Western Australian Current Acts Western Australian Current Acts (1) A person who does
a non-intimate identifying procedure on a person may be of either sex.
(2) A person who does
an intimate identifying procedure on a person must be of the same sex as that
person unless the person who does it is —
(a) a
doctor; or
(b) a
dentist; or
(c) a
nurse; or
(d) if
the intimate identifying procedure being done on that person is the taking of
a sample of that person’s blood — a qualified person.
(3) A person who is
present while an intimate identifying procedure is done by a person on another
person (excluding a person who is present under section 54(4)) must, if
practicable, be of the same sex as the person on whom the procedure is done.
(4) Subsection (3)
does not apply if the intimate identifying procedure is the taking of a sample
of the person’s blood.
(5) If this Part
requires a power to be exercised in relation to a person by a person of the
same sex as the person, the officer authorised to exercise the power may
authorise a person of that sex to exercise the power.
(6) A person so
authorised may exercise the power.
(7) If it is necessary
to ascertain the sex of a person before exercising a power under this Part on
the person and the sex of the person is uncertain to the officer authorised to
exercise the power —
(a) the
officer must ask the person to indicate whether a male or a female should
exercise the power on the person and must act in accordance with the answer;
and
(b) in
the absence of an answer, the person is to be treated as if of the sex that
the person outwardly appears to the officer to be.