Victorian Numbered Acts Victorian Numbered ActsAfter section 256C of the Children and Young Persons Act 1989 insert —
In sections 256E to 256J—
"detainee" means a person detained in a juvenile justice facility including a person detained under a preventative detention order (within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ) or an order for his or her detention made under a corresponding preventative detention law (within the meaning of that Part);
"juvenile justice facility" means a remand centre, youth residential centre or youth training centre;
"officer" means any person employed in a juvenile justice facility with duties in relation to ensuring the security or good order of the facility or the safety and security of any detainee in the facility;
"visitor" means a person who visits a juvenile justice facility to have contact with a detainee.
(1) The officer in charge of the juvenile justice facility may give to a visitor such orders as are necessary for the management and good order and security of the juvenile justice facility.
(2) A visitor must not disobey an order given under sub-section (1).
Penalty: 5 penalty units.
(1) The officer in charge of the juvenile justice facility may require any person who wishes to enter, or who has entered, a juvenile justice facility as a visitor to give the officer information as to—
(a) the purpose of the visit or intended visit;
(b) the person's identity, address, occupation and age;
(c) the person's relationship (if any) to any detainee the person wishes to visit.
(2) A person who wishes to enter or has entered a juvenile justice facility as a visitor must not knowingly give to the officer in charge of the facility or any other officer information that is false or misleading.
Penalty: 5 penalty units.
(3) If, when asked, a person does not give the required information to the officer in charge of the juvenile justice facility or gives information to that officer or any other officer that is false or misleading, the officer in charge of the facility may—
(a) if the person has not entered the facility, by order prohibit the person from entering the facility; or
(b) if the person has entered the facility, order the person to leave the facility immediately.
(4) A person must not disobey an order under sub-section (3).
Penalty: 5 penalty units.
(5) A person ordered to leave a juvenile justice facility under this section may only re-enter the facility with the permission of the officer in charge of the facility.
(1) If the officer in charge of a juvenile justice facility believes on reasonable grounds that the security of the facility or the safety of a visitor is threatened, the officer may—
(a) by order prohibit a person from entering the facility as a visitor; or
(b) order the visitor to leave the facility immediately.
(2) Without limiting any other power of the Secretary under this Act, if the Secretary believes on reasonable grounds that the good order or security of juvenile justice facilities or the safety of detainees or visitors to juvenile justice facilities is threatened, the Secretary may by order prohibit a person from entering all or any juvenile justice facilities in Victoria as a visitor.
(3) An order under sub-section (2) in relation to a matter prevails over any order under sub-section (1) in relation to that matter.
(4) A person must not disobey an order under this section.
Penalty: 5 penalty units.
(1) In this section—
"electronic metal detection device" means an electronic device that is capable of detecting the presence of metallic objects;
"frisk search" means—
(a) a search of a visitor conducted
by quickly running the hands over the visitor's outer clothing or by passing
an electronic metal detection device over or in close proximity to the
visitor's outer clothing; and
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(b) an examination of anything worn or carried by the visitor that is conveniently and voluntarily removed by the visitor, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing;
"ordinary search" means a search of a visitor or of things in the possession or under the control of a visitor that may include—
(a) requiring the visitor to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and
(b) an examination of those items;
"strip search" means a search of a visitor or of things in the possession or under the control of a visitor that may include—
(a) requiring the visitor to remove all of his or her clothes; and
(b) an examination of the visitor's body (but not of the visitor's body cavities) and of those clothes.
(2) The officer in charge of a juvenile justice facility may cause any person who wishes to enter the facility as a visitor to be asked to submit to a frisk search or an ordinary search to detect the presence of any article or thing which the officer carrying out the search believes on reasonable grounds jeopardises or is likely to jeopardise the security of the facility or the safety of persons in the facility (including any article or thing of a kind covered by section 270(1)(b)).
(3) The officer in charge of a juvenile justice facility may cause any person who is in the facility as a visitor to be asked to submit to a search of a kind referred to in sub-section (2) if he or she suspects on reasonable grounds that the visitor may have in his or her possession or under his or her control any article or thing of a kind referred to in that sub-section.
(4) In carrying out a frisk search, the officer carrying it out may, if he or she has asked the visitor to remove a coat or jacket, treat the visitor's outer clothing as being the visitor's outer clothing after the coat or jacket has been removed.
(5) A visitor must not be asked to submit to a strip search or a search of his or her body cavities.
(6) If, when asked, a person does not submit to a search authorised to be carried out under this section, an officer may prohibit the person from entering the juvenile justice facility or, if the person is in the juvenile justice facility, order the person to leave the facility immediately.
(7) A person must not disobey an order under sub-section (6).
Penalty: 5 penalty units.
(8) An officer is not liable for injury or damage caused in carrying out searches in accordance with this section.
(9) The officer in charge of the juvenile justice facility may at any time make an order terminating a search under this section.
(1) Before carrying out a search of a person under section 256H, the officer who is to carry out the search must—
(a) inform the person of his or her authority to carry out the search; and
(b) inform the person that he or she may refuse the search; and
(c) inform the person of the consequences of refusal.
(2) If a person consents to a search, the officer who is to carry out the search must—
(a) ask the person if he or she has in his or her possession an article or thing of a kind referred to in section 256H(2); and
(b) ask the person to produce any article or thing referred to in paragraph (a).
(3) An officer carrying out a search of a person under section 256H must do so—
(a) expeditiously; and
(b) with regard to the decency and self-respect of the person searched; and
(c) in compliance with any other prescribed requirement.
(1) In carrying out a search of a person under section 256H an officer may seize any article or thing of a kind referred to in section 256H(2) that is found in the person's possession or produced in response to a request under section 256I(2)(b).
(2) An officer who seizes any thing under sub-section (1) must immediately inform the officer in charge of the juvenile justice facility.
(3) The officer in charge of the juvenile justice facility must deal in accordance with the regulations with any article or thing seized under this section.'.