161Search of detainees

161 Search of detainees (1) The superintendent of a detention centre may direct a detainee to submit to a search only as permitted by this section.

Youth Justice Act 2005 110 (2) The superintendent of a detention centre may direct a detainee to submit to a screening search or a pat down search in the following circumstances: (a) when the detainee is admitted to the detention centre; (b) on the detainee temporarily leaving, or returning to, the detention centre; (c) on the detainee being transferred from the detention centre to a custodial correctional facility or another detention centre; (d) if the superintendent believes on reasonable grounds that: (i) the search is necessary to ensure the safety of any person who is within the precincts of the detention centre, including the detainee; or (ii) the search is necessary to ensure the good order or security of the detention centre; or (iii) the detainee possesses a prohibited thing. Example for subsection (2)(b) When a detainee is returned to a detention centre after an unlawful absence. (3) The superintendent of a detention centre may direct a detainee to submit to a personal search if: (a) the superintendent believes on reasonable grounds that the search is necessary to prevent a risk of harm to the detainee or another person; and (b) the detainee has already submitted to a pat down search under subsection (2). (4) A person conducting a search of a detainee under this section may use the force that is reasonably necessary to conduct the search. Note for subsection (4) (4A) The superintendent of a detention centre may confiscate a thing found during a search that the superintendent believes on reasonable grounds is: (a) a prohibited thing; or (b) connected with an offence against this Act.

Youth Justice Act 2005 111 (5) A search of a detainee must be conducted in accordance with the Regulations. (6) In this section: pat down search means a search conducted by feeling clothing from the outside for objects concealed in or beneath the clothing. personal search means a search of a person that may include: (a) requiring the person to remove the person's clothes; and (b) an examination of the person's body (but not of the person's body cavities) and of those clothes. prohibited thing means a thing to which one or more of the following applies: (a) it is offensive, indecent, obscene, threatening or abusive; (b) it is a mobile communications device; (c) it might reasonably constitute a threat to national security; (d) it might reasonably constitute a threat to the safety, good order or security of a detention centre or a detainee; (e) possession of it is unlawful under a law of the Territory, the Commonwealth or a State; (f) it is reasonable to infer from possession of it, an intention to facilitate, incite or use the thing in connection with an unlawful activity; (g) it may have a detrimental influence or effect on a detainee; (h) if it is written – it is in a language other than English or in code, and is not readily translatable to English; (i) it is prescribed as a prohibited thing by the Regulations. screening search means a search by equipment that is designed to carry out the search without touching the person.