509Commissioner for Youth Justice may order search

509 Commissioner for Youth Justice may order search

(1) If the Commissioner for Youth Justice is of the opinion that it is necessary to do so in the interests of the safety, security or stability of a youth justice custodial centre or the children and young persons held in custody in the youth justice custodial centre, the Commissioner may order at any time that a youth justice custodial officer carry out a pat-down search or a screening search of any person in the youth justice custodial centre.

(2) Subsection (1) does not apply to a judge of the Supreme Court or County Court or a magistrate.

(3) A person must not be asked under this section to submit to—

(b) a search of the person's body cavities.

(4) This section does not apply to a child or young person held in custody in a youth justice custodial centre.

510 General requirements for search of a person other than a child or young person detained in a youth justice custodial centre

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

(a) a pat-down search;

(b) a screening search.

(2) A search of a 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 person being searched, including the person's decency, dignity and privacy; and

(b) if the person being searched is under 18 years of age, the person's individual characteristics and background (to the extent known and reasonably practicable in the circumstances) including—

(iii) cultural background or status as an Aboriginal person; and

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

(4) Before a search is conducted of a person, the person must be informed—

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

(b) that the person has the right to refuse to be searched; and

(c) of the consequences of that refusal.

(5) If a person consents to a search, the youth justice custodial officer who is to conduct the search must ask the person if the person has in their possession any prohibited item.

(6) If the person does have in their possession a prohibited item—

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