Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 517

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

(1) This section applies if a qualified person may perform a forensic procedure on a person.

(2) The qualified person may ask another person to give reasonably necessary help.

(3) Subject to this section, if it is reasonably practicable, the helper must be—

(a) a doctor, dentist or forensic nurse examiner; or

(b) a person of the same gender as the person undergoing the procedure.

(4) If the helper is not a doctor, dentist or forensic nurse examiner, the person who is to undergo the procedure must be given—

(a) an explanation of the procedure; and

(b) a reasonable opportunity to express a preference about the gender of the helper.

(5) A preference must be accommodated unless—

(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.

Notes—

1 An improper purpose includes the following—

• 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.

(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.

(7) It is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure.