Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 400

400 Requirements for search requiring removal of clothing

(1) A search under division 3 or 4 requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.

(2) Each person carrying out the search (each a
"searcher" ) must be of the same gender as the person being searched.

(3) Before carrying out the search, 1 of the searchers must tell the person—

(a) that the person will be required to remove the person’s clothing during the search; and

(b) why it is necessary to remove the clothing.

(4) The searcher must—

(a) ensure the search is carried out in a part of a building that ensures the person’s privacy; and

(b) ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and

(c) take reasonable care to protect the person’s dignity; and

(d) carry out the search as quickly as practicable; and

(e) allow the person to dress as soon as the search is finished.

(5) The searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress the person’s upper body before being required to remove clothing from the lower part of the body.

(6) If the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.