09.46 pm, Thursday May 24 2012

Change strip-search laws: Tas commissioner

13:23 AEDT Wed Feb 1 2012
David Beniuk
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Tasmania's Commissioner for Children Aileen Ashford is demanding an urgent overhaul of the state's laws governing strip-searches on children.

After a public outcry over two searches of a 12-year-old girl in Hobart last week, Ms Ashford has called for legislation that would require a court order to strip-search anyone under the age of 18.

Currently, state laws do not differentiate between searching adults and children, she said.

"I'm calling for an urgent and comprehensive review into the Tasmanian legislation governing strip-searching of minors," the commissioner told reporters on Wednesday.

"It can happen to any child. It can happen to your child, anybody else's child and I would think that any child should be protected."

A police review has found the two female officers who searched the 12-year-old in the presence of her mother during a raid acted lawfully and appropriately.

"That does not mean that they have acted in a manner that I consider to be protective of the human rights of the child or young person," Ms Ashford said.

"I think it's very traumatic for a young person and a minor to be strip-searched.

"I think for even an adult it's a traumatic experience but for a minor I think it's very traumatic and what is very clear is that they have human rights and the United Nations convention on the child and it's fairly clear that children should be protected from invasive procedures."

Ms Ashford said she supported findings of an Australian Human Rights Commission and Australian Law Review Commission inquiry, which concluded strip-searches should only occur when absolutely necessary and that a court order should be necessary.

She rejected suggestions that changing the law would make it easier for criminals to conceal drugs on their children.

"What the police have said very clearly is this does not happen every five minutes or every day," she said.

Ms Ashford will meet Tasmania's Deputy Police Commissioner Scott Tilyard and Police Minister David O'Byrne later this week.

 

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