New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 20

20 Transporting dependent person to treatment centre

(1) A transport officer may take a dependent person to or from a treatment centre.

(2) A transport officer may--

(a) use reasonable force in exercising functions under this section or any other provision of this Act applying this section, and

(b) restrain the dependent person in any way that is reasonably necessary in the circumstances.

(3) A transport officer may carry out a frisk search or an ordinary search of the dependent person, if the officer reasonably suspects the person is carrying anything--

(a) that would present a danger to the officer, the person or any other person, or

(b) that could be used to assist the person to escape from the officer's custody.

(4) The transport officer may seize and detain a thing found in a search if it is a thing of a kind mentioned in subsection (3) (a) or (b).

(5) In this section--

"frisk search" means--

(a) a search of a dependent person conducted by quickly running the hands over the person's outer clothing or by passing an electronic metal detection device over or in close proximity to the person's outer clothing, or

(b) an examination of any thing worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing.

"ordinary search" means a search of a dependent person or of articles in the possession of the person that may include--

(a) requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat, and

(b) an examination of those items.

"transport officer" means--

(a) a member of staff of the NSW Health Service,

(b) a police officer,

(c) a person of a class prescribed by the regulations.