Intimate procedures
145 Intimate procedures
A member of the Police Force may arrange for a medical practitioner or registered dentist to carry out an intimate procedure on a person in lawful custody on a charge of an offence if the member believes on reasonable grounds that the procedure may provide evidence relating to the offence or any other offence punishable by imprisonment.
The intimate procedure may be carried out if:
the person consents in writing to it being carried out; or
a Local Court Judge approves it being carried out.
The member of the Police Force may apply to a Local Court Judge for the approval:
in person; or
if that is not practicable – by telephone.
The Local Court Judge may approve the intimate procedure being carried out if, after hearing:
the member of the Police Force; and
the person to whom the application relates,
he or she is satisfied that the member has reasonable grounds for the belief referred in subsection (1).
The approval is to be in writing and given to the member of the
Police Force.
The member of the Police Force may proceed under the approval despite not having received it if he or she is informed of it by the
Local Court Judge by telephone.
A medical practitioner or registered dentist may carry out the intimate procedure in accordance with the approval given under subsection (4).
A member of the Police Force:
may assist a medical practitioner or registered dentist to carry out the intimate procedure; and
may use reasonable force when assisting the medical practitioner or registered dentist.
Before arranging for the intimate procedure to be carried out, the member of the Police Force must inquire whether the person wishes to have a medical practitioner or registered dentist of his or her own choice present when the procedure is carried out.
If the person wishes to have a medical practitioner or registered dentist present, the member of the Police Force must:
provide reasonable facilities to enable the person to arrange for a medical practitioner or registered dentist to be present; and
unless it would be impracticable to do so – arrange for the intimate procedure to be carried out at a time when the medical practitioner or registered dentist can be present.
After the intimate procedure is carried out, the person must be provided with a copy of the report of the medical practitioner or registered dentist provided in respect of the procedure if the person requests it.
No action or proceeding, civil or criminal, can be commenced against a medical practitioner or registered dentist in respect of anything reasonably done by him or her in carrying out an intimate procedure under this section.
Nothing in this section prevents a medical practitioner or registered dentist from examining a person in lawful custody at the request of the person or treating the person for an illness or injury.
In this section:
registered dentist means a person registered under the
Health Practitioner Regulation National Law:
to practise in the dental profession as a dentist (other than as a student); and
in the dentists division of that profession.
This Act’s bill:Second reading speech
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