South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Forensic Procedures) (Blood Testing for
Diseases) Amendment Bill 2015
A BILL FOR
An Act to amend the
Criminal
Law (Forensic Procedures) Act 2007
.
Contents
Part 2—Amendment of Criminal Law
(Forensic Procedures) Act 2007
5Amendment of section
3—Interpretation
6Insertion of Part 2 Division 4
Division 4—Blood testing of certain
persons for communicable diseases
20BSenior police
officer may require certain persons to provide blood sample
7Amendment of section 31—Use of
force
34AForensic
material obtained under Part 2 Division 4
39ADestruction of
forensic material obtained under Part 2 Division 4
48AInadmissibility
of evidence relating to forensic procedure under Part 2
Division 4
11Amendment of section
58—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Forensic Procedures) (Blood
Testing for Diseases) Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law (Forensic Procedures)
Act 2007
Long title—after "offences" insert:
and for other purposes
5—Amendment
of section 3—Interpretation
Section 3(1), definition of suspects procedure—delete
the definition and substitute:
suspects procedure means a forensic procedure authorised
under Part 2 Division 2 and includes, for the purposes of Part 3,
a forensic procedure authorised under Part 2 Division 4;
6—Insertion
of Part 2 Division 4
After section 20 insert:
Division 4—Blood testing of certain persons for
communicable diseases
20A—Interpretation
In this Division—
accident or emergency department of a hospital means the part
of a hospital dedicated to the hospital's major accident and emergency
functions, including those areas of the department used for administrative,
waiting, reception, storage, diagnostic, treatment, consultation, triage and
resuscitation functions and the access bays for ambulance and police;
biological material of a person means the person's blood or
bodily fluids or any other biological material of the person that is capable of
communicating or transmitting a disease;
emergency services provider means—
(a) South Australian Country Fire Service; or
(b) South Australian Metropolitan Fire Service; or
(c) South Australian State Emergency Service; or
(d) SA Ambulance Service Inc; or
(e) St John Ambulance Australia South Australia Incorporated;
or
(f) Surf Life Saving South Australia Incorporated; or
(g) a volunteer marine rescue association accredited by the State Marine
Rescue Committee to perform search and rescue functions; or
(h) the accident or emergency department of a hospital;
emergency work means work carried out (whether or not in
response to an emergency) by or on behalf of an emergency services
provider;
hospital means the site of an incorporated hospital or
private hospital (both within the meaning of the
Health
Care Act 2008
) at which the health services provided by the hospital include services
provided on a live-in basis;
medical practitioner means a person registered under the
Health Practitioner Regulation National Law to practise in the medical
profession;
prescribed employment—the following is prescribed
employment:
(a) employment as a police officer;
(b) employment in emergency work (whether carried out for remuneration or
on a voluntary basis);
(c) employment as a medical practitioner in a hospital;
(d) employment as a nurse or midwife in a hospital;
(e) employment in the provision of assistance or services, in a hospital,
to a medical practitioner, nurse or midwife acting in the course of his or her
employment in the hospital;
prescribed serious offence—the following are prescribed
serious offences:
(a) an offence against section 20 of the
Criminal
Law Consolidation Act 1935
where the victim is a person engaged in prescribed employment acting in
the course of his or her official duties;
(b) an offence against section 23 of the
Criminal
Law Consolidation Act 1935
where the victim is a person engaged in prescribed employment acting in
the course of his or her official duties;
(c) an offence against section 24 of the
Criminal
Law Consolidation Act 1935
where the victim is a person engaged in prescribed employment acting in
the course of his or her official duties;
(d) an offence against section 29 of the
Criminal
Law Consolidation Act 1935
where the victim is a person engaged in prescribed employment acting in
the course of his or her official duties;
(e) an offence against Part 3A of the
Criminal
Law Consolidation Act 1935
;
(f) an offence against section 6 of the
Summary
Offences Act 1953
;
(g) an offence against section 6A of the
Summary
Offences Act 1953
;
(h) any other serious offence prescribed by the regulations.
20B—Senior police officer may require certain
persons to provide blood sample
(1) A forensic
procedure consisting of the taking of a sample of blood may be carried out on a
person under this Division if a senior police officer (the authorising
officer) is satisfied that—
(a) the person is suspected of a prescribed serious offence; and
(b) it is likely that a person engaged in prescribed employment came into
contact with, or was otherwise exposed to, biological material of the person as
a result of the suspected offence.
(2) The authorising officer must make a written record of the grounds on
which he or she determined that the forensic procedure should be carried out on
a person under this Division and a copy of the record must be given to the
person.
(3) For the avoidance of doubt, a forensic procedure may be carried out on
a person under this Division whether or not the person is in lawful
custody.
(4) This section applies whether the relevant offence was committed
before, on or after the commencement of this section.
7—Amendment
of section 31—Use of force
Section 31(1)(b)—delete "evidence obtained from" and
substitute:
material obtained by carrying out
After section 34 insert:
34A—Forensic material obtained under Part 2
Division 4
Forensic material obtained from a person by carrying out a forensic
procedure under Part 2 Division 4 must not be used for a purpose other
than testing the material for communicable diseases.
After section 39 insert:
39A—Destruction of forensic material obtained under
Part 2 Division 4
The Commissioner of Police must ensure that forensic material obtained from
a person by carrying out a forensic procedure under Part 2 Division 4
is destroyed as soon as is reasonably practicable after the material has been
tested for communicable diseases in accordance with section 34A.
After section 48 insert:
48A—Inadmissibility of evidence relating to
forensic procedure under Part 2 Division 4
The results of a test of forensic material obtained from a person by
carrying out a forensic procedure under Part 2 Division 4 or any
admission or statement made by a person in relation to such a forensic
procedure—
(a) will not be
admissible in evidence against the person who submitted to the forensic
procedure in any proceedings, other than—
(i) proceedings for an offence against this Act; or
(ii) civil
proceedings in connection with death or bodily injury caused by or arising out
of the serious offence to which the forensic procedure relates; and
(b) may not be relied on as grounds for the exercise of any search power
or the obtaining of any search warrant.
11—Amendment
of section 58—Regulations
Regulation 58(2)—before paragraph (a) insert:
(aa) the carrying out of forensic procedures under Part 2
Division 4, the testing of forensic material obtained by such forensic
procedures for communicable diseases (including by prohibiting the carrying out
of tests of a specified kind) and the communication of the results of such
testing to a specified person or body; and