sec.517Help with, and use of force for, performing forensic procedure

### sec.517 Help with, and use of force for, performing forensic procedure This section applies if a qualified person may perform a forensic procedure on a person. The qualified person may ask another person to give reasonably necessary help. Subject to this section, if it is reasonably practicable, the helper must be— a doctor, dentist or forensic nurse examiner; or a person of the same gender as the person undergoing the procedure. If the helper is not a doctor, dentist or forensic nurse examiner, the person who is to undergo the procedure must be given— an explanation of the procedure; and a reasonable opportunity to express a preference about the gender of the helper. A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or there is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor. If it is not reasonably practicable to accommodate the preference or if no preference is expressed, a helper may be chosen to address a concern related to gender in a way that minimises embarrassment and offence. It is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure. s 517 ins 2003 No. 49 s 10 amd 2014 No. 1 s 28 ; 2024 No. 24 s 36 (sec.517-ssec.1) This section applies if a qualified person may perform a forensic procedure on a person. (sec.517-ssec.2) The qualified person may ask another person to give reasonably necessary help. (sec.517-ssec.3) Subject to this section, if it is reasonably practicable, the helper must be— a doctor, dentist or forensic nurse examiner; or a person of the same gender as the person undergoing the procedure. (sec.517-ssec.4) If the helper is not a doctor, dentist or forensic nurse examiner, the person who is to undergo the procedure must be given— an explanation of the procedure; and a reasonable opportunity to express a preference about the gender of the helper. (sec.517-ssec.5) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or there is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor. (sec.517-ssec.6) If it is not reasonably practicable to accommodate the preference or if no preference is expressed, a helper may be chosen to address a concern related to gender in a way that minimises embarrassment and offence. (sec.517-ssec.7) It is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure. - (a) a doctor, dentist or forensic nurse examiner; or - (b) a person of the same gender as the person undergoing the procedure. - (a) an explanation of the procedure; and - (b) a reasonable opportunity to express a preference about the gender of the helper. - (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or - (b) there is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or - (c) it is not reasonably practicable to accommodate the preference. - 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process. - • a lewd or otherwise offensive purpose; - • an attempt to frustrate the process. - 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor. - • a lewd or otherwise offensive purpose; - • an attempt to frustrate the process.