sec.26Body search

sec.26 Body search

The chief executive may authorise a doctor to conduct a body search of a child detained in a detention centre if the chief executive reasonably believes the child is in possession of a thing that may— threaten the security or good order of the centre; or endanger, or be used to endanger, the child or another person. If reasonably practicable— the doctor must be— for a child who has an accepted nomination if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination in accordance with the child’s order of preference (if any); or for a child to whom section 11C applies— for a nomination made by the child under that section if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination; or otherwise—a doctor who the chief executive considers appropriate to conduct the search; or otherwise—of the same sex as the child; and before conducting the search, the doctor must— tell the child the child will be required to remove some clothing during the search; and tell the child why it is necessary to remove some clothing; and ask the child to cooperate with the search; and the child must be given the opportunity to remain partly clothed during the search, for example, by allowing the child to dress the child’s upper body before being required to remove items of clothing from the lower part of the body. The search must be conducted— in a way providing reasonable privacy for the child; and Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the child being searched can not be seen by anyone who does not need to be present. as quickly as reasonably practicable. The child must be allowed to dress as soon as the search is finished. The child must comply with a direction given for the purpose of the search. If the doctor needs help to carry out the search, including, for example, because the child has refused to cooperate with the search, the doctor may ask a detention centre employee to assist with the search. If reasonably practicable, the assisting detention centre employee must be— for a child who has an accepted nomination if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination in accordance with the child’s order of preference (if any); or for a child to whom section 11C applies— for a nomination made by the child under that section if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination; or otherwise—a detention centre employee who the chief executive considers appropriate to conduct the search; or otherwise—of the same sex as the child. The assisting detention centre employee may use reasonable force to assist with the search if— the employee has successfully completed physical intervention training approved by the chief executive; and the employee reasonably believes the search can not be carried out in another way. s 26 amd 2024 SL No. 232 s 8 (sec.26-ssec.1) The chief executive may authorise a doctor to conduct a body search of a child detained in a detention centre if the chief executive reasonably believes the child is in possession of a thing that may— threaten the security or good order of the centre; or endanger, or be used to endanger, the child or another person. (sec.26-ssec.2) If reasonably practicable— the doctor must be— for a child who has an accepted nomination if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination in accordance with the child’s order of preference (if any); or for a child to whom section 11C applies— for a nomination made by the child under that section if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination; or otherwise—a doctor who the chief executive considers appropriate to conduct the search; or otherwise—of the same sex as the child; and before conducting the search, the doctor must— tell the child the child will be required to remove some clothing during the search; and tell the child why it is necessary to remove some clothing; and ask the child to cooperate with the search; and the child must be given the opportunity to remain partly clothed during the search, for example, by allowing the child to dress the child’s upper body before being required to remove items of clothing from the lower part of the body. (sec.26-ssec.3) The search must be conducted— in a way providing reasonable privacy for the child; and Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the child being searched can not be seen by anyone who does not need to be present. as quickly as reasonably practicable. (sec.26-ssec.4) The child must be allowed to dress as soon as the search is finished. (sec.26-ssec.5) The child must comply with a direction given for the purpose of the search. (sec.26-ssec.6) If the doctor needs help to carry out the search, including, for example, because the child has refused to cooperate with the search, the doctor may ask a detention centre employee to assist with the search. (sec.26-ssec.7) If reasonably practicable, the assisting detention centre employee must be— for a child who has an accepted nomination if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination in accordance with the child’s order of preference (if any); or for a child to whom section 11C applies— for a nomination made by the child under that section if it is reasonably practicable to comply with the nomination in the circumstances—of the sex stated in the nomination; or otherwise—a detention centre employee who the chief executive considers appropriate to conduct the search; or otherwise—of the same sex as the child. (sec.26-ssec.8) The assisting detention centre employee may use reasonable force to assist with the search if— the employee has successfully completed physical intervention training approved by the chief executive; and the employee reasonably believes the search can not be carried out in another way.