Victorian Numbered Regulations

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CHILDREN, YOUTH AND FAMILIES REGULATIONS 2017 (SR NO 19 OF 2017) - REG 20

Prescribed requirements for conducting searches

    (1)     For the purposes of section 72F(3)(c) of the Act, the prescribed requirements are that a staff member carrying out a search—

        (a)     must ensure that the search is not conducted by more staff members than are reasonably necessary to ensure the safety of the staff members and the person being searched; and

        (b)     in the case of an unclothed search—

              (i)     must conduct the search in a private place or an area that provides reasonable privacy for the child resident being searched; and

              (ii)     subject to section 72D(3) of the Act, must not touch the child resident's body; and

              (iii)     must allow the child resident to dress in private immediately after the search is finished; and

              (iv)     if an item of clothing is seized from a child resident during a search, must provide the child resident with appropriate clothing to wear; and

              (v)     must enter information in a register in accordance with subregulation (2).

    (2)     The staff member in charge must establish and maintain a register that includes the following information in relation to each unclothed search carried out—

        (a)     the name of the child resident who is subjected to the unclothed search;

        (b)     the name and position of the person who caused the unclothed search to be conducted;

        (c)     the reason for the unclothed search;

        (d)     the date and time the unclothed search was conducted;

        (e)     the name and gender of all staff members present at any time during the unclothed search;

        (f)     details of any article or thing seized during the unclothed search.



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