59Taking identification material

59 Taking identification material (1) A police officer must not take identification material from a person detained under a preventative detention order otherwise than in accordance with this section. (2) A police officer of or above the rank of sergeant may take identification material from the person, or cause identification material to be taken from the person, if— (a) the person consents in writing; or (b) the police officer believes, on reasonable grounds, that it is necessary to take the material to confirm the person’s identity as the person stated in the order. (3) If the police officer believes on reasonable grounds that the person has suffered an injury or illness while detained under the order, the officer must, as soon as practicable— (a) make a written record of the injury or illness suffered by the person; and (b) if the injury or illness can be recorded visually—take, or cause to be taken, a photograph or video recording of the injury or illness, in accordance with section 59A. (4) A police officer may use the force that is reasonably necessary to take identification material from the person under subsection (2) (b) or (3).

Preventative detention orders—identification material Division 2.12 (5) Subject to this section, if the person has impaired decision-making ability, a police officer must not take identification material (other than prints of the person’s hands, fingers, feet or toes) from the person under this section unless the Supreme Court orders that the material be taken. (6) If the person has impaired decision-making ability, the taking of identification material from the person must be done in the presence of— (a) a parent or guardian of the person; or (b) if a parent or guardian of the person is not acceptable to the person—another appropriate person. (7) To remove any doubt, this section does not apply to anything done under section 58. (8) In this section: appropriate person, for a person with impaired decision-making ability, means someone who— (a) can represent the person’s interests; and (b) is, as far as practicable, acceptable to the person and to the police officer detaining the person; and (c) is not a police officer; and (d) is not an AFP employee (within the meaning of the Australian Federal Police Act 1979 (Cwlth)); and (e) is not a member (however described) of a police force of a State or another Territory; and (f) is not an officer or employee of the Australian Security Intelligence Organisation.