Page 2744 - Week 07 - Thursday, 3 July 2008
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MR CORBELL: I move amendments Nos 1 to 9 circulated in my name together [See schedule 2 at page 2784].
Amendments Nos 1 to 9 deal with a range of issues that I have highlighted in my closing speech. I just work through them briefly. Amendment No 1 deletes the reference to the police, ensuring that a person is advised of their right to have a doctor or dentist present when they are having a forensic sample taken. New sections 24, 72 and 80 require the police to advise a person of their right to have a relevant health professional present during the taking of a sample, and the removal of this requirement in new section 49A (1) (b) ensures clarity about who may be present and how many times the person needs to be advised of their rights in this regard.
Government amendment No 2 replaces the reference to a place of detention with the phrase “or other place”, in order to ensure a broader interpretation of places that people may be accommodated while detained, to ensure that all reasonable scenarios are included in the section, including the anticipated changes to terminology that have been introduced in the Children and Young People Act 2008. It also broadens the definition of health professional so that it is not restricted to the definition attached to the place of detention and is wide enough to accommodate any changes in terminology in the legislation that governs different places of detention.
Government amendment No 3 replaces a reference to a place of detention as well, in the same manner as the previous amendment, as does government amendment No 4 and government amendment No 5. Government amendment No 6 allows the minister to enter into additional arrangements with other forensic laboratories in order to allow the police to access foreign laboratories that utilise emerging forensic technology. I referred to that matter in my closing speech in the in-principle stage.
Government amendment No 7 clarifies that any appeal period must have expired before any forensic material may be destroyed. Government amendment No 8 inserts a new definition of health professional that allows for flexibility in the choice of person that a person who is undergoing a forensic procedure may elect to have present during their procedure. It is drafted to incorporate allowing for people who are having samples taken interstate to have a health professional registered in their location present.
Finally, government amendment No 9 provides clarity on who may be present during the examination of intersex people, identifies females and that a police officer is an appropriately qualified person for the taking of a hair sample. I commend these amendments to the Assembly.
Amendments agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
Order of the day—postponement
Ordered that order of the day No 4 executive business be postponed until a later hour.
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