Queensland Consolidated Acts

CORRECTIVE SERVICES ACT 2006 - SECT 39

(1) The chief executive may authorise a doctor to conduct a body search of a prisoner if the chief executive reasonably believes—

(a) the prisoner has ingested something that may jeopardise the prisoner's health or wellbeing; or

(b) the prisoner has a prohibited thing concealed within his or her person that may potentially be used in a way that may pose a risk to the security or good order of the facility; or

(c) the search may reveal evidence of the commission of an offence or breach of discipline by the prisoner.

(2) A nurse must be present during the body search, and if the doctor is not of the same sex as the prisoner, the nurse must be of the same sex.

(3) If the doctor reasonably requires help to conduct the body search, the doctor may ask another person to help the doctor.

(4) Except in an emergency, the other person must be of the same sex as the prisoner.

(5) The doctor may seize anything discovered during the body search if—

(a) seizing the thing would not be likely to cause grievous bodily harm to the prisoner; and

(b) the doctor reasonably believes the thing may be evidence of the commission of an offence or breach of discipline by the prisoner.

(6) The doctor must give a seized thing to a corrective services officer as soon as practicable after seizing it.