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)
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