Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 111

    (1)     A person who has access—

        (a)     to any information stored on the ACT DNA database; or

        (b)     to any other information revealed by a forensic procedure carried out on the suspect, serious offender or volunteer;

must not disclose that information except as provided by this section.

    (2)     A person may only disclose information stored on the ACT DNA database for 1 or more of the following purposes:

        (a)     the purpose of forensic comparison, by a police officer or anyone else prescribed by regulation, in the course of a criminal investigation or an investigation by a police officer relating to a missing or dead person;

        (b)     the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates;

        (c)     the purpose of administering the ACT DNA database;

        (d)     the purpose of reviewing or auditing the ACT DNA database;

        (e)     for the purpose of, and in accordance with, an arrangement entered into under section 102 (Database information) for the provision of access to information on the ACT DNA database by law enforcement officers or anyone else prescribed by regulation;

        (f)     for the purpose of the Mutual Assistance in Criminal Matters Act 1987

(Cwlth) or the Extradition Act 1988

(Cwlth);

        (g)     the purpose of a coronial inquest or inquiry;

        (h)     the purpose of investigation of a complaint by the information privacy commissioner (or someone who has corresponding functions under the law of another participating jurisdiction).

    (3)     A person may only disclose information revealed by the carrying out of a forensic procedure as follows:

        (a)     if the person is the suspect, serious offender or volunteer to whom the information relates;

        (b)     if the information is already publicly known;

        (c)     in accordance with any other provision of this Act;

        (d)     in accordance with the Mutual Assistance in Criminal Matters Act 1987

(Cwlth) or the Extradition Act 1988

(Cwlth);

        (e)     for the purposes of the investigation of any offence or offences generally;

        (f)     for the purpose of a decision whether to institute a proceeding for any offence;

        (g)     for the purpose of a proceeding for any offence;

        (h)     for the purpose of a coronial inquest or inquiry;

              (i)     for the purpose of a civil proceeding (including a disciplinary proceeding) that relates to how the procedure was carried out;

        (j)     for the purpose of the suspect's, serious offender's or volunteer's medical treatment;

        (k)     for the purpose of the medical treatment of a victim of an offence if there are reasonable grounds to believe the offence was committed by the person on whom the forensic procedure was carried out;

        (l)     if the suspect, serious offender or volunteer consents in writing to the disclosure.

    (4)     This section does not apply to information that cannot be used to discover the identity of any person.

    (5)     A person commits an offence if—

        (a)     the person's conduct causes the disclosure of information in contravention of this section; and

        (b)     the person intends, or is reckless about, the disclosure.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.