Youth Justice Act 2005

A police officer may carry out a non-intimate procedure on a youth in the following circumstances:

the youth is suspected by a police officer, on reasonable grounds, of having committed an indictable offence;

the youth has been charged with an offence punishable by imprisonment;

the youth has been summoned to appear in proceedings against the youth for an offence punishable by imprisonment;

an authorised officer has consented to proceedings in respect of an offence punishable by imprisonment being brought against the youth by summons.

The non-intimate procedure may be carried out:

if the approval of a Local Court Judge is obtained; or

if the approval of a senior police officer is obtained.

A senior police officer must not approve the procedure unless he or she is satisfied the youth is 14 years of age or older.

A police officer may apply to a Local Court Judge or a senior police officer for the approval:

in person; or

if that is not practicable – by telephone.

The Local Court Judge or senior police officer may approve a non-intimate procedure being carried out after hearing the police officer and the youth to whom the application relates.

The approval must:

be in writing; and

specify the non-intimate procedure that may be carried out.

The Local Court Judge or senior police officer must give or send a copy of the approval to the police officer as soon as practicable.

The police officer may proceed under the approval despite not having received it if he or she is informed of the approval by the

If the non-intimate procedure is the taking of a sample by buccal swab, the police officer must direct the youth to provide the sample.

If the youth does not comply by providing a sample sufficient to enable an analysis of it to be carried out, the police officer may take the sample.

The police officer may use reasonable force in carrying out the