Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 510

    (1)     This section applies to any of the following searches of a person other than a child or young person held in custody in a youth justice custodial centre—

        (a)     a pat-down search;

        (b)     a screening search.

    (2)     A search of a person must be the least intrusive kind of search that is necessary and reasonable in the circumstances.

    (3)     A search must be conducted expeditiously and sensitively having regard to—

        (a)     promoting the rights and interests of the person being searched, including the person's decency, dignity and privacy; and

        (b)     if the person being searched is under 18 years of age, the person's individual characteristics and background (to the extent known and reasonably practicable in the circumstances) including—

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

              (ii)     gender; and

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

              (iv)     physical and mental health; and

              (v)     disability; and

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

        (c)     the need to minimise causing trauma, distress or other harm to the person who is being searched.

    (4)     Before a search is conducted of a person, the person must be informed—

        (a)     of the youth justice custodial officer's authority to conduct the search and the reasons for conducting the search; and

        (b)     that the person has the right to refuse to be searched; and

        (c)     of the consequences of that refusal.

    (5)     If a person consents to a search, the youth justice custodial officer who is to conduct the search must ask the person if the person has in their possession any prohibited item.

    (6)     If the person does have in their possession a prohibited item—

        (a)     if the youth justice custodial officer considers it safe to do so, must ask the person to produce the item; or

        (b)     otherwise, the youth justice custodial officer may seize the item.

    (7)     A youth justice custodial officer must not undertake a search of a person unless the officer is appropriately trained to conduct that kind of search.

    (8)     A youth justice custodial officer carrying out a search of a person must comply with any other prescribed requirement.