In this Division—
"protected person" means—
(a) a
child under the age of 16 years; or
(b) a
person physically or mentally incapable of understanding the nature and
consequences of a forensic procedure;
"relevant person", in relation to a forensic procedure proposed to be carried
out on a person under this Division, means—
(a) if
the person on whom the procedure is to be carried out is not a
protected person—that person; or
(b) if
the person on whom the procedure is to be carried out is a
protected person—
(i)
in the case of a child—the
closest available next of kin of the child; or
(ii)
in any other case—the person's guardian or, if the
person does not have a guardian, the closest available next of kin of the
person.