In August 2025, the ACT NPM made a submission to the ACT Government on its review of operation of section 70 (Strip search on admission) of the Corrections Management Act 2007 (CM Act).
The Corrections and Sentencing Legislation Amendment Act 2022 which commenced on 22 June 2023, amended s 70 of the CM Act to allow a routine strip search to be conducted upon admission to a correctional centre without having grounds to suspect the person deprived of liberty is concealing seizable items or believe it is prudent to conduct the search.
The statutory review report was tabled in the Legislative Assembly last week and found that data deficiencies did not make it possible to calculate the rate of strip searches on admission to AMC. Positively, the review did find that ACTCS is reducing its overall reliance on strip searches; body scanning technology significantly reduces the need to undertake a strip search; and further work needs to be conducted to ensure the human rights of people deprived of liberty are incorporated into decisions to undertake searches generally and strip searches specifically.
The ACT NPM calls for the repeal of the relevant provisions of the amending Act approving the routine use of strip searching on admission, noting the limitation of rights set by this law can no longer be demonstrably justified against the weight of evidence against routine strip searching.
Routine strip searching is harmful, ineffective, may lead to misconduct risks and Australian jurisdictions are moving away from using routine strip searching. The use of routine strip searching in Australia has been cautioned against by multiple United Nations bodies and may amount to degrading treatment in contravention of international human rights obligations.
The ACT NPM considers the use of alternative technology-enabled search methods on admission a safer and more effective means of detection that should be reflected in both law and policy, subject to investment in ensuring electronic scans are interpreted accurately.
Read our submission here