a way that is sensitive to and respectful of the child's sex or gender identity.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.