Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The director-general may direct a corrections officer to strip search a detainee at a correctional centre if—
(a) the director-general believes on reasonable grounds that it is prudent to search the detainee for a seizeable item that may be concealed on or in the detainee because the detainee—
(i) has recently not been under the control or immediate supervision of a corrections officer for a period; and
(ii) during the period, may have had an opportunity to obtain a seizeable item; and
(b) a scanning search may assist in detecting the item but—
(i) the means of conducting the search is not available at the correctional centre; or
(ii) if the means of conducting the search is available—the scanning search is not likely to detect more than a limited range of seizeable items; or
(iii) the search could only be carried out using force that would be likely to make it ineffectual; and
(c) a frisk search or ordinary search is not likely to detect more than a limited range of seizeable items.
Example—par (a) (ii)
the detainee has had a personal contact visit by someone who is not an accredited person
Example—par (b) (ii)
a metal detector
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) Without limiting section 14 (Corrections policies and operating procedures), the director-general must make a corrections policy or operating procedure in relation to strip searches under this section.