Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129S

129S Limits on frisk searching detained person who is a child or person with impaired capacity

(1) This section applies if a transit officer frisk searches a child, or a person with impaired capacity, who may not be able to understand the purpose of the search.

(2) The transit officer must conduct the frisk search in the presence of—

(a) if a responsible person for the child or person is at or in the immediate vicinity of the place where the frisk search is to be conducted—the responsible person; or

(b) otherwise—another authorised person.

(3) In this section—

"responsible person" means—

(a) for a child—

(i) the child’s parent or guardian; or

(ii) a person who has lawful custody of the child; or

(iii) a person who has the day-to-day care and control of the child; or

(iv) an adult relative or friend acceptable to the child; or

(b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person.