Victorian Numbered Acts Victorian Numbered Acts(1) The officer in charge of a residential facility may give an order under this section only if the officer in charge reasonably believes that the search is necessary—
(a) for the good order of the residential facility; or
(b) the safety and welfare of offenders or of staff of the facility or of visitors to the facility; or
(c) to monitor an offender's compliance with a supervision order or an interim supervision order; or
(d) because the officer in charge reasonably suspects the offender of behaviour or conduct associated with an increased risk of the offender re-offending.
(2) The officer in charge of a residential facility may, at any time, order a supervision officer to—
(a) search any part of, or any thing in, the residential facility; or
(b) search and examine a supervision officer, an offender or any other person (other than a judge of the Supreme Court or County Court or a magistrate) in a residential facility; or
(c) require a person (other than a judge of the Supreme Court or County Court or a magistrate) wishing to enter a residential facility to submit to a search and examination of the person and anything in the person's possession or under the person's control.
(3) A search under subsection (2) includes the power to read any correspondence in the possession of an offender that is not—
(a) sealed in an envelope or container unless the envelope or container has already been opened and resealed after the offender received it; or
(b) addressed to or from—
(i) the Minister, the Secretary, the Commissioner;
(ii) a member of Parliament;
(iii) a lawyer representing the offender, or from whom the offender is seeking legal advice;
(iv) the Ombudsman;
(v) the Privacy Commissioner;
(vi) the Equal Opportunity and Human Rights Commissioner;
(vii) the Health Services Commissioner;
(viii) the Human Rights Commissioner;
(ix) any person authorised to act on behalf of a person listed in subparagraphs (iv) to (viii);
(4) For the purposes of subsection (2) a search of a person means either or both a garment search or a pat-down search.
(5) To the extent practicable a pat-down search must be conducted by a person of the same sex as the person being searched.
(6) If a person other than a supervision officer or an offender refuses to submit to a search under this section the officer in charge of the residential facility may order the person to leave the residential facility immediately.
(7) A supervision officer may, if necessary, use reasonable force to compel a person to obey an order to leave a residential facility.
(8) In this section—
"Equal Opportunity and Human Rights Commissioner" means the Commissioner appointed under section 170 of the Equal Opportunity Act 1995 ;
"garment search" means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body;
"Health Services Commissioner" means the Commissioner as defined in the Health Services (Conciliation and Review) Act 1987 ;
"Human Rights Commissioner" means the Human Rights Commissioner appointed under the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth;
"pat-down search" means a search of a person where the person's clothed body is touched.