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Crimes (Forensic Procedures) Act 2000
57Presence of interview friend or lawyer while forensic
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57 Presence of interview friend or lawyer while forensic
procedure is carried out
(1) If the relevant person on whom a forensic procedure is to be carried
out is a child, incapable person or Aboriginal or Torres Strait Islander
person, either the relevant person’s interview friend or the relevant
person’s lawyer (if the lawyer is not the interview friend) must be
present while the forensic procedure is carried out.
(2) Subsection (1) does not apply if an Aboriginal or Torres Strait
Islander person (other than an Aboriginal or Torres Strait Islander
person who is a child or an incapable person) expressly and
voluntarily waives the person’s right to have an interview friend or
lawyer present.
(3) Both the interview friend and the lawyer may be present.
Division 2.6.3 Presence of other people while forensic procedure is carried out
(4) An interview friend (other than a lawyer) of a relevant person who is
a child, incapable person or Aboriginal or Torres Strait Islander
person may be excluded from the place where the forensic procedure
is being carried out if the interview friend unreasonably interferes
with or obstructs the carrying out of the procedure.