Blood testing for communicable diseases—Notice to accused (section 20B of Act)
5 Blood testing for communicable diseases—Notice to accused (section 20B of Act)
If a forensic procedure consisting of the taking of a sample of blood is to be carried out on a person pursuant to section 20B of the
Act, the authorising officer must, before the procedure is carried out—
give the person written notice that—
a sample of the person's blood is to be taken pursuant to section 20B of the Act; and
the blood will be tested for communicable diseases; and
if the person is under the age of 16 years—take reasonable steps to give to the person's parent or guardian written notice of the matters set out in paragraph (a);
and
invite the person (or, if the person is under the age of 16 years, the person's parent or guardian) to nominate a medical practitioner to receive a copy of the results of the testing.
A failure to comply with a requirement of subregulation (1) in respect of a forensic procedure does not invalidate the forensic procedure or otherwise affect the authority to perform the forensic procedure and any testing on the material obtained from it.
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