Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Where the
superintendent requires a search of a person pursuant to section 49 of
the Act and that person is required to remove any clothing for the purposes of
the search then, in addition to the requirements set down in
regulation 80(1) and (3) —
(a) the
superintendent may request the presence of a medical officer during the
search;
(b) the
search shall be conducted in the presence of not more than 2 officers unless
the superintendent orders otherwise in the interests of security of the prison
or to overcome actual resistance offered to the search.
(2) Subject to
section 49(4) of the Act and to subregulation (1)(a), a search under
this regulation shall not be conducted by or in the presence or within the
sight of any person who is not of the same sex as the person being searched.
(3) A search of a
person shall be conducted expeditiously, with regard to decency and
self‑respect and in accordance with any relevant rules or standing
orders.
(4) The superintendent
shall keep or cause to be kept a record of every search of a person pursuant
to section 49 of the Act where the person is required to remove any
clothing and the record shall include —
(a) the
name and address of the person;
(b) the
identity of the prisoner that the person was visiting, or intended to visit;
(c) the
nature of the search;
(d) a
description of any article seized; and
(e) any
other relevant details.
(5) Where any article
is seized after a search under this regulation, the superintendent shall as
soon as practicable notify the chief executive officer who shall make a
direction under section 49(5) of the Act.
(6) This regulation
applies in the case of a search where a person is required to undress and be
searched visually and by hand and in the case of an examination of body
orifices.
[Regulation 81 amended in Gazette
11 Dec 1987 p. 4369; 2 Nov 1999 p. 5474 and
5475; 12 Apr 2001 p. 2101.]
[Heading inserted in Gazette 7 Oct 1997
p. 5609.]