Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A suspect or volunteer is entitled to request a doctor of the person's choice to be present while an intimate forensic procedure (other than the taking of a dental impression) is carried out or a sample of saliva or sample by buccal swab is taken.
(2) A suspect or volunteer is entitled to request a dentist of the person's choice to be present while a dental impression, sample of saliva or sample by buccal swab is taken.
(3) If a sample of blood is to be taken from a serious offender, the offender is entitled to request that—
(a) if the serious offender is serving a sentence of imprisonment at a correctional centre or other place—a corrections health practitioner for the centre, or health practitioner (however described) for the place, be present while the sample is taken; or
(b) if the serious offender is not serving a sentence of imprisonment—a doctor of the serious offender's choice be present while the sample is taken.
(4) If a sample by buccal swab is to be taken from a serious offender, the offender is entitled to request that—
(a) if the serious offender is serving a sentence of imprisonment at a correctional centre or other place—a corrections health practitioner for the centre, or health practitioner (however described) for the place, be present while the sample is taken; or
(b) if the serious offender is not serving a sentence of imprisonment—a doctor or dentist of the serious offender's choice be present while the sample is taken.
Note Section 103 provides that the request may be made by the relevant person's lawyer or interview friend.
(5) The doctor or dentist chosen must be present at the carrying out of the forensic procedure unless he or she—
(a) cannot, or does not wish to, attend; or
(b) cannot be contacted;
within a reasonable time or, if relevant, within the time in which the person responsible for the carrying out of the forensic procedure considers the forensic procedure should be carried out if it is to be effective in providing evidence of the offence concerned.