QLDIn ForceAct
Public Health Act 2005
sec.157YPower to search on belief of possession of harmful thing
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### sec.157Y Power to search on belief of possession of harmful thing
This section applies if a doctor or health practitioner believes the person may have possession of a harmful thing.
The doctor or health practitioner may—
carry out a general search, scanning search or personal search of the person; and
if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and
carry out a search of the person’s possessions.
The person in charge of the public sector health service facility may give approval under subsection (2) (b) if the person in charge believes that a search requiring the removal of clothing is necessary in the circumstances.
A search under this section may be carried out without the person’s consent.
However, before carrying out a search under this section, the doctor or health practitioner must tell the person the reasons for the search and how it is to be carried out.
A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.
s 157Y ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (37) – (38) )
(sec.157Y-ssec.1) This section applies if a doctor or health practitioner believes the person may have possession of a harmful thing.
(sec.157Y-ssec.2) The doctor or health practitioner may— carry out a general search, scanning search or personal search of the person; and if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and carry out a search of the person’s possessions.
(sec.157Y-ssec.3) The person in charge of the public sector health service facility may give approval under subsection (2) (b) if the person in charge believes that a search requiring the removal of clothing is necessary in the circumstances.
(sec.157Y-ssec.4) A search under this section may be carried out without the person’s consent.
(sec.157Y-ssec.5) However, before carrying out a search under this section, the doctor or health practitioner must tell the person the reasons for the search and how it is to be carried out.
(sec.157Y-ssec.6) A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.
- (a) carry out a general search, scanning search or personal search of the person; and
- (b) if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and
- (c) carry out a search of the person’s possessions.