New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81B

81B References to parent or guardian of child under 10 years of age

(1) Despite any provision of this Part, if a parent or guardian of a child is a suspect in relation to the offence under investigation in relation to which a forensic procedure is proposed to be carried out on the child, a reference to the parent or guardian of the child is to be read as a reference to--

(a) a parent or guardian of the child who is not a suspect in relation to the offence under investigation, or

(b) if such a parent or guardian is not available--the closest available relative of the child who is not a suspect in relation to the offence under investigation.

(2) In this Part--

"closest available relative" of a child means one of the following persons who is at least 18 years of age and is available at the relevant time--

(a) a brother or sister of the child,

(b) a grandparent of the child,

(c) an uncle or aunt of the child.