499General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre

499 General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre

(1) This section applies to any of the following searches conducted under this Division of a child or young person held in custody in a youth justice custodial centre—

(a) a pat-down search;

(b) a screening search;

(c) an unclothed search.

(2) Any search of a child or young person must be the least intrusive kind of search that is necessary and reasonable in the circumstances.

(3) A search must be conducted expeditiously and sensitively having regard to—

(a) promoting the rights and interests of the child or young person being searched, including the child's or young person's decency, dignity and privacy; and

(b) the child's or young person's individual characteristics and background including—

(c) the need to minimise causing trauma, distress or other harm to the child or young person who is being searched.

(4) Before conducting a search of a child or young person, a youth justice custodial officer must inform the child or young person—

(a) of the youth justice custodial officer's authority to conduct the search and the reasons for conducting the search; and

(b) that the child or young person has the right to complain about the conduct of the search to the Secretary, and the process for making a complaint; and

(c) that the child or young person may complain to an oversight entity about the conduct of the search, and the process for making a complaint.

(5) Before conducting the search, a youth justice custodial officer who is to conduct the search must ask the child or young person if they have in their possession any prohibited item.

(6) If the child or young person does have in their possession a prohibited item referred to subsection (5)—

(a) if the youth justice custodial officer considers it safe to do so, the must ask the child or young person to produce the item; or

(b) otherwise, the youth justice custodial officer may seize the item.

(7) A youth justice custodial officer must not undertake a search of a child or young person held in custody in a youth justice custodial centre unless the officer is appropriately trained to conduct that kind of search of a child or young person.

(8) A youth justice custodial officer carrying out a search of a child or young person held in custody in a youth justice custodial centre must comply with any other prescribed requirement.