NSW Does Corrective Services Have the Right to Search a Car?

[Clancy]

Nope.
The car park and similar parts of declared premises are part of those premises, and accordingly, clause 90 of the Regulation applies.

OMG hahahaha... You realize your earlier question was "why would he be at the gate" now suddenly he is 'in the car park'.

 

[Tim W]

You misunderstand.
You seem to have the idea that there is some part of a prison complex
where a person (not just a would-be visitor) can refuse to have their vehicle searched.
There isn't.

 

[Clancy]

You misunderstand.
You seem to have the idea that there is some part of a prison complex
where a person (not just a would-be visitor) can refuse to have their vehicle searched.
There isn't.

No. As far as the specific comment I was replying too. It is plainly clear and unambiguous as I have quoted you... See post 9

Once he has entered the complex then it is presumed he accepts the terms of entry. There should be signage at the entrance to that effect, and a warning that your car is subject to being searched if you chose to enter.

 

[Tim W]

It's not a question of presumption or acceptance.
The power to search (clause 90) operates no matter what one person or another may think of it.

Further, the intention or otherwise of a person to seek entry further into the complex is also irrelevant.
Their mere presence on prison land (even in the car park, and even , say "waiting while somebody else goes in")
is sufficient for a person to be liable to a search.

It's a statutory (well, regulatory) power.
Don't confuse it with, say, searching a bag in a department store as a condition of entry.

 

[Clancy]

It's not a question of presumption or acceptance.
The power to search (clause 90) operates no matter what one person or another may think of it.

Further, the intention or otherwise of a person to seek entry further into the complex is also irrelevant.
Their mere presence on prison land (even in the car park, and even , say "waiting while somebody else goes in")
is sufficient for a person to be liable to a search.

It's a statutory (well, regulatory) power.
Don't confuse it with, say, searching a bag in a department store as a condition of entry.

So what are you saying? There is no point at which there is any sign warning you "if you enter here your vehicle may be subject to search? So if you don't agree then don't proceed any further?"

The reason I am asking is because I am assuming the OP must have driven past such a sign, in which case, it answers his question here. Yes they have the right to search his car.

 

[Tim W]

The presence or not of a sign does not affect the operation of the law here.
And the OP got their answer here.

 

[Clancy]

The presence or not of a sign does not affect the operation of the law here.
And the OP got their answer here.

The OP did not get his answer because of your reply number 2 and point number 2 which implies he has the right to refuse to let them search his car if he decided not to go in.

 

[lawanswers]

Thread now locked. Thank you.