Forensic Procedures Act 2000

In this section – independent witness means a person who has attained the age of 18 years and is not a police officer or a parent of the person undergoing a forensic procedure; unavailable, in relation to a parent of a person on whom a forensic procedure is to be carried out, means that the parent – has declined to be present during the carrying out of the forensic procedure; or cannot be located after a reasonable attempt has been made to do so.

Except as provided in subsection (3), a forensic procedure may be carried out on a person who is between 10 and 14 years of age (both years inclusive) only if there is present during the carrying out of the procedure – the person's parent; or if all parents of the person are unavailable, an independent witness.

If a parent or independent witness unreasonably interferes with, or obstructs, the carrying out of a forensic procedure on a person who is between 10 and 14 years of age (both years inclusive) – the parent or witness may be excluded from the place where the procedure is being carried out; and the carrying out of the procedure may then proceed in the absence of that parent or witness.

Subsection (3) does not apply to a parent of a person who is between 10 and 14 years of age (both years inclusive) if – the carrying out of the forensic procedure is authorised because that parent and that person gave informed consent to the carrying out of the procedure; and the unreasonable interference with, or obstruction of, the carrying out of the procedure is a withdrawal of consent within the meaning of section 38.