New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 253J

253J Conduct of search

(1) A correctional officer, in conducting a search under section 253I, may direct a person to do any or all of the following--

(a) to submit to scanning by means of an electronic scanning device,

(b) to empty the pockets of the person's clothing,

(c) to remove any hat, gloves, coat, jacket or shoes worn by the person,

(d) to empty the contents of any bag or other thing, or to open any thing, that the person has with him or her, or has left in a vehicle,

(e) in the case of a visitor to the place of detention--to make available for inspection and search any item stored in a storage facility allocated to the visitor,

(f) in the case of a correctional officer or a non-correctional member of staff--to make available for inspection and search any room or locker that is under the officer's or member of staff's control at the place of detention,

(g) in the case of an adult accompanying a child or a person who has impaired intellectual functioning--to assist the child or person to co-operate with a search.

(2) A correctional officer, in conducting a search under section 253I, may direct a person to produce--

(a) anything that the correctional officer has detected or seen during the search on or with the person, or in a vehicle in which the person is or was present, and has reasonable grounds to suspect may provide evidence of the commission of a relevant offence, or

(b) anything detected during the search by an electronic detection device, or

(c) anything indicated by a dog reacting positively to its presence.

(3) In conducting a search of a person under section 253I, a correctional officer--

(a) must conduct the search with due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search, and

(b) must not direct a person to remove any item of clothing being worn by the person, other than a hat, gloves, coat, jacket or shoes, and

(c) must not search a person by running the officer's hands over the person's clothing.

(4) A search of a person conducted by a correctional officer under section 253I must, if practicable, be conducted by a correctional officer of the same sex as the person being searched.

(5) A search of a child or of a person who has impaired intellectual functioning must be conducted in the presence of--

(a) an adult who accompanied the child or the person to the place of detention (or its immediate vicinity), or

(b) if there is no such adult--a search observation staff member.

(6) Regulations may be made for or with respect to the manner in which correctional officers are to conduct searches under section 253I.