113General rules for the provision or taking of certain samples

113 General rules for the provision or taking of certain samples

113 General rules for the provision or taking of certain samples

(1) An authorised person who requires a juvenile justice officer to provide, or to enable the taking of, a non-invasive sample from the officer under Division 2 of Part 4A of the Act must specify the type of non-invasive sample to be provided or taken.

(2) The non-invasive sample so provided or taken must be of the type of non-invasive sample required by the authorised person.

(3) The juvenile justice officer may not elect which type of non-invasive sample is provided.

(4) A non-invasive sample provided by or taken from a juvenile justice officer under Division 2 of Part 4A of the Act—

(a) must be provided or taken in circumstances affording reasonable privacy to the officer, except as permitted (expressly or impliedly) by any other provision of the Act or this Regulation, and

(b) must not be provided or taken in the presence or view of a person whose presence is not necessary for the purposes of the provision or taking of the non-invasive sample or required or permitted by another provision of the Act or this Regulation, and

(c) must not involve the removal of more clothing than is necessary for providing or taking the non-invasive sample, and

(d) must not involve more visual inspection than is necessary for providing or taking the non-invasive sample.

(5) All non-invasive samples provided by or taken from a juvenile justice officer under Division 2 of Part 4A of the Act are to be provided or taken in a manner consistent with appropriate medical or other relevant professional standards, with due regard to the dignity and self-respect of the officer and in as seemly a manner as is consistent with the effective provision or taking of the non-invasive sample.