Section 23XN — Crimes Act 1914: Certain forensic procedures generally to be carried out by person of same sex as suspect

(1) If practicable, an intimate forensic procedure (other than the taking of a sample of blood or a dental impression) is to be carried out: (a) if the suspect is an adult—by a person of the same sex as the suspect; or (b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect. (2) If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat is to be carried out: (a) if the suspect is an adult—by a person of the same sex as the suspect; or (b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect. (3) If practicable, a person asked under section 23XO to help carry out a forensic procedure covered by subsection (1) or (2): (a) is to be: (i) if the suspect is an adult—a person of the same sex as the suspect; or (ii) if the suspect is a child—a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect; and (b) is to be a person who is not inappropriate to help carry out the forensic procedure.