Criminal Law (Forensic Procedures) (Blood Testing for Diseases) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (17:32): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Day in day out, Police officers perform a vital service to the people of South Australia. All too often, however, officers are placed at risk through the criminal actions and recklessness of others. Approximately 700 police officers are assaulted in the line of duty each year. Many of these assaults, between 250 and 350 a year according to SAPOL figures, result in one or more officers being spat on or even bitten.

It is an unfortunate fact of life that many of those who seek to do our police harm in these circumstances are at high-risk of having an infectious disease. Currently SAPOL offers blood testing to any officer who has had contact with an offender's bodily fluids, and is therefore at risk of having been exposed to, or contracted, a communicable disease. There is currently, however, no obligation on an offender to be tested.

At the last State election the Government committed to introduce legislation to require an offender who bites or spits at a police officer to undertake a blood test for infectious diseases. This bill, the Criminal Law (Forensic Procedures) (Blood Testing for Diseases) Amendment Bill 2014, delivers on this commitment.

The Bill builds on the existing framework in the Criminal Law (Forensic Procedures) Act 2008 for suspect forensic procedures.

The Bill provides that any offender who is reasonably suspected of having assaulted a police officer or having committed other specified offences of violence can be compelled to undertake a blood test to test for the presence of infectious diseases where the police officer was exposed to the offender's bodily fluids and there is a risk that the police officer, in being so exposed, could have been exposed to or contracted an infectious disease.

The specified offences are assault or resisting a police officer, assault and assault causing harm, causing harm, causing serious harm, doing acts likely to cause harm, serious harm or endanger life, riot, affray and violent disorder. The amendments allow other specified offences to be added by Regulation.

Consistent with existing procedures for forensic procedures in the Criminal Law (Forensic Procedures) Act, the Bill provides that an offender can only be required to undertake a blood test upon the authorisation (to be recorded in writing) of a 'senior police officer', being an officer of or above the rank of Inspector.

The Bill also amends section 58 of the Criminal Law (Forensic Procedures) Act to make it clear that regulations made under the Act can regulate how such tests are to be carried out and to whom the results may be released to.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law (Forensic Procedures) Act 2007

4—Amendment of long title

This clause makes an amendment to the long title of the Act consequent upon the measure.

5—Amendment of section 3—Interpretation

This clause substitutes the definition of suspects procedure in section 3 of the principal Act.

6—Insertion of Part 2 Division 4

This clause inserts a new Division 4 into Part 2 of the principal Act as follows:

Division 4—Blood testing of certain persons for communicable diseases

20A—Interpretation

New section 20A defines key terms used in the new Division 4.

20B—Senior police officer may require certain persons to provide blood sample

New section 20B allows a senior police officer to authorise the taking of blood from a suspect in the circumstances set out in subsection (1), and makes related procedural provisions.

7—Amendment of section 31—Use of force

This clause makes a consequential amendment.

8—Insertion of section 34A

This clause inserts new section 34A into the principal Act, which prevents forensic material obtained under new Part 2 Division 4 from being used for purposes other than testing the material for communicable diseases.

9—Insertion of section 39A

This clause inserts new section 39A into the principal Act, which requires the destruction of forensic material obtained under new Part 2 Division 4 as soon as is reasonably practicable after the material has been tested for communicable diseases in accordance with new section 34A.

10—Insertion of section 48A

This clause inserts new section 48A into the principal Act, which renders inadmissible specified results, admissions and statements relating to operation of new Part 2 Division 4, and prevents the reliance on those things to ground the obtaining or use of search warrants or powers.

11—Amendment of section 58—Regulations

This clause amends section 59(2) of the principal Act to enable regulations to be made under the Act in relation to the operation of new Part 2 Division 4.

Debate adjourned on motion of Hon. T.J. Stephens.