sec.31ASafeguards for certain photographs

### sec.31A Safeguards for certain photographs This section applies if, under section 31 , a police officer requires a reportable offender to expose the offender’s breasts to enable that part of the body to be photographed. The police officer— must not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and if reasonably practicable, must ensure the photograph is not taken— in the presence of someone whose presence is not required while the photograph is taken; or where someone not involved in taking the photograph can see the photograph being taken. Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the reportable offender. The reportable offender must be given— an explanation of the process; and a reasonable opportunity to express a preference about the gender of the person taking the photograph. A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor. Without limiting the power under section 31 (1) (b) for the photograph to be taken by a person authorised by the officer, the police officer may authorise a person to take the photograph if reasonably necessary— to ensure that the person taking the photograph and the reportable offender are of the same gender; or to accommodate a preference expressed by the person; or to address a concern related to gender in a way that minimises embarrassment and offence. s 31A ins 2024 No. 24 s 6 (sec.31A-ssec.1) This section applies if, under section 31 , a police officer requires a reportable offender to expose the offender’s breasts to enable that part of the body to be photographed. (sec.31A-ssec.2) The police officer— must not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and if reasonably practicable, must ensure the photograph is not taken— in the presence of someone whose presence is not required while the photograph is taken; or where someone not involved in taking the photograph can see the photograph being taken. (sec.31A-ssec.3) Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the reportable offender. (sec.31A-ssec.4) The reportable offender must be given— an explanation of the process; and a reasonable opportunity to express a preference about the gender of the person taking the photograph. (sec.31A-ssec.5) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor. (sec.31A-ssec.6) Without limiting the power under section 31 (1) (b) for the photograph to be taken by a person authorised by the officer, the police officer may authorise a person to take the photograph if reasonably necessary— to ensure that the person taking the photograph and the reportable offender are of the same gender; or to accommodate a preference expressed by the person; or to address a concern related to gender in a way that minimises embarrassment and offence. - (a) must not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and - (b) if reasonably practicable, must ensure the photograph is not taken— (i) in the presence of someone whose presence is not required while the photograph is taken; or (ii) where someone not involved in taking the photograph can see the photograph being taken. - (i) in the presence of someone whose presence is not required while the photograph is taken; or - (ii) where someone not involved in taking the photograph can see the photograph being taken. - (i) in the presence of someone whose presence is not required while the photograph is taken; or - (ii) where someone not involved in taking the photograph can see the photograph being taken. - (a) an explanation of the process; and - (b) a reasonable opportunity to express a preference about the gender of the person taking the photograph. - (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or - (b) it is not reasonably practicable to accommodate the preference. - 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process. - • a lewd or otherwise offensive purpose; - • an attempt to frustrate the process. - 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor. - • a lewd or otherwise offensive purpose; - • an attempt to frustrate the process. - (a) to ensure that the person taking the photograph and the reportable offender are of the same gender; or - (b) to accommodate a preference expressed by the person; or - (c) to address a concern related to gender in a way that minimises embarrassment and offence.