Persons who may carry out forensic procedures
50 Persons who may carry out forensic procedures
(1) The table to this section shows, for each forensic procedure specified in the first column of the table, the persons who may carry out the procedure under this Act. A person not specified in the second column of the table is not authorised to carry out a forensic procedure under this Part except as mentioned in section 52.(2) The third column of the table to this section shows, for each forensic procedure, whether the suspect is entitled to request that a medical practitioner or dentist of the suspect’s choice is present while the forensic procedure is carried out.
Note.
Section 53 makes detailed provision for the presence of a medical practitioner or dentist of the suspect’s choice while a forensic procedure is carried out.
(3) A person is authorised to carry out a particular forensic procedure if he or she is an appropriately qualified police officer or person in relation to the procedure even if the person also satisfies another description specified in the table to this section that is not specified in relation to the particular forensic procedure.
Note.
For example, a police officer who is an appropriately qualified police officer or person to take samples of blood may take such samples even though the table does not expressly list police officers as persons who may take samples of blood.
(4) (Repealed)
Who may carry out forensic procedures
| Forensic procedure | Persons who may carry out forensic procedure | Is suspect entitled to request presence of medical practitioner or dentist of suspect’s choice? | |
| 1 | external examination of the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
| 2 | the taking of a sample of blood | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
| 3 | the taking of a sample of saliva, or a sample by other-administered buccal swab | medical practitioner dentist dental prosthetist nurse appropriately qualified police officer or person | no |
| 4 | the taking of a sample of pubic hair | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
| 5 | the taking of a sample by swab or washing from the external genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
| 6 | the taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
| 7 | the making of a dental impression | medical practitioner dentist dental prosthetist | yes (dentist) |
| 8 | the taking of a photograph of, or an impression or cast of a wound from, the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | yes (medical practitioner) |
| 9 | external examination of a part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female that requires touching of the body or removal of clothing | medical practitioner nurse appropriately qualified police officer or person | no |
| 10 | the taking of a sample of hair other than pubic hair | medical practitioner nurse appropriately qualified police officer or person | no |
| 11 | the taking of a sample from a nail or from under a nail | medical practitioner nurse appropriately qualified police officer or person | no |
| 12 | the taking of a sample by swab or washing from any external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | no |
| 13 | the taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | no |
| 14 | the taking of a hand print, finger print, foot print or toe print | appropriately qualified police officer or person | no |
| 15 | the taking of a photograph of an external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | no |
| 16 | the taking of an impression or cast of a wound from an external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | yes (medical practitioner) |
| 17 | the taking of measurements of the body or a part of the body (whether or not involving marking of the body) other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | no |
Note.
Appropriately qualified (as used in the expression “appropriately qualified police officer or person”) is defined in section 4A.
This Act’s bill:Explanatory memorandumSecond reading speech
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