Terms used
73 Terms used
In this Part, unless the contrary intention appears —
adult means a person who has reached 18 years of age and in respect of whom there are no reasonable grounds to suspect that he or she is an incapable person;
child means a person who is under 18 years of age and in respect of whom there are no reasonable grounds to suspect that he or she is an incapable person;
dentist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;
doctor means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
forensic procedure means —
a non‑intimate forensic procedure; or
an intimate forensic procedure; or
an internal forensic procedure;
FP warrant (involved person) means a warrant issued under section 90;
FP warrant (suspect) means a warrant issued under section 100;
identifying particular has the meaning given to that term by the Criminal Investigation (Identifying People) Act 2002 section 11(1);
incapable person means a person of any age —
who is unable by reason of a mental disability (which term includes intellectual disability, a psychiatric condition, an acquired brain injury and dementia) to understand the general nature and effect of, and the reason for and the consequences of undergoing, a forensic procedure; or
who is unconscious or otherwise unable to understand a request made or information given under this Act or to communicate whether or not he or she consents to undergoing a forensic procedure;
internal forensic procedure on a person, means a procedure that complies with section 76(1);
intimate forensic procedure on a person, means a procedure that complies with section 75(1);
involved person in connection with an offence, means a person who is not a suspect for the offence but who is reasonably suspected to have been the victim of or to have witnessed the commission of the offence;
midwife means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the midwifery profession;
non‑intimate forensic procedure on a person, means a procedure that complies with section 74(1);
nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse;
protected person means a person who is a child or an incapable person;
Public Advocate has the meaning given to that term by the Guardianship and Administration Act 1990;
qualified person, in relation to a forensic procedure, means a person who is qualified under the regulations to do the procedure;
relevant thing, in relation to a forensic procedure, means a thing referred to in section 77(1) a search for which, or for evidence of which, is the purpose of the procedure;
responsible person, in relation to a child, means —
a parent of the child; or
a guardian of the child; or
another person who has responsibility for the day‑to‑day care of the child; or
if no person mentioned in another paragraph of this definition is available — a person, or a person in a class of persons, prescribed;
responsible person, in relation to an incapable person, means —
the spouse or de facto partner of the incapable person; or
a parent of the incapable person; or
if the incapable person is under 18 years of age — a guardian of the incapable person; or
if the incapable person has reached 18 years of age — a guardian of the incapable person appointed under the Guardianship and Administration Act 1990 or the Public Advocate; or
another person who has responsibility for the day‑to‑day care of the incapable person; or
if no person mentioned in another paragraph of this definition is available — a person, or a person in a class of persons, prescribed;
suspect for an offence, means a person who is reasonably suspected of having committed the offence and it does not matter whether or not the person —
is under arrest for the offence; or
has been charged with the offence; or
having been charged with the offence, has been granted bail.
[Section 73 amended: No. 22 of 2008 Sch. 3 cl. 16; No. 35 of 2010 s. 58; No. 11 of 2011 s. 4; No. 4 of 2018 s. 108.]
[Section 73. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]
This provision refers to the regulations (the regulations
). Made under this Act:
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