Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 106

106 Protecting the dignity of persons during search

(1) If reasonably practicable—

(a) the authorised commission officer must, before conducting the search—

(i) tell the person he or she will be required to remove clothing during the search; and

(ii) tell the person why it is necessary to remove the clothing; and

(iii) ask for the person’s cooperation; and

(b) the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress his or her upper body before being required to remove items of clothing from the lower part of the body.

(2) The search must be conducted in a way providing reasonable privacy for the person.

Example for subsection (2)—

Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone of the opposite sex and by anyone who does not need to be present.

(3) Also, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished.

(4) A regulation may prescribe other requirements and procedures for ensuring the effective carrying out of the search.