Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) A search—
(a) must be conducted in a private area; and
(b) must be conducted in the presence of a necessary person; and
(c) must not be conducted in the presence or view of—
(i) a person of the opposite sex to the person being searched; and
(ii) a person other than the escort conducting the search and, if required, a necessary person; and
(d) must be conducted by an escort of the same sex as the person being searched; and
(e) must not involve the removal of more clothing than the escort carrying out the search believes on reasonable grounds to be necessary to find out if the person has a seizable item and to seize that item; and
(f) must not involve more visual inspection than the escort believes on reasonable grounds to be necessary to find out if the person has a seizable item.
(2) However, if no escort or necessary person of the same sex as the person to be searched is available, within a reasonable time, for a search of the person, the search may be conducted—
(a) by an escort, who is authorised by the designated escort, of the opposite sex to the person; or
(b) in the presence of a necessary person, who is authorised by the designated escort, of the opposite sex to the person.
(3) The escort conducting a search involving the removal of clothing must, immediately after completing the search, return the clothing to the person.
(4) Subregulation (2) does not apply in relation to a child or young person.
(5) If a search is conducted by an escort of the opposite sex to the person being searched, the designated escort must make a record of the search and the reason it was conducted by an escort of the opposite sex to the person being searched.
(6) If a search is conducted by an escort of a child or young person who is 10 years old or older, the search must be conducted in the presence of—
(a) someone with parental responsibility for the child or young person; or
(b) if that is not acceptable to the child or young person, someone else (other than the chief executive) who is capable of representing the interests of the child or young person and who, as far as practicable in the circumstances, is acceptable to the child or young person.
(7) Despite subregulation (2), a search of a child or young person may be conducted in the presence of a doctor of the opposite sex to the child or young person searched, if a doctor of the same sex as the child or young person is not available in a reasonable time.
(8) In this regulation:
"child"—see the Children and Young People Act 1999 , section 7.
"necessary person" means—
(a) if the physical or mental health of the person being searched makes it desirable—a doctor or nurse; and
(b) if the search is conducted using force—the minimum number of other escorts necessary to enable the search to be conducted; and
(c) if no person mentioned in paragraph (a) or (b) is present—a person approved in writing by the designated escort.
"parental responsibility"—see the Children and Young People Act 1999 , section 17.
"young person"—see the Children and Young People Act 1999 , section 8.