(1)  The Chief Psychiatrist may, in relation to an SMHU, authorise or direct an authorised person to carry out searches for –

(a) the management, good order or security of the SMHU; or

(b) the safety of any persons in the SMHU.

(2)  The authorisation or direction constitutes full and sufficient authority for the authorised person to carry out the relevant search, subject to this section, without further formality.

(3)  If the authorisation or direction is given orally, it must be confirmed in writing in an approved form.

(4)  However, the authorisation or direction cannot apply to privileged visitors unless it is in writing.

(5)  The authorisation or direction may do one or more of the following:

(a) be for a specific search or, in the nature of a standing order, for a search to be carried out, either routinely or randomly, at certain times or when certain circumstances apply;

(b) confer related discretions on the authorised person, whether as to timing and search protocol;

(c) provide for the use of specified search equipment or techniques.

(6)  A search may be of –

(a) any part of the SMHU; or

(b) anything in the SMHU; or

(c) anything being delivered to or removed from the SMHU or any vehicle, conduit or other thing being used in connection with that delivery or removal; or

(d) any forensic patient, visitor, staff member or other person in the SMHU; or

(e) clothing, personal belongings, physical aids, containers or any other thing in or under the possession or control of a forensic patient, visitor, staff member or other person in the SMHU; or

(f) the information held on a computer, mobile phone or other device.

(7)  A search of a person, or of anything in or under a person's possession or control, may be conducted without the person's consent.

(8)  If a person other than a forensic patient or SMHU staff member refuses to submit to or hinders a search, an authorised person may direct the person to leave the SMHU forthwith or by a specified time.

(9)  A person must comply with a direction under subsection (8) .

Penalty:  Fine not exceeding 25 penalty units.

(10)  If a person refuses or fails to comply with a direction under subsection (8)  –

(a) an authorised person may detain the person for such time as is necessary for the person to be arrested by a police officer under paragraph (b) ; and

(b) a police officer may arrest the person without warrant.

(11)  Unless the Chief Psychiatrist directs otherwise in a particular case, a search that involves any touching or undressing of a person, or any touching of a person's clothing or personal belongings, must be carried out –

(a) by an authorised person of the same gender as that person and only in the presence of persons of that gender; and

(b) in privacy.

(12)  An authorised person who carries out a search may –

(a) use such force, means and assistance as he or she considers reasonably necessary for the purpose; and

(b) ask and require answers to questions as to the source, identity, nature, purpose, properties or contents of anything found.

(13)  Under this section, the controlling authority of the SMHU has the same discretionary powers as the Chief Psychiatrist but, in the event of any disagreement between them, the decision of the Chief Psychiatrist prevails.

(14)  In this section –

search means a search carried out by manual, animal detection, electronic or mechanical means, or by any combination of those means;

SMHU includes its immediate precincts.