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Police Administration Act 1978
145Intimate procedures
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145 Intimate procedures
(1) A member of the Police Force may arrange for a medical
practitioner or registered dentist to carry out an intimate procedure
on a person in lawful custody on a charge of an offence if the
member believes on reasonable grounds that the procedure may
provide evidence relating to the offence or any other offence
punishable by imprisonment.
(2) The intimate procedure may be carried out if:
(a) the person consents in writing to it being carried out; or
(b) a Local Court Judge approves it being carried out.
Police Administration Act 1978 129
(3) The member of the Police Force may apply to a Local Court Judge
for the approval:
(a) in person; or
(b) if that is not practicable – by telephone.
(4) The Local Court Judge may approve the intimate procedure being
carried out if, after hearing:
(a) the member of the Police Force; and
(b) the person to whom the application relates,
he or she is satisfied that the member has reasonable grounds for
the belief referred in subsection (1).
(5) The approval is to be in writing and given to the member of the
(6) The member of the Police Force may proceed under the approval
despite not having received it if he or she is informed of it by the
Local Court Judge by telephone.
(7) A medical practitioner or registered dentist may carry out the
intimate procedure in accordance with the approval given under
subsection (4).
(8) A member of the Police Force:
(a) may assist a medical practitioner or registered dentist to carry
out the intimate procedure; and
(b) may use reasonable force when assisting the medical
practitioner or registered dentist.
(9) Before arranging for the intimate procedure to be carried out, the
member of the Police Force must inquire whether the person
wishes to have a medical practitioner or registered dentist of his or
her own choice present when the procedure is carried out.
(10) If the person wishes to have a medical practitioner or registered
dentist present, the member of the Police Force must:
(a) provide reasonable facilities to enable the person to arrange
for a medical practitioner or registered dentist to be present;
and
Police Administration Act 1978 130
(b) unless it would be impracticable to do so – arrange for the
intimate procedure to be carried out at a time when the
medical practitioner or registered dentist can be present.
(11) After the intimate procedure is carried out, the person must be
provided with a copy of the report of the medical practitioner or
registered dentist provided in respect of the procedure if the person
requests it.
(12) No action or proceeding, civil or criminal, can be commenced
against a medical practitioner or registered dentist in respect of
anything reasonably done by him or her in carrying out an intimate
procedure under this section.
(13) Nothing in this section prevents a medical practitioner or registered
dentist from examining a person in lawful custody at the request of
the person or treating the person for an illness or injury.
(14) In this section:
registered dentist means a person registered under the Health
Practitioner Regulation National Law:
(a) to practise in the dental profession as a dentist (other than as
a student); and
(b) in the dentists division of that profession.