sec.519AGender safeguard for photographing breasts

### sec.519A Gender safeguard for photographing breasts This section applies to a non-intimate forensic procedure that— consists of photographing a person’s breasts; and is performed by a qualified person who is not a doctor or forensic nurse examiner. Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the person being photographed. The person to be photographed must be given— an explanation of the process; and a reasonable opportunity to express a preference about the gender of the person taking the photograph. A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; 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. The photograph may be taken by a person authorised by the qualified person to take the photograph if reasonably necessary— to ensure that the person taking the photograph and the person being photographed are of the same gender; or to accommodate a preference expressed by the person; or to address a concern related to gender in a way that minimises embarrassment and offence. s 519A ins 2024 No. 24 s 37 (sec.519A-ssec.1) This section applies to a non-intimate forensic procedure that— consists of photographing a person’s breasts; and is performed by a qualified person who is not a doctor or forensic nurse examiner. (sec.519A-ssec.2) Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the person being photographed. (sec.519A-ssec.3) The person to be photographed must be given— an explanation of the process; and a reasonable opportunity to express a preference about the gender of the person taking the photograph. (sec.519A-ssec.4) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; 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.519A-ssec.5) The photograph may be taken by a person authorised by the qualified person to take the photograph if reasonably necessary— to ensure that the person taking the photograph and the person being photographed are of the same gender; or to accommodate a preference expressed by the person; or to address a concern related to gender in a way that minimises embarrassment and offence. - (a) consists of photographing a person’s breasts; and - (b) is performed by a qualified person who is not a doctor or forensic nurse examiner. - (a) an explanation of the process; and - (b) a reasonable opportunity to express a preference about the gender of the person taking the photograph. - (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or - (b) 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. - (a) to ensure that the person taking the photograph and the person being photographed are of the same gender; or - (b) to accommodate a preference expressed by the person; or - (c) to address a concern related to gender in a way that minimises embarrassment and offence.