sec.8CCarrying out personal search or search requiring removal of clothing— Act , s 39A

sec.8C Carrying out personal search or search requiring removal of clothing— Act , s 39A

This section applies to the following— a personal search of a prisoner; a search requiring the removal of clothing of a prisoner. Subject to this section, the search must be carried out in accordance with administrative procedures made under section 265 of the Act . Subject to subsection (4) — a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer. For a personal search of a prisoner, whether a corrective services officer observing but not carrying out the search is a female or male corrective services officer is irrelevant. For a search requiring the removal of clothing of a prisoner, only corrective services officers carrying out the search may be present—see section 9 . The usual procedure for the search is subject to modifications accepted under section 8B . However, subsection (4) does not apply if the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to— the security or good order of the place at which the search is carried out; or the safety or welfare of the prisoner, a corrective services officer or other person; or is not practicable. s 8C ins 2024 SL No. 187 s 5 (sec.8C-ssec.1) This section applies to the following— a personal search of a prisoner; a search requiring the removal of clothing of a prisoner. (sec.8C-ssec.2) Subject to this section, the search must be carried out in accordance with administrative procedures made under section 265 of the Act . (sec.8C-ssec.3) Subject to subsection (4) — a prisoner detained in a women’s corrective services facility must be searched by a female corrective services officer; and a prisoner detained in a men’s corrective services facility must be searched by a male corrective services officer. For a personal search of a prisoner, whether a corrective services officer observing but not carrying out the search is a female or male corrective services officer is irrelevant. For a search requiring the removal of clothing of a prisoner, only corrective services officers carrying out the search may be present—see section 9 . (sec.8C-ssec.4) The usual procedure for the search is subject to modifications accepted under section 8B . (sec.8C-ssec.5) However, subsection (4) does not apply if the chief executive reasonably believes accommodating the modification— would pose an unacceptable risk to— the security or good order of the place at which the search is carried out; or the safety or welfare of the prisoner, a corrective services officer or other person; or is not practicable.

• (a) a personal search of a prisoner;
• (b) a search requiring the removal of clothing of a prisoner.