sec.9Additional requirements for search requiring removal of clothing— Act , s 39A

sec.9 Additional requirements for search requiring removal of clothing— Act , s 39A

A search requiring the removal of a prisoner’s clothing must not be carried out in the presence of a person other than the corrective services officers carrying out the search. If the prisoner is detained in a women’s corrective services facility, steps must be taken to ensure that no male corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched. If the prisoner is detained in a men’s corrective services facility, steps must be taken to ensure that no female corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched. However, subsections (2) and (3) do not apply if the chief executive reasonably believes— there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer. A corrective services officer carrying out the search may require the prisoner to do any or all of the following— hold the prisoner’s arms in the air; stand with prisoner’s legs apart; lean forward. s 9 amd 2024 SL No. 187 s 6 (sec.9-ssec.1) A search requiring the removal of a prisoner’s clothing must not be carried out in the presence of a person other than the corrective services officers carrying out the search. (sec.9-ssec.2) If the prisoner is detained in a women’s corrective services facility, steps must be taken to ensure that no male corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched. (sec.9-ssec.3) If the prisoner is detained in a men’s corrective services facility, steps must be taken to ensure that no female corrective services officer views the search through an electronic device that monitors the area in which the prisoner is searched. (sec.9-ssec.4) However, subsections (2) and (3) do not apply if the chief executive reasonably believes— there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and the search is being conducted in circumstances of imminent risk to the life or safety of the prisoner or a corrective services officer. (sec.9-ssec.5) A corrective services officer carrying out the search may require the prisoner to do any or all of the following— hold the prisoner’s arms in the air; stand with prisoner’s legs apart; lean forward.

• (a) there is no suitable corrective services officer readily available to view the search through the electronic device that monitors the area in which the prisoner is searched; and