Youth Justice Amendment (Searches in Custody) Bill 2020 - Have your say

The Government is amending the Youth Justice Act 1997 in relation to the searches of youth in custody in custodial facilities. These amendments are part of the Government’s response to the Commissioner of Children and Young People’s Memorandum of Advice to government in relation to the searches of children and young people in custody in custodial facilities dated May 2019.

The draft Bill proposes to:

  • Create a consolidated discretionary power for an authorised officer to search a youth in custody in custodial facilities or in transit between custodial facilities.
  • Expressly provide that the amendments do not authorize the carrying out of a body cavity search that is not specially authorized under a provision of an Act or instrument of an Act. As such these type of searches remain within the existing legal frameworks and the relevant authority and protections.
  • Provide that the search is to be conducted when there are reasonable grounds that the search is necessary for a defined purpose.
  • Provide that the search is, as far as practicable:
    • the least intrusive search that is necessary and reasonable to achieve the purposes of the search;
    • conducted in the least intrusive way that is necessary and reasonable to achieve the purposes of the search; and
    • carried out in circumstances that accord reasonable privacy to the youth.
  • Provide that the search is conducted, where reasonable and practicable, by an officer of the same gender of the youth or where the youth presents as, or informs that they are, transsexual, transgender or intersex by an officer of the gender requested.
  • Provide that force may be used that is reasonable and necessary in the circumstances to conduct the search.
  • Provide that regulations may prescribe requirements in relation to the establishment and maintenance of search registers.

Download the draft Bill: Youth Justice Amendment (Searches in Custody) Bill 2020 (PDF, 234.2 KB)

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on the Department of Justice website.

Submissions will be published once the Government’s consideration of submissions has concluded.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.