Western Australian Current Acts Western Australian Current Acts (1) In this section
—
involved person means an involved person who is a
protected person.
(2) If an officer
reasonably suspects —
(a) that
an offence has been committed; and
(b) that
an identifying particular of an involved person, obtainable by means of a
non-intimate identifying procedure, will afford evidence of the commission of
the offence or of who committed the offence,
the officer may
request a responsible person to consent to the non-intimate identifying
procedure being done on the involved person to obtain the identifying
particular.
(3) An officer who
requests a responsible person to consent to a procedure being done on an
involved person must at the time inform the responsible person of these
matters —
(a) the
offence that is suspected of having been committed and to which the procedure
relates; and
(b) the
purpose of the procedure; and
(c) how
the procedure will be done; and
(d)
that, subject to the responsible person’s decision, information derived
from the procedure may be compared with or put in a forensic database; and
(e) the
circumstances in which destruction may be requested under section 69; and
(f) that
if the involved person should become a suspect for the offence, evidence
provided by the procedure could be used in a court against the involved
person; and
(g) that
the responsible person may decide whether —
(i)
to limit the forensic purposes for which information
derived from the procedure may be used; or
(ii)
to allow the information to be used for unlimited
forensic purposes;
and
(h)
that, if the procedure is done, the responsible person may subsequently change
the decision on the matters in paragraph (g) by notifying the Commissioner of
Police; and
(i)
that the responsible person may consent or refuse to
consent to the procedure being done on the involved person; and
(j)
that, if the responsible person consents to the procedure, he or she may
withdraw consent at any time before the procedure has been completed; and
(k) that
if the responsible person does not consent or withdraws consent —
(i)
an application may be made for authority to do the
procedure against the responsible person’s will; and
(ii)
if authority is given the procedure may be done against
the responsible person’s will.