100Search

100 Search (1) A Regional Manager may at any time, order a community corrections officer to— (a) search any part of a community corrections centre in the region; or (b) search and examine an officer, an offender, a visitor or any other person in a community corrections centre; or (c) search and examine anything in a community corrections centre; or (d) require a person wishing to enter a community corrections centre to submit to search and examination of the person and anything in the person's possession or under the person's control— if the Regional Manager believes that the search is necessary for the security or good order of the community corrections centre or the offenders in it. S. 100(1A) inserted by No. 10/2013 s. 33(1). (1A) A Regional Manager may, at any time, order a community corrections officer to search and examine an offender at a place that the offender, by a correctional order or Part 9, is required to attend for educational recreation or for any other purpose, if the Regional Manager believes that the search is necessary for the security or good order of the place or the offenders at the place. S. 100(1B) inserted by No. 10/2013 s. 33(1). (1B) Before a Regional Manager orders a community corrections officer to search a person, the Regional Manager or the officer about to conduct the search must— (a) inform the person of the authority of the Regional Manager to order the search; and (b) inform the person of the reason for the search in that particular case; and (c) ask the person whether he or she has in his or her possession any article or substance which may jeopardise the good order or security of the community corrections centre or the place referred to in subsection (1A); and (d) ask the person to produce any article referred to in paragraph (c); and (e) provide the person with an opportunity to respond to the requests made under paragraphs (c) and (d); and (f) record the person's responses to the requests referred to in paragraphs (c) and (d). S. 100(1C) inserted by No. 10/2013 s. 33(1). (1C) The Regional Manager must ensure, to the extent practicable, that a search under this section is conducted— (a) in a private place or area that provides reasonable privacy for the person being searched; and (b) in the presence of a witness; and (c) as expeditiously as possible to minimise the impact on the person's dignity and self‑respect; and (d) by a person of the same sex as the person being searched. S. 100(1D) inserted by No. 10/2013 s. 33(1). (1D) A Regional Manager must establish and maintain a register of searches conducted under this section. (2) If a person other than an officer or an offender refuses to submit to a search under this section the Regional Manager may order the person to leave the community corrections centre immediately. (3) A person who disobeys a Regional Manager's order under subsection (2) is guilty of an offence. (4) A community corrections officer may, if necessary use reasonable force to compel a person to obey an order to leave a community corrections centre. (5) A community corrections officer is not liable for injury or damage caused in carrying out searches or using force in accordance with this section. (6) A Regional Manager may at any time order a search under this section to be terminated. S. 100(7) inserted by No. 10/2013 s. 33(2). (7) In this section, ***search*** means any or all of the following— (a) a garment search; (b) a pat-down search; (c) a scanning search.