Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 79

    (1)     A person is authorised to carry out a forensic procedure on a volunteer—

        (a)     if the volunteer is not a child or incapable person—with the informed consent of the volunteer given in accordance with section 80; or

        (b)     if the volunteer is a child or incapable person and the parent or guardian of the volunteer can be contacted—

              (i)     with the informed consent of the parent or guardian of the volunteer given in accordance with section 80 or by order of a magistrate under section 83 (Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person); and

              (ii)     after the person has informed the volunteer that, even though consent has been given or an order made, if the volunteer objects to or resists the carrying out of the forensic procedure it will not be carried out; or

        (c)     if the volunteer is an incapable person and the parent or guardian of the volunteer cannot be contacted—

              (i)     with the informed consent of a close associate of the volunteer given in accordance with section 80 or by order of a magistrate under section 83; and

              (ii)     after the person has informed the volunteer that, even though consent has been given or an order made, if the volunteer objects to or resists the carrying out of the forensic procedure it will not be carried out; and

              (iii)     if the forensic procedure is a non-intimate forensic procedure only.

    (2)     This section does not authorise a person to carry out a forensic procedure on a child or incapable person who objects to or resists the carrying out of the forensic procedure.

    (3)     A person is authorised under this section to carry out a forensic procedure under this part only in accordance with part 2.6.