Victorian Numbered Regulations

CHILDREN, YOUTH AND FAMILIES REGULATIONS 2017 (SR NO 19 OF 2017) - REG 34

    (1)     For the purposes of section 488AD(6)(c) of the Act, the prescribed requirements are that an officer carrying out a search—

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

        (b)     in the case of a unclothed search—

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

              (ii)     subject to section 488AC(3) of the Act, must not touch the detainee's body; and

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

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

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

    (2)     The officer 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 detainee who is subjected to the unclothed search;

        (b)     the reason for the unclothed search;

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

        (d)     the name and gender of all officers present at any time during the unclothed search;

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