Victorian Consolidated Regulations

Corrections Regulations 2009 - SECT 69

Strip searches at prisons

69. Strip searches at prisons



(1) Under this regulation-

   (a)  at least two officers may conduct a strip search; but

   (b)  the search must not be conducted by more officers than is reasonably
        necessary to ensure the safety of the officers and the prisoner.

(2) An escort officer or a prison officer referred to in subregulation (1)
must not conduct a strip search unless the Governor, or an officer authorised
by the Governor, believes on reasonable grounds that a strip search is
necessary for the security and good order of the prison in the following
situations-

   (a)  when a prisoner leaves or enters a prison;

   (b)  prior to or on completion of a contact visiting programme or a
        residential visiting programme;

   (c)  prior to the testing of substances referred to under regulation 76.

(3) In addition to subregulation (2), the Governor, or an officer authorised
by the Governor, may direct an escort officer or a prison officer to strip
search a prisoner at any other time if the Governor or authorised officer
believes on reasonable grounds that it is necessary for the security or good
order of the prison or the prisoners.





(4) In addition to subregulations (2) and (3), the Governor, or an officer
authorised by the Governor, may direct an escort officer or a prison officer
to strip search a prisoner at any other time if the Governor or authorised
officer believes on reasonable grounds that a prisoner is concealing anything
that-

   (a)  is an unauthorised substance or article;

   (b)  might be used in a way that involves-

   (i)  intimidating another person; or

   (ii) an offence or disciplinary breach; or

   (iii) a risk to the personal safety of anyone at a prison; or

   (iv) a risk to security or good order at a prison.

(5) A strip search of a prisoner may be conducted immediately after any
scanning search, garment search or pat-down search.

(6) Under this regulation, all escort officers or prison officers involved in
a strip search must ensure that-

   (a)  the strip search is conducted as expeditiously as possible to minimise
        the impact on the prisoner's dignity and self-respect, avoiding any
        unnecessary force; and

   (b)  the strip search is conducted in a private place or an area that-

   (i)  provides reasonable privacy for the prisoner being searched; and

   (ii) is only in the presence or sight of any person necessary to ensure the
        safety of escort officers, prison officers and the prisoner; and

   (c)  subject to section 23(2) of the Act, the strip search does not involve
        touching the prisoner's body; and

   (d)  the prisoner is allowed to dress in private immediately after the
        search is finished; and

   (e)  if clothing from a prisoner is seized during a strip search, an escort
        officer or a prison officer provides the prisoner with appropriate
        clothing to wear; and

   (f)  the prisoner is not searched by a person of the opposite sex, except
        where the search is urgently required and a person of the same sex as
        the person to be searched is unavailable to conduct the search.

(7) If a prisoner is strip searched under this regulation, the Governor must
keep a register containing at least the following information-

   (a)  the name of the person searched;

   (b)  the reason for the search;

   (c)  the date and time the search was conducted;

   (d)  the name of all escort officers and prison officers present at any
        time during the search; and

   (e)  details of anything seized during the search.