111Searches

111 Searches

(1)  [Section 111 Subsection (1) amended by No. 4 of 2023, s. 114, Applied:25 Sep 2023] The Chief Psychiatrist may, in relation to an SMHU, authorise or direct an authorised person to carry out searches for –

(a) the management, good order or security of the SMHU; or

(b) the safety of any persons in the SMHU.

(2)  The authorisation or direction constitutes full and sufficient authority for the authorised person to carry out the relevant search, subject to this section, without further formality.

(3)  [Section 111 Subsection (3) amended by No. 4 of 2023, s. 114, Applied:25 Sep 2023] If the authorisation or direction is given orally, it must be confirmed in writing in an approved form.

(4)  However, the authorisation or direction cannot apply to privileged visitors unless it is in writing.

(5)  The authorisation or direction may do one or more of the following:

(a) be for a specific search or, in the nature of a standing order, for a search to be carried out, either routinely or randomly, at certain times or when certain circumstances apply;

(b) confer related discretions on the authorised person, whether as to timing and search protocol;

(c) provide for the use of specified search equipment or techniques.

(6)  A search may be of –

(a) any part of the SMHU; or

(b) anything in the SMHU; or

(c) anything being delivered to or removed from the SMHU or any vehicle, conduit or other thing being used in connection with that delivery or removal; or

(d) any forensic patient, visitor, staff member or other person in the SMHU; or

(e) clothing, personal belongings, physical aids, containers or any other thing in or under the possession or control of a forensic patient, visitor, staff member or other person in the SMHU; or