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TASMANIA
__________
GUARDIANSHIP AND ADMINISTRATION
AMENDMENT BILL 2015
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Meaning of "person responsible")
6. Section 43 amended (Consent by persons responsible)
7. Section 45 amended (Consent of Board)
8. Repeal of Act
[Bill 30]-V
2
GUARDIANSHIP AND ADMINISTRATION
AMENDMENT BILL 2015
This Public Bill originated in the Legislative Council, and, having this day passed, is
now ready for presentation to the House of Assembly for its concurrence.
D. T. Pearce, Clerk of the Council
20 August 2015
(Brought in by the Minister for Justice, the Honourable Dr.
Vanessa Goodwin)
A BILL FOR
An Act to amend the Guardianship and Administration Act
1995
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Guardianship and
Administration Amendment Act 2015.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 30] 3
Guardianship and Administration Amendment Act 2015
Act No. of
s. 3
3. Principal Act
In this Act, the Guardianship and
Administration Act 1995* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of information:
intimate forensic procedure means -
(a) an external examination
of the genital or anal area,
the buttocks or, in the
case of a female, the
breasts; and
(b) an internal examination of
a body cavity other than
the mouth; and
(c) the taking of a sample of
pubic hair; and
(d) 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; and
*No. 44 of 1995
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Guardianship and Administration Amendment Act 2015
Act No. of
s. 4
(e) the taking of a sample by
vacuum suction, by
scraping or by lifting by
tape from the external
genital or anal area, the
buttocks or, in the case of
a female, the breasts; and
(f) the taking of a sample by
swab or washing from a
body cavity other than the
mouth; and
(g) the taking of an X-ray of a
part of the body; and
(h) the taking of a dental
impression; and
(i) the taking of a photograph
of, or an impression or
cast from, the external
genital or anal area, the
buttocks or, in the case of
a female, the breasts; and
(j) any other procedure
prescribed by the
Forensic Procedures
Regulations 2010 as an
intimate forensic
procedure;
(b) by inserting the following paragraph after
paragraph (b) in the definition of medical
or dental treatment:
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Guardianship and Administration Amendment Act 2015
Act No. of
s. 4
(ba) an intimate forensic procedure
and a non-intimate forensic
procedure normally carried out by
a person authorised to carry out
the procedure under section 40 of
the Forensic Procedures Act
2000; or
(c) by inserting the following definition after
the definition of medical or dental
treatment:
non-intimate forensic procedure
means -
(a) the taking of a sample of
blood; and
(b) the taking of a sample of
saliva; and
(c) the taking of a sample by
buccal swab; and
(d) an external examination
of a part of the body,
other than the external
genital or anal area, the
buttocks or, in the case of
a female, the breasts, that
requires the touching of
the body or the removal
of clothing; and
(e) an internal examination of
the mouth; and
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Guardianship and Administration Amendment Act 2015
Act No. of
s. 4
(f) the taking of a sample of
hair other than pubic hair;
and
(g) the taking of a sample
from a nail or under a
nail; and
(h) 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; and
(i) the taking of a sample by
vacuum suction, by
scraping or by 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; and
(j) the taking of a handprint,
fingerprint, footprint or
toeprint; and
(k) the taking of a photograph
of a person or an external
part of a person other than
the external genital or
anal area, the buttocks or,
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Guardianship and Administration Amendment Act 2015
Act No. of
s. 5
in the case of a female,
the breasts; and
(l) the taking of an
impression or cast from a
part of the body other
than the genital or anal
area, the buttocks or, in
the case of a female, the
breasts; and
(m) any other procedure
prescribed by the
Forensic Procedures
Regulations 2010 as a
non-intimate forensic
procedure -
but does not include an intrusion
into any body cavity of a person
other than the mouth;
5. Section 4 amended (Meaning of "person
responsible")
Section 4 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)(iv)
"other person." and substituting "other
person; or";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
8
Guardianship and Administration Amendment Act 2015
Act No. of
s. 5
(d) in relation to an intimate forensic
procedure, or a non-intimate
forensic procedure, in respect of
the other person, to which a
request under subsection (1A)
relates, the Public Guardian.
(c) by inserting the following subsections
after subsection (1):
(1A) A police officer or registered
practitioner may, by notice to the
Public Guardian, request the
Public Guardian to become the
person responsible for a person in
relation to an intimate forensic
procedure or a non-intimate
forensic procedure in respect of
the person if -
(a) the person is a person to
whom Part 6 applies; and
(b) the police officer or
registered practitioner
reasonably believes that
the carrying out of the
procedure on the person,
by a person authorised to
carry out the procedure
under section 40 of the
Forensic Procedures Act
2000, would be in the best
interests of the person;
and
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Guardianship and Administration Amendment Act 2015
Act No. of
s. 5
(c) the police officer or
registered practitioner is
satisfied as to the relevant
matters in relation to the
person.
(1B) For the purposes of
subsection (1A)(c), the relevant
matters in relation to a person are
that -
(a) another person, who is not
the Public Guardian and
who is the person
responsible for the
person -
(i) has refused to
consent to the
carrying out of the
intimate forensic
procedure or non-
intimate forensic
procedure on the
person; or
(ii) is unavailable or
inaccessible and
his or her consent
cannot be sought
within a
reasonable time;
or
(b) there is no person
responsible for the person
10
Guardianship and Administration Amendment Act 2015
Act No. of
s. 6
who is not the Public
Guardian; or
(c) it is not in the best
interests of the person for
the consent, of a person
who is not the Public
Guardian and who is a
person responsible for the
person, to be sought.
6. Section 43 amended (Consent by persons
responsible)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "For"
and substituting "Subject to
subsection (3), for";
(b) by inserting the following paragraph after
paragraph (e) in subsection (2):
(ea) in the case of proposed medical
or dental treatment that is an
intimate forensic procedure or a
non-intimate forensic procedure -
(i) that a police officer or
registered practitioner
suspects that that person
is a victim of a crime; and
(ii) that a police officer or
registered practitioner has
11
Guardianship and Administration Amendment Act 2015
Act No. of
s. 7
requested the treatment be
carried out in relation to
that person because the
officer or practitioner
suspects that that person
is a victim of a crime; and
(c) by inserting the following subsection
after subsection (2):
(3) Subsection (2)(e) does not apply
to medical or dental treatment
that is an intimate forensic
procedure or a non-intimate
forensic procedure.
7. Section 45 amended (Consent of Board)
Section 45(2) of the Principal Act is amended by
inserting after paragraph (e) the following
paragraph:
(ea) in the case of proposed medical or dental
treatment that is an intimate forensic
procedure or a non-intimate forensic
procedure, where a police officer or
registered practitioner suspects that that
person is a victim of a crime -
(i) that a police officer or registered
practitioner reasonably believes
that the person responsible for
that person may have committed
the crime of which that person is
suspected of being a victim; or
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Guardianship and Administration Amendment Act 2015
Act No. of
s. 8
(ii) that a police officer or registered
practitioner reasonably believes
that that person's interests would
not be protected if the consent of
a person responsible is sought;
and
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 13