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\[2\]–\[4\].