Western Australian Current Acts Western Australian Current Acts (1) Evidence that a
person refused to or did not consent, or withdrew consent, to an identifying
procedure being done on the person is not admissible in proceedings against
the person except —
(a) in
proceedings against him or her for an offence alleged to have been committed
while the identifying procedure was being done on him or her; or
(b) to
establish or rebut an allegation that an officer investigating the commission
of an offence acted contrary to law in doing the investigation.
(2) Evidence that a
responsible person refused to or did not consent, or withdrew consent, to an
identifying procedure being done on a protected person is not admissible in
proceedings against the responsible person, or the protected person, except
—
(a) in
proceedings against him or her for an offence alleged to have been committed
while the identifying procedure was being done on the protected person; or
(b) to
establish or rebut an allegation that an officer investigating the commission
of an offence acted contrary to law in doing the investigation.