Authorised persons and persons who may be present during forensic procedure
40 Authorised persons and persons who may be present during forensic procedure
In this section,approved person, in relation to a forensic procedure, means a person approved by the Commissioner of Police, in writing, to carry out that kind of forensic procedure.
For the purpose of carrying out the forensic procedure specified in column 1 of the following table – the person specified in column 2 of the table adjacent to that procedure is an authorised person; and the person specified in column 3 of the table adjacent to that procedure is authorised to be present at the request of the person undergoing the procedure:
| Table |
| Column 1 | Column 2 | Column 3 | |
| Forensic procedure | Authorised persons | Persons whose presence may be requested | |
| External examination of the genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse | Medical practitioner | |
| Internal examination of a body cavity other than the mouth | Medical practitioner Nurse | Medical practitioner | |
| The taking of a sample of blood | Medical practitioner Nurse | Medical practitioner | |
| The taking of a sample of pubic hair | Medical practitioner Nurse | Medical practitioner | |
| The taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse | Medical practitioner | |
| The taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse | Medical practitioner | |
| The taking of a sample by swab or washing from a body cavity other than the mouth | Medical practitioner Nurse | Medical practitioner | |
| The taking of an X-ray | Medical practitioner Dentist | No one | |
| The taking of a dental impression | Medical practitioner Dentist | Dentist | |
| Internal examination of the mouth | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a sample of saliva, or a sample by buccal swab | Medical practitioner Dentist Nurse Police Officer Approved person | No one | |
| The taking of a photograph of the genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse Police Officer Approved person | Medical practitioner | |
| The taking of an impression or cast from the genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse Police Officer Approved person | Medical practitioner | |
| External examination of a part of the body, other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a sample of hair other than pubic hair | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a sample from a nail or from under a nail | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a handprint, fingerprint, footprint or toeprint | Police Officer Approved person | No one | |
| The taking of a photograph of, or an impression or cast from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | Medical practitioner Nurse Police Officer Approved person | No one | |
| The taking of a photograph of a person | Medical practitioner Nurse Police Officer Approved person | No one |
A person undergoing a forensic procedure specified in item 11 in the table in subsection (2)(b) may carry out that procedure on himself or herself under the supervision of a person specified in column 2 of that item.
The Governor, by order, may – amend the table set out in subsection (2); and omit that table and substitute a new table.
This Act’s bill:Explanatory notesSecond reading speech
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