Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 497

    (1)     The unclothed search of a child or young person held in custody in a youth justice custodial centre is prohibited unless it has been authorised by the Commissioner for Youth Justice in accordance with this section.

    (2)     Subject to subsection (3), the Commissioner for Youth Justice may authorise an unclothed search of a child or young person held in custody in a youth justice custodial centre if the Commissioner believes on reasonable grounds that—

        (a)     the child or young person has concealed something on their body; and

        (b)     an unclothed search to locate any concealed thing is necessary in the interests of—

              (i)     the security of the youth justice custodial centre; or

              (ii)     the health, safety or wellbeing of the child or young person who would be the subject of the search or any other person in the youth justice custodial centre; and

        (c)     the unclothed search is necessary as a last resort having regard to the child's or young person's individual characteristics and background including—

              (i)     age, maturity and stage of development; and

              (ii)     gender; and

              (iii)     cultural background or status as an Aboriginal child or young person; and

              (iv)     physical and mental health; and

              (v)     disability; and

              (vi)     history of trauma, placement in out of home care or family violence.

    (3)     The Commissioner for Youth Justice must not authorise an unclothed search unless the Commissioner is satisfied that all of the following search methods have first been considered and used if safe to do so—

        (a)     a screening search, including a screening search conducted with the assistance of all reasonably available technology;

        (b)     a pat-down search.