30Intimate procedure

30 Intimate procedure (1) An authorised officer or a police officer for the time being in charge of a police station may arrange for a medical practitioner or dentist to carry out an intimate procedure on a youth in the following circumstances: (a) the youth is in lawful custody in respect of an offence; (b) the youth has been charged with an offence; against him or her for an offence; of an offence being brought against the youth by summons. Youth Justice Act 2005 20 (2) The officer may only make the arrangement if he or she believes on reasonable grounds that the procedure may provide evidence relating to the offence or any other offence punishable by imprisonment. (3) The intimate procedure must only be carried out with the approval of a Local Court Judge. (4) The officer may apply to a Local Court Judge for the approval: (5) The Local Court Judge may approve an intimate procedure being carried out if, after hearing the officer and the youth to whom the application relates, the Local Court Judge is satisfied that the officer has reasonable grounds for believing that the procedure may provide evidence referred to in subsection (2). (b) specify the intimate procedure that may be carried out. (7) The Local Court Judge must give or send a copy of the approval to the officer as soon as practicable. (8) The officer may proceed under the approval despite not having received it if he or she is informed of the approval by the Local Court Judge by telephone. (9) A medical practitioner or dentist may carry out the intimate procedure in accordance with the approval. (10) A police officer: (a) may assist a medical practitioner or dentist to carry out the intimate procedure; and (b) may use reasonable force when assisting the medical practitioner or dentist. Note for subsection (10) (11) Before the intimate procedure is carried out, a police officer must inquire whether the youth, or the support person who is with the youth in accordance with section 29, wishes to have a medical Youth Justice Act 2005 21 practitioner or dentist of his or her own choice present when the procedure is carried out. (12) If the youth or support person wishes to have a medical practitioner or dentist of his or her own choice present, the police officer must: (a) provide reasonable facilities to enable the youth or person to arrange for the medical practitioner or dentist to be present; and (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 dentist can be present. (13) A medical practitioner or dentist is not civilly or criminally liable for an act done or omitted to be done in good faith in carrying out an intimate procedure under this section. (14) This section does not prevent a medical practitioner or dentist from examining a youth in lawful custody at the request of the youth or treating the youth for an illness or injury. (15) In this section: 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.