# Searches of detainees—rules for conducting a strip search

> act-s252B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

252B Searches of detainees—rules for conducting a strip search
          (1) A strip search of a detainee under section 252A:
               (a) must not subject the detainee to greater indignity than is
                    reasonably necessary to conduct the strip search; and








                 (b) must be conducted in a private area; and
                 (c) must be conducted by an authorised officer of the same sex
                      as the detainee; and
                 (d) subject to subsections (2), (3) and (5), must not be conducted
                      in the presence or view of a person who is of the opposite sex
                      to the detainee; and
                 (e) subject to subsections (2), (3) and (5), must not be conducted
                      in the presence or view of a person whose presence is not
                      necessary for the purposes of the strip search; and
                  (f) must not be conducted on a detainee who is under 10; and
                 (g) if the detainee is at least 10 but under 18, or is incapable of
                      managing his or her affairs—must be conducted in the
                      presence of:
                        (i) the detainee’s parent or guardian if that person is in
                            immigration detention with the detainee and is readily
                            available at the same place; or
                       (ii) if that is not acceptable to the detainee or
                            subparagraph (i) does not apply—another person (other
                            than an authorised officer) who is capable of
                            representing the detainee’s interests and who, as far as is
                            practicable in the circumstances, is acceptable to the
                            detainee; and
                 (h) subject to subsection (4), if the detainee is at least 18, and is
                      not incapable of managing his or her affairs—must be
                      conducted in the presence of another person (if any)
                      nominated by the detainee, if that other person is readily
                      available at the same place as the detainee, and willing to
                      attend the strip search within a reasonable time; and
                  (i) must not involve a search of the detainee’s body cavities; and
                  (j) must not involve the removal of more items of clothing, or
                      more visual inspection, than the authorised officer
                      conducting the search believes on reasonable grounds to be
                      necessary to determine whether there is on the detainee, in
                      the detainee’s clothing or in a thing in the detainee’s
                      possession any of the following things:
                        (i) a weapon or escape aid;









                      (ii) a prohibited thing; and
                 (k) must not be conducted with greater force than is reasonably
                     necessary to conduct the strip search.
          (2) Paragraphs (1)(d) and (e) do not apply to a parent or guardian, or
              person present because of subparagraph (1)(g)(ii), if the detainee
              has no objection to that person being present.
          (3) Paragraphs (1)(d) and (e) do not apply to a person nominated by
              the detainee under paragraph (1)(h) to attend the strip search.
          (4) Neither:
                (a) a detainee’s refusal or failure to nominate a person under
                    paragraph (1)(h) within a reasonable time; nor
               (b) a detainee’s inability to nominate a person under that
                    paragraph who is readily available at the same place as the
                    detainee and willing to attend the strip search within a
                    reasonable time;
              prevents a strip search being conducted.
          (5) A strip search of a detainee may be conducted with the assistance
              of another person if the authorised officer conducting the strip
              search considers that to be necessary for the purposes of
              conducting it. That person must not be of the opposite sex to the
              detainee unless:
                (a) the person is a medical practitioner; and
                (b) a medical practitioner of the same sex as the detainee is not
                    available within a reasonable time.
          (6) An action or proceeding, whether civil or criminal, does not lie
              against a person who, at the request of an authorised officer, assists
              in conducting a strip search if the person acts in good faith and
              does not contravene this section.
          (7) A detainee must be provided with adequate clothing if during or as
              a result of a strip search any of his or her clothing is:
                (a) damaged or destroyed; or
                (b) seized under section 252C or 252CA.