Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If a forensic procedure is to be carried out on a relevant person, the person carrying it out, and anyone asked under section 55 to help carry it out, must, if practicable, be of the same sex as the relevant person.
(2) Subsection (1) does not apply—
(a) to the taking of a handprint, fingerprint, footprint or toeprint; or
(b) to any other non-intimate forensic procedure that may be carried out without—
(i) touching the relevant person; or
(ii) requiring the relevant person to remove any clothing (other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat); or
(c) if the relevant person consents to a person other than a person of the same sex as the relevant person carrying out, or helping to carry out, the forensic procedure.
(3) If the person on whom a forensic procedure is to be carried out is a volunteer—
(a) the volunteer may ask that a person other than a person of the same sex as the volunteer carry out, or help carry out, the procedure; and
(b) if practicable, any such request must be complied with, despite subsection (1).
(4) However, if the relevant person is a child—
(a) the person carrying out the forensic procedure must ask the child, before the procedure is carried out, if the child wants a person of a particular sex to carry out, or help carry out, the procedure; and
(b) if the child asks for a person of a particular sex to carry out, or help carry out, the forensic procedure, a person of that sex must, if practicable, carry out, or help carry out, the procedure.