Page 2513 - Week 07 - Tuesday, 1 July 2008
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MS GALLAGHER (Molonglo—Minister for Health, Minister for Children and Young People, Minister for Disability and Community Services, Minister for Women) (5.28): I seek leave to move amendments Nos 21 to 23 circulated in my name together.
Leave granted.
MS GALLAGHER: I move amendments Nos 21 to 23 circulated in my name together [see schedule 2 at page 2542].
The government amendment to subclause (1) (a) adds a new provision to enable the chief executive to conduct a scanning search, frisk search or ordinary search of people, other than young detainees, to uphold the safety and security at a detention place. This will permit the routine conduct of low-level searches of anyone working or visiting a detention place.
This power is expressed in similar terms in the Corrections Management Act 2007, section 101 (1), in relation to a corrections officer or anyone else working at or visiting a correctional centre. Subclause (1) (b) of this amendment retains the power to conduct a scanning search, frisk search or ordinary search of people, other than young detainees, if the chief executive suspects the person is carrying a prohibited thing or anything else that is at risk or likely to create a risk to safety, security or good order at the place.
The government amendment to subclause (2) requires the youth detention officer who conducts a frisk search or ordinary search of a person to tell the person about the search and the reasons for the search, to ask for the person’s cooperation and to conduct the search in a private area or an area that provides reasonable privacy. Subclause (2) paragraphs (a) and (b) require that the youth detention officer who conducts the search is an officer of the same sex as the person, or that another person, not a young detainee, of the same sex as the person to be searched is present while the search is conducted. This is expressed in similar terms in the Corrections Management Act 2007.
Amendments agreed to.
Clause 273, as amended, agreed to.
Clauses 274 to 285, by leave, taken together and agreed to.
Clause 286.
MS GALLAGHER (Molonglo—Minister for Health, Minister for Children and Young People, Minister for Disability and Community Services, Minister for Women) (5.31): I seek leave to move amendments Nos 24 to 26 circulated in my name.
Leave granted.
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