Children and Young People Act 2008
583Search and seizure—powers
Start here
Get a plain-English read of 583
Turn the raw legal text into a practical explanation grounded in Children and Young People Act 2008.
583 Search and seizure—powers (1) The operating entity for an intensive therapy place may, at any time, direct an intensive therapy person to carry out a scanning search, frisk search or ordinary search of a child or young person if there are reasonable grounds for believing that the child or person is carrying anything— (a) that would present a danger to the intensive therapy person or another person; or (b) that could be used to assist the child or person to escape the intensive therapy place. (2) As far as practicable, the operating entity must ensure that the intensive therapy person is— (a) if the child or young person requests an intensive therapy person of a particular sex—a person of the sex requested; or (b) if the child or young person makes no request—a person of the same sex as the child or young person. (3) The intensive therapy person may seize a dangerous thing found on a child or young person or in a child’s or young person’s custody or possession, unless the child or young person has the written approval of the operating entity to possess the thing.
Searches and seizure Division 16.3.4 (4) The intensive therapy person must make a written record of anything seized under this section. frisk search means— (a) a search of a person conducted by quickly running the hands over the person’s outer garments; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person. ordinary search means a search of a person, or of articles in a person’s possession, that may include— (a) requiring the person to remove the person’s overcoat, coat or jacket and any gloves, shoes, hat or bag; and (b) an examination of those items. scanning search means a search of a person by electronic or other means that does not require the person to remove the person’s clothing or to be touched by someone else.