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Corrections Regulations 2019
89Searches of persons (other than prisoners) in a prison—general requirements
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89 Searches of persons (other than prisoners) in a prison—general requirements
(1) For the purposes of section 45(1)(b) of the Act, a prison officer must, before conducting a search of a person in the prison (other than a prisoner), inform the person of the following matters—
(a) the officer's authority to conduct the search;
(b) the reason for the search in that particular case;
(c) that the person may consent to the search;
(d) that the person may refuse the search or withdraw consent to the search at any time, including after the person has consented to a search;
(e) the consequences of refusing a search, that may include—
(i) the refusal of the person's contact visits with a prisoner; or
(ii) the refusal of any visits between the person and a prisoner for a fixed time; or
(iii) the refusal of any visits by the person to any prison or with any prisoner for a fixed time.
(2) If a person (other than a prisoner) consents to a search, the prison officer conducting the search must—
(a) ask the person if the person has in their possession an article or substance which may threaten the good order or security of the prison; and
(b) if paragraph (a) applies, ask the person to produce the article or substance; and
(c) provide the person with the opportunity to respond to the requests referred to in paragraphs (a) and (b); and
(d) record the person's responses to the requests referred to in paragraphs (a) and (b); and
(e) record any other details required by the Secretary.
(3) A person (other than a prisoner) who is to be searched under section 45(1)(b) of the Act may request that one of the following persons be present during the search—
(a) a person who accompanied the person to the prison;
(b) any other person (other than a prisoner) who is at the prison.