Page 2897 - Week 09 - Tuesday, 11 October 2022

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(b) if the injury or illness can be recorded visually—take, or cause to be taken, a photograph or video recording of the injury or illness, in accordance with section 59A.

8A Section 59 (3)

after

subsection (2) (b)

insert

or (2A)

8B New section 59A

insert

59A Recording injury and illness

(1) This section applies if a photograph or video recording of a detained person’s injury or illness must be taken under section 59 (2A).

(2) Before a photograph or video recording is taken, a police officer must tell the detained person that the person may request—

(a) the photograph or video recording be taken by a person of a particular sex; and

(b) a copy of the photograph or video recording.

(3) A written record must be made of the giving of the information under subsection (2), including the person’s response (if any).

(4) The following must be given to the detained person:

(a) if requested by the detained person—a copy of the photograph or video recording taken under section 59 (2A);

(b) a copy of the record made under subsection (3).

(5) The taking of a photograph or video recording under section 59 (2A) must—

(a) be carried out in circumstances providing reasonable privacy to the detained person; and

(b) not involve the removal of more clothing than is necessary for the taking of the photograph or video recording; and

(d) be carried out in the presence or view of a person only if the person is—

(i) reasonably necessary for taking, or assisting in taking, the photograph or video recording; and

(ii) if the detained person has made a request that the photograph or video recording be taken by a person of a particular sex—the same sex as the sex requested by the detained person.

Clause 9

Proposed new section 60 (1) (b)

Page 5, line 9—

omit proposed new section 60 (1) (b), substitute

(b) for material taken under section 59 (2A)—for the purpose of a complaint, investigation or proceeding that relates to the injury or illness suffered by the person while detained under the order.

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