500Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person

500 Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person

(1) Unless subsection (2) applies, if a pat-down search or an unclothed search is to be conducted of a child or young person—

(a) the youth justice custodial officer conducting the search must be of the same sex as the child or young person; and

(b) in the case of an unclothed search, the other youth justice custodial officer required under section 501(2) to be present for the search must also be of the same sex as the child or young person, unless—

(i) there are exceptional circumstances and the search is urgently required; and

(ii) a youth justice custodial officer of the same sex is not available.

(2) If a pat-down search or an unclothed search is to be conducted of a child or young person whose gender identity does not correspond to their sex designated at birth, to the extent that it is reasonably practicable and safe to do so—

(a) the youth justice custodial officer conducting the search must be of the sex or gender identity nominated by the child or young person; and

(b) in the case of an unclothed search, the other youth justice custodial officer required under section 501(2) to be present for the search must also be of the sex or gender identity nominated by the child or young person, unless—

(i) there are exceptional circumstances and the search is urgently required; or

(ii) a youth justice custodial officer of the nominated sex or gender identity is not available.

(3) A pat-down search or unclothed search of any child or young person must be conducted in a way that is sensitive to and respectful of the sex or gender identity of the child or young person.