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Corrections Management Act 2007
124Searches of detainee cells—suspected legally privileged
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124 Searches of detainee cells—suspected legally privileged
material
(1) If a corrections officer suspects, on reasonable grounds, that a
detainee’s cell contains legally privileged material, the officer may
search the cell only if the detainee is present.
(2) A search under subsection (1) may include an examination of any
legally privileged material, and anything containing the material,
found in the cell.
(3) However, the officer may not read any legally privileged material
found in the cell unless the detainee is present and—
(a) the detainee consents to the officer reading the material; or
(b) the officer suspects, on reasonable grounds, that the material
contains information that—
(i) may threaten security or good order at a correctional
centre; or
(ii) relates to an offence or disciplinary breach.
(4) The officer need not comply with subsection (1) or (3) if the officer
believes, on reasonable grounds, that urgent circumstances exist and
that complying with the subsection would create a risk of injury to
the officer, the detainee or anyone else.
(5) The director-general must ensure that a record of action under
subsection (4) is made and entered in the register of detainees.
Searches—miscellaneous Division 9.4.6