sec.129SLimits on frisk searching detained person who is a child or person with impaired capacity

### sec.129S Limits on frisk searching detained person who is a child or person with impaired capacity This section applies if a transit officer frisk searches a child, or a person with impaired capacity, who may not be able to understand the purpose of the search. The transit officer must conduct the frisk search in the presence of— if a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or otherwise—another authorised person. In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person. s 129S ins 2008 No. 67 s 223 (sec.129S-ssec.1) This section applies if a transit officer frisk searches a child, or a person with impaired capacity, who may not be able to understand the purpose of the search. (sec.129S-ssec.2) The transit officer must conduct the frisk search in the presence of— if a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or otherwise—another authorised person. (sec.129S-ssec.3) In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person. - (a) if a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or - (b) otherwise—another authorised person. - (a) for a child— (i) the child’s parent or guardian; or (ii) a person who has lawful custody of the child; or (iii) a person who has the day-to-day care and control of the child; or (iv) an adult relative or friend acceptable to the child; or - (i) the child’s parent or guardian; or - (ii) a person who has lawful custody of the child; or - (iii) a person who has the day-to-day care and control of the child; or - (iv) an adult relative or friend acceptable to the child; or - (b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person. - (i) the child’s parent or guardian; or - (ii) a person who has lawful custody of the child; or - (iii) a person who has the day-to-day care and control of the child; or - (iv) an adult relative or friend acceptable to the child; or