25GDetermination of least intrusive type and manner of search

25G Determination of least intrusive type and manner of search

[Section 25G of Part 3 Inserted by No. 14 of 2022, s. 6, Applied:01 Dec 2022]

(1)  For the purposes of this Division, the degree of intrusiveness of the following types of searches is taken to increase in the following order:

(a) a search (which may be a search by way of a scanning device) that involves no touching of a youth or clothing being worn by a youth;

(b) a search that includes minimal touching of a youth or of clothing being worn by a youth;

(c) a search that includes the removal of some clothing being worn by a youth but that is not an unclothed search;

(d) a search that includes touching, that is more than minimal touching, of a youth or of clothing being worn by a youth;

(e) an unclothed search of a youth.

(2)  In determining for the purposes of this Division whether a search of a youth is, or is to be, conducted in the least intrusive manner that is necessary and reasonable to achieve a relevant search purpose for which the search is being, or is to be, conducted, the search officer, or relevant authorising officer, making the determination must have regard to –

(a) the health and safety of the youth; and

(b) any information that the search officer, or the relevant authorising officer, respectively, has, or that is, on reasonable inquiry by the officer, available to the officer, as to –

(i) the youth’s age, intellectual maturity, sex, sexual or gender identity, religion, disabilities and history; and

(ii) any other matter that is relevant to the determination.