South Australian Numbered Regulations

CRIMINAL LAW (FORENSIC PROCEDURES) VARIATION REGULATIONS 2003 (NO 199 OF 2003) - REG 5

5—Variation of regulation 4—Persons qualified to carry out forensic procedures

        (1)         Regulation 4(c)—delete paragraph (c) and substitute:

            (c)         a police officer who has satisfactorily completed a course of training approved for the purpose by the Minister is qualified to carry out a non-intrusive forensic procedure consisting of one or more of the following:

                  (i)         the taking of a sample of hair from a person's body;

                  (ii)         the taking of a sample of fingernail or toenail, or material from under a fingernail or toenail;

                  (iii)         the taking of a sample of biological or other material from an external part of the body;

                  (iv)         the taking of a sample by buccal swab;

                  (v)         the taking of a sample of blood by finger-prick for the purpose of obtaining a DNA profile;

                  (vi)         the taking of an impression or cast of a wound.

        (2)         Regulation 4—after its present contents as amended by this regulation (now to be designated as subregulation (1)) insert:

        (2)         A forensic procedure consisting of the taking of a sample of blood by finger-prick for the purpose of obtaining a DNA profile should only be carried out by a police officer, in accordance with subregulation (1)(c)(v), if—

            (a)         it is not appropriate, in the circumstances, to take a sample by buccal swab for the purpose of obtaining a DNA profile; and

            (b)         it is not reasonably practicable to have the sample of blood taken by a medical practitioner or registered nurse.