Informed consent to forensic procedures
75V Informed consent to forensic procedures
An untested registrable person gives informed consent to the carrying out of a forensic procedure under this Part if the registrable person consents to the carrying out of the procedure after a police officer—
requests the registrable person to consent to the forensic procedure under section 75W, and
informs the registrable person about the forensic procedure in accordance with section 75X, and
gives the registrable person the opportunity to communicate, or attempt to communicate, with an Australian lawyer of the registrable person’s choice.
The police officer must allow the registrable person to communicate, or attempt to communicate, with the Australian lawyer in private unless the police officer suspects on reasonable grounds that the registrable person might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.
Note.
Section 103 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.
This Act’s bill:Explanatory memorandumSecond reading speech
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