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Thursday, 12 December 2002
Page: 7848

Senator ELLISON (Minister for Justice and Customs) (10:52 AM) —by leave—I move government amendments (23) and (24) on sheet DT377:

(23) Schedule 1, item 24, page 21 (line 24), omit “subsection (3)”, substitute “subsections (3) and (3A)”.

(24) Schedule 1, item 24, page 22 (after line 27), after subsection (3), insert:

(3A) Paragraph (1)(c) does not apply to a parent, guardian or personal representative of the person being searched if the person being searched has no objection to the person being present.

The conduct of strip searches is governed by strict rules. The rules in the bill are taken from those in the Crimes Act and it was always intended that they should be consistent with the Crimes Act. Under the Crimes Act a person may not be searched in the presence of someone of the opposite sex unless the second person is a medical practitioner or a parent, guardian or other representative of the person and the person consents. The bill provides for medical practitioners to be present during a search but is silent in respect of parents, guardians or other representatives. In order to make the bill consistent with the Crimes Act, government amendments (23) and (24) amend the bill to allow a person to consent to the presence of a parent, guardian or other representative during a search, even if they are of the opposite sex.