248Preservation of privacy and dignity during search

248 Preservation of privacy and dignity during search

(1) An authorised person who searches a person, so far as is reasonably practicable in the circumstances, must comply with this section.

(2) The authorised person must inform the person to be searched of the following matters—

(a) whether the person will be required to remove clothing during the search;

(b) why it is necessary to remove the person's clothing.

(3) The authorised person must ask for the person's cooperation.

(4) The authorised person must conduct the search—

(a) in a way that provides reasonable privacy for the person searched; and

(b) as quickly as is reasonably practicable; and

(c) if the person being searched is of or under the age of 16 years, in the presence of—

(i) a parent of the person; or

(ii) a carer or supporter of the person; or

(ii) if it is not reasonably practicable for a parent, carer or supporter to be present, another adult.

(5) The authorised person must conduct the least invasive kind of search practicable in the circumstances.

(6) So far as is reasonably practicable in the circumstances, a search that involves running the hands over the person's outer clothing must be conducted by—

(a) an authorised person of the gender nominated by the person to be searched; or

(b) an authorised person nominated by the person; or

(c) a person of the gender nominated by the person to be searched under the direction of an authorised person; or

(d) a person nominated by the person to be searched under the direction of an authorised person.

A person's gender is determined by how they identify.