46Searching of inmates and cells—the Act, s 79(1)(r)

46 Searching of inmates and cells—the Act, s 79(1)(r)

46 Searching of inmates and cells—the Act, s 79(1)(r)

(1) A correctional officer may, at the times the governor directs and at other times the correctional officer considers appropriate—

(a) search an inmate (including by means of a strip-search or the use of an electronic or X-ray scanning device), and

(b) search an inmate’s cell and any property in the cell.

(2) An inmate must not be strip-searched by or in the presence of a person of a different sex to the relevant sex of the inmate unless the governor is satisfied that—

(a) it is necessary for the strip-search to be conducted by a person of a different sex for the safety or well-being of a person involved in the strip-search, including the inmate or the person who is to conduct the strip-search, or

(b) the strip-search is required urgently.

(3) The searching of an inmate and the inmate’s cell must be conducted with due regard to dignity and self-respect and in as seemly a way as is consistent with the conduct of an effective search.

(4) An inmate must not resist or impede the conduct of a search carried out under this clause.

Note.

Failure by an inmate to comply with this subclause is a correctional centre offence.

(5) In this clause—

relevant sex of an inmate means—

(a) the sex for which the inmate is classified under clause 12 or 13, or

(b) if the inmate has not yet been classified under clause 12 or 13—the sex of the inmate decided by the governor.

strip-search means a search of a person or of articles in the possession of a person that may include—

(a) requiring the person to remove all of the person’s clothes, and

(b) an examination of the person’s—

(i) body, but not including the person’s body cavities, and

(ii) clothes.

cl 46: Am 2018 (245), cl 3; 2026 (36), Sch 1[2]–[4].