Help with, and use of force for, performing forensic procedure
517 Help with, and use of force for, performing forensic procedure
This section applies if a qualified person may perform a forensic procedure on a person.
The qualified person may ask another person to give reasonably necessary help.
Subject to this section, if it is reasonably practicable, the helper must be—
a doctor, dentist or forensic nurse examiner; or
a person of the same gender as the person undergoing the procedure.
If the helper is not a doctor, dentist or forensic nurse examiner, the person who is to undergo the procedure must be given—
an explanation of the procedure; and
a reasonable opportunity to express a preference about the gender of the helper.
A preference must be accommodated unless—
there are reasonable grounds to believe the preference is expressed for an improper purpose; or
there is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or
it is not reasonably practicable to accommodate the preference.
Notes—
1 An improper purpose includes the following—
• a lewd or otherwise offensive purpose;
• an attempt to frustrate the process.
2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.
If it is not reasonably practicable to accommodate the preference or if no preference is expressed, a helper may be chosen to address a concern related to gender in a way that minimises embarrassment and offence.
It is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure.
This Act’s bill:Explanatory memorandum
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