Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 109

No civil or criminal liability is incurred by anyone (including a police officer) who carries out, or helps to carry out, a forensic procedure under this Act in relation to anything done by the person in carrying out, or helping to carry out, the forensic procedure if—

        (a)     the person believed on reasonable grounds that—

              (i)     informed consent had been given to the carrying out of the forensic procedure; or

              (ii)     the carrying out of the forensic procedure without informed consent had been duly ordered by a police officer, court or magistrate under this Act; and

        (b)     the thing was done in good faith; and

        (c)     the doing of it was reasonable in all the circumstances.

Note     Section 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.