Criminal Investigation (Identifying People) Act 2002 (WA)

Western Australia Criminal Investigation (Identifying People) Act 2002 Western Australia Criminal Investigation (Identifying People) Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: reasonably suspects 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 5. Public officers may be authorised to exercise powers 1 6. Officer's duty to identify himself or herself 1 7A. Requesting or informing people under this Act 1 7. Non‑consent to be assumed in some cases 1 8. Procedures for obtaining material from which to obtain specific identifying particulars 1 9. Samples for DNA profile of person to be provided to person on request 1 10. How charge is finalised without finding of guilt 1 Part 2 — General 11. Application of this Act 1 12A. Authority required for some investigations 1 12. Information and forensic material from another State, a Territory or the Commonwealth 1 13. Assistance when exercising powers 1 14. Use of force when exercising powers 1 15. Warrants, applying for 1 Part 3 — Personal details of people 16. Name, address etc., duty to give to police etc. 1 Part 4 — Identifying particulars of volunteers and others Division 1 — Preliminary 17. Terms used 1 18. How identifying procedures are to be done 1 Division 2 — Volunteers 19. Volunteer for an identifying procedure to be informed 1 20. Volunteer may consent to identifying procedure 1 Division 3 — Deceased people 21. Identifying particulars of deceased people, taking of 1 Division 4 — Police officers 22. Identifying particulars of police officers, taking of 1 Part 5 — Identifying particulars of victims and witnesses 23. Terms used 1 24. How identifying procedures to be done 1 25. Request to adult to undergo identifying procedure 1 26. Request for protected person to undergo identifying procedure 1 27. Request and giving of information to be recorded 1 28. When identifying procedure may be done 1 29. Consent may be withdrawn 1 30. Decision may be changed 1 31. IP warrant (involved protected person), officer may apply for 1 32. IP warrant (involved protected person), application for 1 33. IP warrant (involved protected person), issue and effect of 1 Part 6 — Identifying particulars of uncharged suspects 34. Terms used 1 35. Purpose of identifying procedure 1 36. How identifying procedures to be done 1 37. Request to adult to undergo identifying procedure 1 38. Request for protected person to undergo identifying procedure 1 39. Request and giving of information to be recorded 1 40. When identifying procedure may be done 1 41. Consent may be withdrawn 1 42. Approval or IP warrant (suspect), officer may apply for 1 43. Approval to do non‑intimate identifying procedure on adult, application for 1 44. Senior officer may approve non‑intimate identifying procedure to be done on adult 1 45. IP warrant (suspect), application for 1 46. IP warrant (suspect), issue and effect of 1 Part 7 — Identifying particulars of charged suspects 47. Terms used 1 48. How identifying procedures are to be done 1 49. Request for charged suspect to undergo identifying procedure 1 50. Request and giving of information to be recorded 1 51. When identifying procedure may be done 1 Part 8A — Identifying particulars of serious offenders 52A. Terms used 1 52B. How identifying procedures are to be done 1 52C. Identifying particulars may be taken 1 52D. Request and giving of information to be recorded 1 52E. When identifying procedure may be done 1 Part 8 — How identifying procedures are to be done 52. Terms used 1 53. Application of Part 1 54. General requirements 1 55. Sex of people doing procedures 1 56. Who may do identifying procedure 1 57. Personal details may be obtained as well 1 58. How samples and impressions to be taken 1 59. Procedures may be repeated 1 60. People not obliged to do procedures 1 Part 9 — Use and destruction of identifying information 61. Terms used 1 62. Identifying information of volunteers 1 63. Identifying information of deceased people 1 64. Identifying information of police officers 1 65. Identifying information of involved people 1 66. Identifying information of uncharged suspects 1 67. Identifying information of charged suspects 1 68A. Identifying information of serious offenders 1 68. Results of matched information to be made available to suspects 1 69. Request for destruction of identifying information 1 70. Destroying identifying information 1 71. Responsibility for destroying identifying information 1 72. Supreme Court may order information not to be destroyed 1 73. Disclosure of identifying information 1 74. Use of illegal identifying information 1 75. Improper use of information obtained in accordance with Act 1 Part 10 — DNA databases 76. Terms used 1 77. DNA profiles lawfully obtained before commencement of Part 1 79. Database managers, duties of 1 80. Operators of DNA databases to be authorised 1 Part 11 — Admissibility of evidence 81. Evidence of refusal of consent etc. 1 82. Evidence of conduct of procedure 1 83. Evidence obtained illegally 1 84. Evidence kept illegally 1 85. Evidence from illegal use of information 1 86. Court may admit inadmissible evidence 1 Part 12 — Enforcement elsewhere in Australia 87. Terms used 1 88. Corresponding laws etc., prescribing 1 89. Forensic orders, registration of 1 90. Forensic orders registered in WA may be executed in WA 1 91. Arrangements for sharing information 1 Part 13 — Miscellaneous 92. Protection from personal liability 1 93. Regulations 1 94. Criminal Investigation (Identifying People) Amendment Act 2011, transitional provision for 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Investigation (Identifying People) Act 2002 An Act to enable personal details and identifying particulars of people to be obtained by police and other officers for forensic purposes, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Criminal Investigation (Identifying People) Act 2002. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used (1) In this Act, unless the contrary intention appears — adult means a person who has reached 18 years of age and in respect of whom there are no reasonable grounds to suspect that he or she is an incapable person; child means a person who is under 18 years of age and in respect of whom there are no reasonable grounds to suspect that he or she is an incapable person; corresponding law has the meaning given by section 87; DNA database has the meaning given by section 76; forensic database has the meaning given by section 61; forensic purpose means — (a) investigating an offence or a suspected offence or offences generally; or (b) investigating the death of a person or identifying a deceased person; or (c) investigating the whereabouts of or identifying a missing person; identifying feature, in relation to a person, means a permanent or semi‑permanent physical feature of the person that helps to identify the person; Example for this definition: The face, iris or retina of a person or a birthmark, scar or tattoo on a person. identifying information has the meaning given by section 61; identifying particular has the meaning given by section 11(1), 17, 23, 34, 47, 52A or 61, as the case requires; identifying procedure means a procedure in the course of which — (a) one or more identifying particulars of a person are obtained from the person; and (b) if practicable, the person's personal details are obtained; impression includes a cast; incapable person means a person of any age — (a) who is unable by reason of a mental disability (which term includes intellectual disability, a psychiatric condition, an acquired brain injury and dementia) to understand the general nature and effect of, and the reason for and the consequences of undergoing, an identifying procedure; or (b) who is unconscious or otherwise unable to understand a request made or information given under this Act or to communicate whether or not he or she consents to an identifying procedure being done on him or her; intimate identifying procedure, in relation to a person, means — (a) an identifying procedure that is done on the person's private parts; or (b) the taking of a dental impression of the person; or (c) the taking of a sample of the person's blood; or (d) the taking of a sample of any bodily material of the person, other than the person's blood, by means of a procedure that is prescribed by the regulations to be an intimate identifying procedure; IP warrant (involved protected person) means a warrant issued under section 33; IP warrant (suspect) means a warrant issued under section 46; JP means Justice of the Peace; non‑intimate identifying procedure, in relation to a person, means an identifying procedure that is done on the person that is not an intimate identifying procedure, and includes the taking of a buccal swab from the person; offence means an offence under a written law but does not include a contempt of court; officer means a police officer or a public officer or both, as the case requires; official details means — (a) in respect of a police officer — the officer's surname and rank and includes, in relation to an application by the officer under this Act for a warrant, the officer's registered number; (b) in respect of a public officer — the officer's full name and official title; participating jurisdiction has the meaning given by section 87; personal details, in relation to a person, has the meaning given by section 16(1); photograph includes a video recording and a digital image; private parts, in relation to a person, means the person's genital area, anal area and buttocks and, in the case of — (a) a female; or (b) a male undergoing a reassignment procedure within the meaning of the Gender Reassignment Act 2000, includes the person's breasts; protected person means a person who is a child or an incapable person; Public Advocate has the meaning given by the Guardianship and Administration Act 1990; public officer means a person, other than a police officer, appointed under a written law to an office that is prescribed under section 5(1); reasonably suspects has the meaning given by section 4; remote communication means any way of communicating at a distance including by telephone, fax, email and radio; responsible person, in relation to a child, means — (a) a parent of the child; or (b) a guardian of the child; or (c) another person who has responsibility for the day‑to‑day care of the child; or (d) if no person mentioned in another paragraph of this definition is available — a person, or a person in a class of persons, prescribed by the regulations; responsible person, in relation to an incapable person, means — (a) the spouse or de facto partner of the incapable person; or (b) a parent of the incapable person; or (c) if the incapable person is under 18 years of age — a guardian of the incapable person; or (d) if the incapable person has reached 18 years of age — the Public Advocate or a guardian of the incapable person appointed under the Guardianship and Administration Act 1990; or (e) another person who has responsibility for the day‑to‑day care of the incapable person; or (f) if no person mentioned in another paragraph of this definition is available — a person, or a person in a class of persons, prescribed by the regulations; senior officer means — (a) a police officer who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; (b) a public officer who is prescribed by the regulations to be a senior officer for the purpose of this Act; serious offence means an offence the statutory penalty for which is or includes life imprisonment or imprisonment for 12 months or more; statutory penalty, in relation to an offence, means the penalty specified by a written law for the offence; volunteer has the meaning given by section 17; WA Police means the Police Force of Western Australia provided for by the Police Act 1892. (2) For the purposes of this Act a person is charged with an offence when — (a) the officer investigating the offence informs the person that he or she will be charged with the offence, whether or not at that time the officer has commenced a prosecution of the offence; or (b) a prosecution of the offence is commenced against the person, whichever happens first. (3) Examples prefaced by "For example:" in this Act do not form part of it and are provided to assist understanding. [Section 3 amended: No. 28 of 2003 s. 38; No. 84 of 2004 s. 80; No. 29 of 2008 s. 28; No. 42 of 2009 s. 16(2); No. 22 of 2013 s. 4; No. 17 of 2014 s. 6.] [Section 3. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 4. Term used: reasonably suspects For the purposes of this Act, a person reasonably suspects something at a relevant time if he or she personally has grounds at the time for suspecting the thing and those grounds (even if they are subsequently found to be false or non‑existent), when judged objectively, are reasonable. [Section 4 amended: No. 59 of 2006 s. 36.] 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 4A inserted: No. 34 of 2020 s. 58.] 5. Public officers may be authorised to exercise powers (1) For the purposes of this Act and in particular the definition of public officer in section 3, another Act or the regulations made under this Act may — (a) prescribe an office to which people are appointed under a written law for a public purpose and a function of which is the investigation of offences; and (b) in respect of that office, specify those of the powers in this Act that a holder of that office may exercise, being powers that this Act provides may be exercised by a public officer. (2) A public officer may only exercise a power under this Act in relation to an offence if — (a) the office held by the public officer has been prescribed under subsection (1)(a); and (b) the power is one that has been specified under subsection (1)(b) as one that the officer may exercise; and (c) the offence is one that the officer, by virtue of being such an officer, is authorised to investigate or prosecute. 6. Officer's duty to identify himself or herself (1) If under this Act an officer is required to identify himself or herself to a person the officer must — (a) if the officer is a police officer — (i) give the person the officer's official details; and (ii) if the officer is not in uniform, show the person evidence that the officer is a police officer; (b) if the officer is a public officer — (i) give the person the officer's official details; and (ii) show the person evidence that the officer is a public officer. (2) If an officer cannot comply with subsection (1)(a)(ii) or (1)(b)(ii) immediately, the officer must comply with it as soon as practicable. 7A. Requesting or informing people under this Act Unless expressly provided otherwise, if this Act permits a person to make a request to another person or requires a person to inform another person, the request or information may be given to the other person orally or in writing. [Section 7A inserted: No. 22 of 2013 s. 5.] 7. Non‑consent to be assumed in some cases A person who, having been requested under this Act to undergo an identifying procedure — (a) does not reply; or (ba) does not comply with any reasonable request made to him or her in order to enable the procedure to be done; or (b) having consented to it resists the carrying out of it, is taken not to have consented to undergoing it. [Section 7 amended: No. 22 of 2013 s. 6.] 8. Procedures for obtaining material from which to obtain specific identifying particulars (1) Material from which to obtain the DNA profile of a person may be obtained by doing one or, subject to section 59, more than one of the following procedures in the following order — (a) by doing one or both of these non‑intimate identifying procedures — (i) taking a buccal swab from the person; (ii) taking a sample of the person's hair (including the roots), other than pubic hair; (b) by doing one or both of these intimate identifying procedures — (i) taking a sample of the person's blood; (ii) taking a sample of the person's pubic hair (including the roots). (2) Without limiting subsection (1) material from which to obtain the DNA profile of a deceased person may be obtained by taking any body tissue (including bone or teeth) from the person. (3) A person must not use a procedure in subsection (1) to obtain material from a person unless it is impracticable to use a procedure listed before that procedure. (4) The regulations, in relation to any specific identifying particular of a person prescribed under section 17, 23, 34, 47 or 52A — (a) may specify one or more identifying procedures that may be done on the person to obtain bodily material for the purpose of obtaining that identifying particular of the person; and (b) in relation to an identifying procedure so specified, may provide that the procedure must not be used to obtain bodily material from the person unless it is impracticable to use another specified procedure. [Section 8 amended: No. 22 of 2013 s. 7.] 9. Samples for DNA profile of person to be provided to person on request (1) In this section — sample means a sample of bodily material taken from a person under this Act for the purpose of obtaining — (a) the DNA profile of the person; or (b) any identifying particular prescribed for the purposes of this definition. (2) This section applies to a sample if — (a) there is enough of the sample to be analysed for the purposes of this Act and also by or on behalf of the person from whom the sample was taken; and (b) the person requests a part of the sample. (3) The officer responsible for a sample being taken must ensure that — (a) a part of the sample that is enough for analysis is made available, without charge, to the person from whom it was taken; and (b) reasonable care is taken to ensure that the person's part of the sample is protected and preserved until the person is given it; and (c) reasonable assistance is given to the person to ensure that the sample is protected and preserved until it is analysed. (4) A person from whom a sample is taken must be informed that, subject to the matter referred to in subsection (2)(a), a part of the sample will be made available to him or her if requested. [Section 9 amended: No. 22 of 2013 s. 8.] 10. How charge is finalised without finding of guilt For the purposes of this Act, a charge is finalised without a finding of guilt if — (a) the charge is withdrawn; or (b) the charge is dismissed without a finding as to whether the person charged is guilty or not guilty; or (c) the person charged is found not guilty of the charge and is not found guilty of any other offence of which the person could have been found guilty as a result of the charge and — (i) no appeal is commenced against the finding; or (ii) an appeal is commenced against the finding and the appeal is withdrawn or the finding is confirmed. Part 2 — General 11. Application of this Act (1) In this section — identifying particular, in relation to a person, means — (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (c) an impression of an identifying feature of the person (including a dental impression); (d) a sample of the person's hair taken for purposes other than obtaining the person's DNA profile; (e) the person's DNA profile; (f) an identifying particular of the person that is prescribed under section 17, 23, 34, 47 or 52A; law enforcement officer means a police officer or a person appointed under a written law for a public purpose. (2) This Act does not apply — (a) to a person who, not being a law enforcement officer acting in the course of duty, obtains an identifying particular from, or a personal detail of, another person; or (b) to an identifying particular, or a personal detail, obtained by such a person. (3) This Act does not apply to or in respect of an identifying particular, or a personal detail, obtained in accordance with another written law. [Section 11 amended: No. 22 of 2013 s. 9.] 12A. Authority required for some investigations This Act is subject to the Criminal Appeals Act 2004 section 46C. [Section 12A inserted: No. 9 of 2012 s. 9.] 12. Information and forensic material from another State, a Territory or the Commonwealth Subject to section 91(2), forensic material, or information obtained from it, that is taken in accordance with the law of another State, a Territory or the Commonwealth may be retained or used in this State for investigative, statistical or evidentiary purposes even if its retention or use would, but for this section, constitute a breach of, or failure to comply with, any provision of this Act relating to the carrying out of identifying procedures. 13. Assistance when exercising powers (1) A person who may exercise a power in this Act may authorise as many other persons to assist in exercising the power as are reasonably necessary in the circumstances. (2) A person so authorised may exercise the power or assist the other person in exercising the power, as the case requires. (3) Whether authorised to do so or not, a person may assist another person in exercising a power in this Act if the person believes, on reasonable grounds, that the other person — (a) is lawfully entitled to exercise the power; and (b) needs assistance for the purpose of doing so. (4) A person who under subsection (2) or (3) may exercise a power, or assist in exercising a power, must obey any lawful and reasonable directions of the person who gave the authorisation or who is being assisted. 14. Use of force when exercising powers When exercising a power in this Act, a person may use any force that is reasonably necessary in the circumstances — (a) to exercise the power; and (b) to overcome any resistance to exercising the power that is offered, or that the person exercising the power reasonably suspects will be offered, by any person. 15. Warrants, applying for (1) In this section — judicial officer means a JP or a magistrate, as the case requires. (2) A reference in this section to making an application includes a reference to giving information in support of the application. (3) This section applies to and in respect of an application to a judicial officer for a warrant if another section of this Act requires the application to be made under this section. (4) The application must be made in person before the judicial officer unless — (a) the warrant is needed urgently; and (b) the applicant reasonably suspects that a judicial officer is not available within a reasonable distance of the applicant, in which case — (c) it may be made to a judicial officer by remote communication; and (d) the judicial officer must not grant it unless satisfied about the matters in paragraphs (a) and (b). (5) The application must be made in writing unless — (a) the application is made by remote communication; and (b) it is not practicable to send the judicial officer written material, in which case — (c) it may be made orally; and (d) the judicial officer must make a written record of the application and any information given in support of it. (6) The application must be made on oath unless — (a) the application is made by remote communication; and (b) it is not practicable for the judicial officer to administer an oath to the applicant, in which case — (c) it may be made in an unsworn form; and (d) if the judicial officer issues a warrant, the applicant must as soon as practicable send the judicial officer an affidavit verifying the application and any information given in support of it. (7) If on an application made by remote communication a judicial officer issues a warrant, the judicial officer must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise — (a) the judicial officer must give the applicant by remote communication any information that must be set out in the warrant; and (b) the applicant must complete a form of a warrant with the information received and give the judicial officer a copy of the form as soon as practicable after doing so; and (c) the judicial officer must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant. (8) The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (7) has the same force and effect as the original warrant. [Section 15 inserted: No. 59 of 2006 s. 37.] Part 3 — Personal details of people 16. Name, address etc., duty to give to police etc. (1) In this section — face covering means an item of clothing, hat, helmet, mask or sunglasses, or any other thing worn by a person, that totally or partially covers the person's face; personal details, in relation to a person, means — (a) the person's full name; (b) the person's date of birth; (c) the address of where the person is living; (d) the address of where the person usually lives. (2) If an officer reasonably suspects that a person whose personal details are unknown to the officer — (a) has committed or is committing or is about to commit an offence; or (b) may be able to assist in the investigation of an offence or a suspected offence, the officer may request the person to give the officer any or all of the person's personal details. (3) If an officer reasonably suspects that a personal detail given by a person in response to a request is false, the officer may request the person to produce evidence of the correctness of the detail. (4A) If — (a) an officer makes a request to a person under subsection (2); or (b) a police officer requests or requires a person to give the police officer, under another written law and for a forensic purpose, any or all of the person's personal details, the officer may request the person — (c) to remove or adjust any face covering worn by the person; or (d) to do any other thing reasonably necessary, to enable the officer to see the person's face or verify the correctness of any personal detail, or any evidence of any personal detail, given by the person. (4B) It is sufficient compliance with a request made under subsection (4A)(c) if only so much of the person's face covering that totally or partially covers the person's face is removed or adjusted. (4C) If an officer makes a request to a person under this section, the officer may detain the person for a reasonable period for the purpose of the person's compliance with the request or to verify the correctness of any personal detail, or any evidence of any personal detail, given by the person. (4) A person to whom a request is made under subsection (2), (3) or (4A) may request the officer making the request to identify himself or herself. (5) An officer who is requested by a person to identify himself or herself must do so. (6) A person who, without reasonable excuse, does not comply with a request made under subsection (2), (3) or (4A) commits an offence. Penalty: Imprisonment for 12 months. (7) For the purposes of subsection (6), the fact that an officer did not comply with subsection (5) as soon as practicable is a reasonable excuse. (8) A person who, in response to a request made under subsection (2), gives any false personal details commits an offence. Penalty: Imprisonment for 12 months. (9) A person who, in response to a request made under subsection (3), produces any false evidence commits an offence. Penalty: Imprisonment for 12 months. [Section 16 amended: No. 22 of 2013 s. 10.] Part 4 — Identifying particulars of volunteers and others Division 1 — Preliminary 17. Terms used In this Part — identifying particular, in relation to a person, means — (a) a print of the person's hands (including fingers), feet (including toes) or ears; (b) a photograph of the person (including of an identifying feature of the person); (c) an impression of an identifying feature of the person (including a dental impression); (d) a sample of the person's hair taken for purposes other than obtaining the person's DNA profile; (e) the person's DNA profile; (f) an identifying particular of the person that is prescribed for the purposes of this definition; volunteer means a person who is — (a) an adult to whom section 19(1)(a) applies; or (b) an incapable person to whom section 19(1)(b) applies; or (c) a child to whom section 19(1)(c) applies. [Section 17 amended: No. 22 of 2013 s. 11.] 18. How identifying procedures are to be done An identifying procedure that under Division 2 or 4 may be done on a person must be done in accordance with Part 8. Division 2 — Volunteers 19. Volunteer for an identifying procedure to be informed (1) If — (a) in the case of a person who is an adult, the person volunteers to a police officer to undergo an identifying procedure for or in connection with a forensic purpose; or (b) in the case of a protected person who is an incapable person, a responsible person wants the incapable person to undergo an identifying procedure for or in connection with a forensic purpose and informs a police officer accordingly; or (c) in the case of a protected person who is a child — (i) the child is willing to undergo an identifying procedure for or in connection with a forensic purpose; and (ii) a responsible person wants the child to undergo the procedure and informs a police officer accordingly, the officer must inform the volunteer and, if the case requires, the responsible person, in accordance with subsection (2). (2) The volunteer and, if the case requires, the responsible person, must be informed of these matters — (a) which identifying particulars of the volunteer are sought to be obtained by means of the identifying procedure; and (b) how the procedure will be carried out; and (c) that subject to his or her decision, the volunteer's identifying information may be compared with or put in a forensic database; and (d) that the procedure may provide evidence that could be used in court against the volunteer; and (e) that he or she may decide whether — (i) to limit the forensic purposes for which the volunteer's identifying information may be used; or (ii) to allow the identifying information to be used for unlimited forensic purposes; and (f) that he or she may decide whether the identifying information can be kept by the WA Police — (i) for a limited period; or (ii) indefinitely; and (g) that, if the procedure is done, he or she may subsequently change the decision on the matters in paragraphs (e) and (f) by notifying the Commissioner of Police; and (h) that the volunteer is not obliged to undergo the procedure; and (i) that he or she may get legal advice before deciding whether or not to consent to the procedure; and (j) that, if deciding to consent to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and (k) any matter prescribed by the regulations. [Section 19 amended: No. 22 of 2013 s. 12.] 20. Volunteer may consent to identifying procedure (1) If section 19(2) has been complied with — (a) a volunteer who is an adult — (i) may consent to the identifying procedure that he or she was informed about; and (ii) if he or she consents, must decide the matters in section 19(2)(e) and (f); (b) a responsible person — (i) may consent to a protected person undergoing the identifying procedure that the responsible person was informed about; and (ii) if he or she consents, must decide the matters in section 19(2)(e) and (f). (2) The consent and decisions of a person must be recorded in writing on a form approved by the Commissioner of Police and signed by the person in the presence of a police officer. (3) A copy of the person's signed form must be given to the person. (4) When the consent of a person has been given and recorded in accordance with this section, the identifying procedure may be done on the volunteer unless, before it has been completed — (a) if the volunteer is an adult, the volunteer withdraws his or her consent; or (b) if the volunteer is a protected person — (i) the volunteer objects to or resists the carrying out of the procedure; or (ii) the responsible person withdraws his or her consen