20Informed consent required before a person can be registered as a human source

20 Informed consent required before a person can be registered as a human source

(1) A person who is 18 years of age or over must not be registered as a human source under this Part unless—

(a) the person has given informed consent to the registration; and

(b) the Chief Commissioner has a record of that person's informed consent to the registration.

(2) A child must not be registered as a human source under this Part unless—

(a) the child has given informed consent to the registration; and

(b) subject to subsection (3), the child's parent or guardian has given informed consent to the registration; and

(c) the Chief Commissioner has a record of informed consent to the registration given by the child and the child's parent or guardian (if applicable).

(3) Subsection (2)(b) does not apply if it is not appropriate for the parent or guardian to give consent to the child's registration.

It is not appropriate for a parent or guardian to be present if the child is to provide information about the parent or guardian or the presence of the child's parent or guardian may place the child or any other person at risk.

(3A) If it is not appropriate for the parent or guardian to give consent to the child's registration, a police officer must ensure that an independent person is present at the time the child gives informed consent.

(4) For the purposes of this section, the person's consent may be recorded in writing or any other format, including an audio or audio-visual recording.

(5) This section does not apply to an emergency registration application if the applicant police officer is reasonably satisfied that—

(a) the person in respect of whom the application is made provides unsolicited information to the police officer or any other police officer on a discrete occasion; and

(b) the purpose of the emergency registration is limited to the obtaining, use or dissemination of the information provided on that discrete occasion.