Declared Places (Mental Impairment) Act 2015

This section applies to any search of a person done, and to anything seized, under section 22 or 23.

The searcher must, if practicable, be a person of the same gender as the person being searched if the person being searched is an adult.

If the person being searched is not an adult —

the searcher must be a person of the same gender as the person being searched; and

another adult must be present during the search.

The searcher may do all or any of these things —

scan the person with an electronic or mechanical device, whether hand held or not, to detect any thing;

remove the person’s headwear, gloves, footwear or outer clothing (such as a coat or jacket), but not the person’s inner clothing or underwear, in order to facilitate a frisk search;

frisk search the person by quickly and methodically running the hands over the outside of the person’s clothing;

search any article removed under paragraph (b).

The searcher may do any or all of these things for the purpose of conducting the search —

search any thing being carried by, or under the immediate control of, the person;

order the person to remove any thing that might injure the person conducting the search from any article that the person is wearing;

photograph part or all of the search while it is being done;

order the person to do anything reasonable to facilitate the exercise by the person conducting the search of any power in this section.

The search must be conducted as follows —

the search must be done as quickly as is reasonably practicable;

the search must not be any more intrusive than is reasonably necessary in the circumstances;

if the person conducting the search proposes to remove any article that the person is wearing, the person conducting the search must tell the person why it is considered necessary to do so;

the person must be allowed to dress as soon as the search is finished;

the person must be provided with a reasonably adequate replacement for any article of clothing or footwear seized if, due to the seizure, the person is left without adequate clothing or footwear in the circumstances.

A seized thing —

must be kept in safe custody and returned to the person from whom it was seized when the person leaves the declared place; or

if an intoxicant, may be destroyed unless it is a drug prescribed for the person from whom it was seized; or

must otherwise be dealt with according to law.

The CEO must ensure a record is kept of things seized and dealt with under this Act.