sec.77Carrying out search

sec.77 Carrying out search

The senior practitioner or authorised practitioner may require the client to submit, or submit the client’s possessions, to a search under this section. The practitioner may do any or all of the following— pass a hand-held electronic scanning device over or around the client or the client’s possessions; open or inspect a thing in the client’s possession; remove and inspect an outer garment or footwear of the client; remove and inspect all things from the pockets of the client’s clothing; touch the clothing worn by the client to the extent reasonably necessary to detect things in the client’s possession; remove and inspect any detected thing. Also, the practitioner may, with the administrator’s approval, remove and inspect all, or part of, the client’s other clothing and anything found in the clothing. However, the administrator may give the approval only if the administrator is reasonably satisfied it is necessary in the circumstances for carrying out the search. The practitioner may— exercise a power of inspection under subsection (2) only if the client is present or has been given the opportunity to be present; or exercise a power under subsection (2) (c) to (f) or (3) only if— the practitioner is the same sex as the client; and the search is carried out in a part of a building that ensures the client’s privacy. The practitioner must— carry out the search in a way that respects the client’s dignity to the greatest extent possible; and cause as little inconvenience to the client as is practicable in the circumstances. However, the practitioner may carry out the search with the help, and using the minimum force, that is necessary and reasonable in the circumstances. (sec.77-ssec.1) The senior practitioner or authorised practitioner may require the client to submit, or submit the client’s possessions, to a search under this section. (sec.77-ssec.2) The practitioner may do any or all of the following— pass a hand-held electronic scanning device over or around the client or the client’s possessions; open or inspect a thing in the client’s possession; remove and inspect an outer garment or footwear of the client; remove and inspect all things from the pockets of the client’s clothing; touch the clothing worn by the client to the extent reasonably necessary to detect things in the client’s possession; remove and inspect any detected thing. (sec.77-ssec.3) Also, the practitioner may, with the administrator’s approval, remove and inspect all, or part of, the client’s other clothing and anything found in the clothing. (sec.77-ssec.4) However, the administrator may give the approval only if the administrator is reasonably satisfied it is necessary in the circumstances for carrying out the search. (sec.77-ssec.5) The practitioner may— exercise a power of inspection under subsection (2) only if the client is present or has been given the opportunity to be present; or exercise a power under subsection (2) (c) to (f) or (3) only if— the practitioner is the same sex as the client; and the search is carried out in a part of a building that ensures the client’s privacy. (sec.77-ssec.6) The practitioner must— carry out the search in a way that respects the client’s dignity to the greatest extent possible; and cause as little inconvenience to the client as is practicable in the circumstances. (sec.77-ssec.7) However, the practitioner may carry out the search with the help, and using the minimum force, that is necessary and reasonable in the circumstances.