Crimes Act 1914

For the purposes of paragraph 3ZQB(1)(c), an investigating official is taken to have obtained the requisite consents to the carrying out of a prescribed procedure in respect of a person if the following persons agree in writing to the carrying out of the procedure:

the person in respect of whom it is sought to carry out the procedure;

either:

a parent or guardian of the person; or

if a parent or guardian is not available or is not acceptable to the person—an independent adult person (other than an investigating official involved in the investigation of the person) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.

Before seeking the consents referred to in subsection (1), an investigating official must first inform each of the persons from whom such a consent is being sought, in a language in which the person is able to communicate with reasonable fluency:

the purpose and reasons for which the prescribed procedure is to be carried out; and

the nature of the procedure; and

if the procedure involves the operation of particular equipment—the nature of that equipment; and

that the information obtained from the carrying out of the procedure could affect the manner of dealing with the person on whom the procedure is to be carried out; and

the known risks (if any) that would be posed to the health of the person on whom the procedure is to be carried out; and

that the persons giving the requisite consent may withdraw that consent at any time; and

that the seeking of the requisite consent and any giving of such consent was being, or would be, recorded; and

that the persons giving the requisite consent are each entitled to a copy of that record; and

that the person on whom the procedure is to be carried out may have, so far as is reasonably practicable, a person of his or her choice present while the procedure is carried out.

The requisite consents may be given:

in person; or

by telephone, telex, fax or other electronic means.

Nothing in this section affects the rights of a person under Part IC, in particular a person’s rights under:

section 23G (Right to communicate with friend, relative and legal practitioner); or

section 23P (Right of foreign national to communicate with consular office).