• Limit the range of persons who can exercise coercive powers to those classes of individuals who possess the required skills, training, experience and authority to exercise the powers.
  • Ensure that searches (particularly intrusive methods such as strip-searches and cavity searches) are only carried out in circumstances of necessity and with due respect for the dignity of the person being searched.
  • Have procedures in place to monitor the treatment of those being held in detention.
  • Ensure that the legislation, policy or program provides for the needs and individual circumstances of persons under the control of a public authority so that some individuals are not more seriously affected or disadvantaged by a policy.
  • Institute clear practices and procedures for obtaining and recording consent to experimentation and treatment.
  • Review legislation that authorises treatment without consent to determine whether it meets the standard required by s. 7.
  • Ensure that there is an appropriate mechanism in place for receiving and dealing with complaints about ill treatment by public authorities.

Offences and penalties:

  • Consider whether the offence and level of penalty are proportionate.
  • Tailor the penalty level to the type of conduct that you are seeking to prohibit.