Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23XWS

Recording of giving of information and consent

             (1)  The constable must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the volunteer's or volunteer's parent's or guardian's responses (if any) are tape recorded.

             (2)  If tape recording the giving of information and the volunteer's, parent's or guardian's responses (if any) is not practicable, the constable must ensure that:

                     (a)  a written record of the giving of the information and the volunteer's, parent's or guardian's responses (if any) is made; and

                     (b)  a copy of the record is made available to the volunteer, parent or guardian.

Note 1:       Division 9 contains provisions about making copies of material (including copies of tapes) available to volunteers.

Note 2:       If a foreign law enforcement agency requests that a forensic procedure be carried out on a volunteer, a copy of the tape recording or the written record may also be provided to the foreign law enforcement agency: see subsection 23YQD(2).



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