New laws require police to notify the Aboriginal Legal Service before asking an Aboriginal or Torres Strait Islander person to consent to a forensic procedure.
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The amendments, introduced by Attorney-General Simon Corbell and passed by the ACT Legislative Assembly on Tuesday morning, were drafted in consultation with police and Aboriginal services.
Mr Corbell said the laws strengthened the criminal justice system by ensuring the ACT remained a safe, inclusive and respectful community.
"[The amendments] provide additional protection for Aboriginal and Torres Strait Islander persons, who are required to undergo a forensic procedure under the act, by ensuring that a responsible agency is aware the process is occurring," he said.
Minister for Justice Shane Rattenbury said the changes would make sure Indigenous people were treated fairly, respectfully and equipped with community support.
"These types of provisions were first implemented in response to the Royal Commission into Aboriginal Deaths in Custody," he said.
"The need for these specific provisions arises from the evidence to a NSW committee on forensic procedures that bodily samples are used by Aboriginal and Torres Strait Islander people for spiritual purposes, and as a result they may be reluctant to give such samples."
The amendments also include an expansion of the definition of "incapable" to include people who are temporarily incapable of giving consent to non-intimate forensic procedures.
The law creates an additional class of people known as a "close associate" – such as domestic partner, carer, close relative or close friend – who can give consent on behalf of an incapable person for non-intimate forensic procedures.
"This amendment protects vulnerable people by allowing a third party to consent to a forensic procedure on their behalf if they are unable to do so," Mr Corbell said.
He said an additional measure had been introduced to allow an Indigenous person to refuse the presence of a lawyer or close associate during forensic testing.
"This respects the right of choice of Aboriginal or Torres Strait Islander people," he said.
Mr Rattenbury acknowledged the laws gave Indigenous people special consideration but said it was necessary to advance their human rights and to ensure respect.
The amendments were also supported by the Canberra Liberals and opposition leader Jeremy Hanson thanked the Attorney-General for detailed consultation.
