Western Australian Current Acts

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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 20

20 .         Volunteer may consent to identifying procedure

        (1)         If section 19(2) has been complied with —

            (a)         a volunteer who is an adult —

                  (i)         may consent to the identifying procedure that he or she was informed about; and

                  (ii)         if he or she consents, must decide the matters in section 19(2)(e) and (f);

            (b)         a responsible person —

                  (i)         may consent to a protected person undergoing the identifying procedure that the responsible person was informed about; and

                  (ii)         if he or she consents, must decide the matters in section 19(2)(e) and (f).

        (2)         The consent and decisions of a person must be recorded in writing on a form approved by the Commissioner of Police and signed by the person in the presence of a police officer.

        (3)         A copy of the person’s signed form must be given to the person.

        (4)         When the consent of a person has been given and recorded in accordance with this section, the identifying procedure may be done on the volunteer unless, before it has been completed —

            (a)         if the volunteer is an adult, the volunteer withdraws his or her consent; or

            (b)         if the volunteer is a protected person —

                  (i)         the volunteer objects to or resists the carrying out of the procedure; or

                  (ii)         the responsible person withdraws his or her consent to the volunteer undergoing the procedure.

        (5)         If an identifying procedure has been done under this Division on an adult, the adult may subsequently change his or her decision on the matters in section 19(2)(e) and (f) by notifying the Commissioner of Police.

        (6)         If an identifying procedure has been done under this Division on a protected person —

            (a)         a responsible person; or

            (b)         if the protected person was a child at the time the identifying procedure was done who has since then reached 18 years of age, that person,

                may subsequently change the decision on the matters in section 19(2)(e) and (f) by notifying the Commissioner of Police.



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