Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
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
(c) not involve more visual inspection 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.