sec.175AConducting searches

### sec.175A Conducting searches In conducting a general search, scanning search or an imaging search of a person, a corrective services officer must— ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and take reasonable care to minimise any physical contact with the person. However— in conducting a general search of a person, a corrective services officer may require the person to— open the person’s hands or mouth for visual inspection; or shake the person’s hair vigorously; and in conducting a general search of a thing in the possession of a person, a corrective services officer may touch or move the thing without touching the person; and in conducting a scanning search of a person, a corrective services officer may use an apparatus for touching or coming into contact with the person; and in conducting an imaging search of a person, a corrective services officer may, to the extent necessary to effectively conduct the search— require the person to remove the person’s outer garments; or require that another person or an apparatus come into contact with the person; or require the person to hold a position temporarily or to move as directed by the officer. requiring a person to stand on a particular spot while holding out the person’s arms requiring a person to walk slowly through an apparatus In conducting a scanning search of a person, a corrective services officer must use only an apparatus, for touching or coming into contact with a person who is submitting to the search, prescribed by regulation for this subsection. In conducting an imaging search of a person, a corrective services officer must use only an apparatus or device prescribed by regulation for this subsection. A regulation may prescribe— additional limitations on the use of particular apparatus or devices in conducting imaging searches; and A regulation may prescribe the maximum number of times a person may be searched using a particular device in a stated period. other requirements and procedures relating to imaging searches, including, for example, the use, storage and destruction of images produced by an imaging search. s 175A ins 2020 No. 23 s 22 sub 2023 No. 14 s 20 amd 2024 No. 25 s 3 sch 1 (sec.175A-ssec.1) In conducting a general search, scanning search or an imaging search of a person, a corrective services officer must— ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and take reasonable care to minimise any physical contact with the person. (sec.175A-ssec.2) However— in conducting a general search of a person, a corrective services officer may require the person to— open the person’s hands or mouth for visual inspection; or shake the person’s hair vigorously; and in conducting a general search of a thing in the possession of a person, a corrective services officer may touch or move the thing without touching the person; and in conducting a scanning search of a person, a corrective services officer may use an apparatus for touching or coming into contact with the person; and in conducting an imaging search of a person, a corrective services officer may, to the extent necessary to effectively conduct the search— require the person to remove the person’s outer garments; or require that another person or an apparatus come into contact with the person; or require the person to hold a position temporarily or to move as directed by the officer. requiring a person to stand on a particular spot while holding out the person’s arms requiring a person to walk slowly through an apparatus (sec.175A-ssec.3) In conducting a scanning search of a person, a corrective services officer must use only an apparatus, for touching or coming into contact with a person who is submitting to the search, prescribed by regulation for this subsection. (sec.175A-ssec.4) In conducting an imaging search of a person, a corrective services officer must use only an apparatus or device prescribed by regulation for this subsection. (sec.175A-ssec.5) A regulation may prescribe— additional limitations on the use of particular apparatus or devices in conducting imaging searches; and A regulation may prescribe the maximum number of times a person may be searched using a particular device in a stated period. other requirements and procedures relating to imaging searches, including, for example, the use, storage and destruction of images produced by an imaging search. - (a) ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and - (b) take reasonable care to minimise any physical contact with the person. - (a) in conducting a general search of a person, a corrective services officer may require the person to— (i) open the person’s hands or mouth for visual inspection; or (ii) shake the person’s hair vigorously; and - (i) open the person’s hands or mouth for visual inspection; or - (ii) shake the person’s hair vigorously; and - (b) in conducting a general search of a thing in the possession of a person, a corrective services officer may touch or move the thing without touching the person; and - (c) in conducting a scanning search of a person, a corrective services officer may use an apparatus for touching or coming into contact with the person; and - (d) in conducting an imaging search of a person, a corrective services officer may, to the extent necessary to effectively conduct the search— (i) require the person to remove the person’s outer garments; or (ii) require that another person or an apparatus come into contact with the person; or (iii) require the person to hold a position temporarily or to move as directed by the officer. Examples— • requiring a person to stand on a particular spot while holding out the person’s arms • requiring a person to walk slowly through an apparatus - (i) require the person to remove the person’s outer garments; or - (ii) require that another person or an apparatus come into contact with the person; or - (iii) require the person to hold a position temporarily or to move as directed by the officer. Examples— • requiring a person to stand on a particular spot while holding out the person’s arms • requiring a person to walk slowly through an apparatus - • requiring a person to stand on a particular spot while holding out the person’s arms - • requiring a person to walk slowly through an apparatus - (i) open the person’s hands or mouth for visual inspection; or - (ii) shake the person’s hair vigorously; and - (i) require the person to remove the person’s outer garments; or - (ii) require that another person or an apparatus come into contact with the person; or - (iii) require the person to hold a position temporarily or to move as directed by the officer. Examples— • requiring a person to stand on a particular spot while holding out the person’s arms • requiring a person to walk slowly through an apparatus - • requiring a person to stand on a particular spot while holding out the person’s arms - • requiring a person to walk slowly through an apparatus - • requiring a person to stand on a particular spot while holding out the person’s arms - • requiring a person to walk slowly through an apparatus - (a) additional limitations on the use of particular apparatus or devices in conducting imaging searches; and Example— A regulation may prescribe the maximum number of times a person may be searched using a particular device in a stated period. - (b) other requirements and procedures relating to imaging searches, including, for example, the use, storage and destruction of images produced by an imaging search.