Section 23XM — Crimes Act 1914: Persons who may carry out forensic procedures

(1) The table following subsection (4) shows, for each forensic procedure, the persons who may carry out the procedure under this Part. A person not specified in the second column of the table is not authorised to carry out a forensic procedure under this Part except as mentioned in section 23XO. (2) The third column of the table following subsection (4) shows, for each forensic procedure, whether the suspect is entitled to request that a medical practitioner or dentist of the suspect’s choice is present while the forensic procedure is carried out. Note: Section 23XP makes detailed provision for the presence of a medical practitioner or dentist of the suspect’s choice while a forensic procedure is carried out. (3) A person is authorised to carry out a particular forensic procedure if he or she is an appropriately qualified person in relation to the procedure even if the person also satisfies another description specified in the following table that is not specified in relation to the particular forensic procedure. Example: A constable who is an appropriately qualified person to take samples of blood may take such samples even though the table does not expressly list constables as persons who may take samples of blood. (4) This section does not prevent a suspect from taking a sample of saliva, or a sample by buccal swab, from himself or herself under the supervision of an appropriately qualified person. Who may carry out forensic procedures Forensic procedure Persons who may carry out forensic procedure Is suspect entitled to request presence of medical practitioner or dentist of suspect’s choice? 1 external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner nurse appropriately qualified person yes (medical practitioner) 2 the taking of a sample of blood (other than by a finger prick) medical practitioner nurse appropriately qualified person yes (medical practitioner) 4 the taking of a sample of pubic hair medical practitioner nurse appropriately qualified person yes (medical practitioner) 5 the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner nurse appropriately qualified person yes (medical practitioner) 6 the taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner nurse appropriately qualified person yes (medical practitioner) 7 the taking of a dental impression medical practitioner dentist dental technician yes (dentist or medical practitioner) 8 the taking of a photograph or a video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts appropriately qualified person yes (medical practitioner) 9 external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing medical practitioner nurse appropriately qualified person no 9A the taking of a sample of blood by a finger prick medical practitioner nurse constable appropriately qualified person no 9B the taking of a sample of saliva, or a sample by buccal swab medical practitioner dentist dental technician nurse constable appropriately qualified person no 10 the taking of a sample of hair other than pubic hair medical practitioner nurse constable appropriately qualified person no 11 the taking of a sample from a nail or from under a nail medical practitioner nurse constable appropriately qualified person no 12 the taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner nurse appropriately qualified person no 13 the taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts medical practitioner nurse appropriately qualified person no 14 the taking of a hand print, finger print, foot print or toe print appropriately qualified person no 15 the taking of a photograph or a video recording of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts appropriately qualified person no Note: Appropriately qualified (as used in the expression “appropriately qualified person”) is defined in section 23WA.