QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.511Samples and results of analysis to be given to person
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### sec.511 Samples and results of analysis to be given to person
A forensic examiner who takes a sample or other thing from another person in performing an intimate forensic procedure under this chapter must give the other person, or someone nominated by the person, a part of the sample or thing or an equivalent sample or thing for the other person’s own purposes.
However, subsection (1) does not apply if—
it is not practicable to give a part of the sample or thing or an equivalent sample or thing to the other person; or
The size of the sample taken is too small to effectively provide the person with an equivalent sample.
in the case of a sample, an equivalent sample for the purpose may be taken from the other person’s body at any time.
a sample of blood taken for DNA analysis
Also, if a doctor or forensic nurse examiner considers complying with subsection (1) may be inappropriate because, for example, the part or equivalent sample or thing may be used to, or could, transmit a communicable disease, the doctor or forensic nurse examiner may instead send, at the other person’s expense, the part or equivalent sample or thing to a doctor nominated by the other person or by the other person’s lawyer for safe custody.
If the other person or the other person’s lawyer does not nominate a doctor, the doctor or forensic nurse examiner taking the sample or thing need not provide the part or equivalent sample or thing and the part or equivalent sample or thing intended to be given to the other person may be destroyed.
As soon as reasonably practicable after a police officer is given the results of an analysis conducted using a sample or other thing taken as mentioned in subsection (1) , the police officer must give the person to whom the results relate, or someone nominated by the person, a copy of the results.
s 511 ins 2003 No. 49 s 10
amd 2014 No. 1 s 27
(sec.511-ssec.1) A forensic examiner who takes a sample or other thing from another person in performing an intimate forensic procedure under this chapter must give the other person, or someone nominated by the person, a part of the sample or thing or an equivalent sample or thing for the other person’s own purposes.
(sec.511-ssec.2) However, subsection (1) does not apply if— it is not practicable to give a part of the sample or thing or an equivalent sample or thing to the other person; or The size of the sample taken is too small to effectively provide the person with an equivalent sample. in the case of a sample, an equivalent sample for the purpose may be taken from the other person’s body at any time. a sample of blood taken for DNA analysis
(sec.511-ssec.3) Also, if a doctor or forensic nurse examiner considers complying with subsection (1) may be inappropriate because, for example, the part or equivalent sample or thing may be used to, or could, transmit a communicable disease, the doctor or forensic nurse examiner may instead send, at the other person’s expense, the part or equivalent sample or thing to a doctor nominated by the other person or by the other person’s lawyer for safe custody.
(sec.511-ssec.4) If the other person or the other person’s lawyer does not nominate a doctor, the doctor or forensic nurse examiner taking the sample or thing need not provide the part or equivalent sample or thing and the part or equivalent sample or thing intended to be given to the other person may be destroyed.
(sec.511-ssec.5) As soon as reasonably practicable after a police officer is given the results of an analysis conducted using a sample or other thing taken as mentioned in subsection (1) , the police officer must give the person to whom the results relate, or someone nominated by the person, a copy of the results.
- (a) it is not practicable to give a part of the sample or thing or an equivalent sample or thing to the other person; or Example— The size of the sample taken is too small to effectively provide the person with an equivalent sample.
- (b) in the case of a sample, an equivalent sample for the purpose may be taken from the other person’s body at any time. Example— a sample of blood taken for DNA analysis