Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 583

    (1)     Before an unclothed search of a child held in custody in a police gaol is conducted, a police gaol officer must inform the child—

        (a)     of the police gaol officer's authority to conduct the unclothed search and the reasons for conducting the search; and

        (b)     that the child has the right to complain to the Chief Commissioner of Police about the conduct of the unclothed search, and the process for making a complaint; and

        (c)     that the child may complain to an oversight entity about the conduct of the unclothed search, and the process for making a complaint.

    (2)     Before an unclothed search of a child held in custody in a police gaol is conducted, a police gaol officer must ask the child whether the child has any prohibited thing in their possession.

    (3)     If the child has a prohibited thing in their possession, before an unclothed search of the child is conducted, the police gaol officer—

        (a)     must ask the child to produce the thing, if the officer considers it safe to do so; and

        (b)     may seize the thing.

    (4)     In this section—

"prohibited thing" means—

        (a)     any article or thing that jeopardises or is likely to jeopardise the security or good order of the police gaol or the safety of any person in the police gaol; or

        (b)     any other prescribed article or thing—

but does not include any article or thing which the child is authorised by the officer in charge of the police gaol to possess.