New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000

- As at 30 October 2023 
- Act 59 of 2000 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Interpretation
   4.      Interview friends
   4A.     Appropriately qualified persons

   PART 2 - AUTHORITY AND TIME LIMITS FOR FORENSIC PROCEDURES ON SUSPECTS: SUMMARY OF RULES

   5.      How forensic procedures may be authorised in different circumstances
   6.      Time limits for carrying out forensic procedures

   PART 3 - FORENSIC PROCEDURES ON SUSPECT BY CONSENT

   7.      Forensic procedure may be carried out with informed consent of suspect
   8.      Police officer to ask whether suspect identifies as Aboriginal person or Torres Strait Islander
   9.      Informed consent to forensic procedures--general
   10.     Informed consent to forensic procedures--Aboriginal persons and Torres Strait Islanders
   11.     Conditions under which police officer may request consent to forensic procedure
   12.     (Repealed)
   13.     Matters that suspect must be informed of before giving consent
   14.     Withdrawal of consent
   15.     Recording of giving information and suspect's responses
   16.     Time for carrying out forensic procedure--suspect not under arrest

   PART 4 - NON-INTIMATE FORENSIC PROCEDURES ON SUSPECTS BY ORDER OF SENIOR POLICE OFFICER

   17.     Non-intimate forensic procedure may be carried out by order of senior police officer
   18.     Circumstances in which senior police officer may order non-intimate forensic procedure
   19.     (Repealed)
   20.     Matters to be considered by senior police officer before ordering non-intimate forensic procedure
   21.     Making and recording senior police officer's order

   PART 5 - FORENSIC PROCEDURES ON SUSPECTS BY ORDER OF MAGISTRATE OR OTHER AUTHORISED OFFICER

           Division 1 - General

   22.     Forensic procedure may be carried out by order of Magistrate or other authorised officer
   23.     Circumstances in which Magistrate or other authorised officer may order forensic procedure

           Division 2 - Final orders

   24.     Final order for carrying out forensic procedure
   25.     (Repealed)
   26.     Application for order
   27.     Application and order for repeated forensic procedure
   28.     Securing the presence of suspect at hearing--suspect under arrest
   29.     Securing the presence of suspect at hearing--suspect not under arrest
   30.     Procedure at hearing of application for order
   31.     Making of order

           Division 3 - Interim orders

   32.     Interim order for carrying out of a forensic procedure
   33.     Application for interim order
   34.     Procedure at hearing of application for interim order
   35.     Making of interim order
   36.     Records of application and interim order
   36A.    Records of application and interim order (where application not made in person or reduced to writing)
   37.     Suspect may be prevented from destroying or contaminating evidence
   38.     Results of forensic procedure carried out under interim order

           Division 4 - Time limits for forensic procedures ordered by Magistrate or other authorised officer

   39.     Application
   40.     Time for carrying out forensic procedure--suspect not under arrest
   41.     Arrest of suspect not under arrest
   42.     Time for carrying out forensic procedure--suspect under arrest

           Division 5 - Reports of proceedings under Act

   43.     Restrictions on publication

           Division 6 - False or misleading information in applications

   43A.    False or misleading information in applications

   PART 6 - CARRYING OUT FORENSIC PROCEDURES ON SUSPECTS
   Note

           Division 1 - General

   44.     General rules for carrying out forensic procedures
   45.     No questioning during forensic procedure
   46.     Suspect must be cautioned before forensic procedure starts
   47.     Use of force in carrying out forensic procedures
   48.     Forensic procedures not to be carried out in cruel, inhuman or degrading manner
   49.     Taking of samples of hair
   49A.    (Repealed)

           Division 2 - Persons involved in forensic procedures

   50.     Persons who may carry out forensic procedures

           Division 3 - Further provisions about who may carry out forensic procedures

   51.     Certain forensic procedures generally to be carried out by person of same sex as suspect
   51A.    Self-administered buccal swabs
   52.     Person may get help to carry out forensic procedures

           Division 4 - Presence of other people while forensic procedure is carried out

   53.     Medical practitioner or dentist of suspect's choice may be present for some forensic procedures
   54.     Presence of interview friend or legal representative--children and incapable persons
   55.     Presence of interview friend or legal representative--Aboriginal persons and Torres Strait Islanders
   56.     Presence of police officers

           Division 5 - Recording of forensic procedure

   57.     Recording of forensic procedure

           Division 6 - Procedure after forensic procedure is carried out

   58.     Samples--sufficient material to share
   59.     Photographs
   60.     Material to be made available to suspect

   PART 7 - CARRYING OUT OF CERTAIN FORENSIC PROCEDURES AFTER CONVICTION OF SERIOUS INDICTABLE OFFENDERS

   61.     Forensic procedures and offenders to which Part applies
   62.     Non-intimate forensic procedures authorised to be carried out on serious indictable offenders
   63.     Intimate forensic procedures authorised to be carried out on serious indictable offenders
   64.     (Repealed)
   64A.    Person to ask whether serious indictable offender identifies as Aboriginal person or Torres Strait Islander
   65.     Application of Part 6
   66.     Scope of authorisation
   67.     Informed consent to forensic procedures
   68.     Police officer may request offender to consent to forensic procedure
   69.     Matters that offender must be informed of before giving consent
   70.     Circumstances in which senior police officer may order non-intimate forensic procedure
   71.     (Repealed)
   72.     Form of consent
   73.     Record of order of senior police officer
   74.     Court order for carrying out forensic procedure on serious indictable offender
   74A.    Carrying out of forensic procedure following conviction
   75.     Refusal or failure to permit forensic procedure

   PART 7A - CARRYING OUT OF CERTAIN FORENSIC PROCEDURES ON UNTESTED FORMER OFFENDERS

   75A.    Forensic procedures and offenders to which Part applies
   75B.    Non-intimate forensic procedures authorised to be carried out on untested former offenders
   75C.    Intimate forensic procedures authorised to be carried out on untested former offenders
   75D.    Police officer to ask whether untested former offender identifies as Aboriginal person or Torres Strait Islander
   75E.    Application of Part 6
   75F.    Informed consent to forensic procedures
   75G.    Police officer may request untested former offender to consent to forensic procedure
   75H.    Matters that untested former offender must be informed of before giving consent
   75I.    Circumstances in which senior police officer may order non-intimate forensic procedure
   75J.    Form of consent
   75K.    Record of order of senior police officer
   75L.    Court order for carrying out forensic procedure on untested former offender
   75M.    Making of order
   75N.    Carrying out of forensic procedure on untested former offender in custody
   75O.    Refusal or failure to permit forensic procedure

   PART 7B - CARRYING OUT OF CERTAIN FORENSIC PROCEDURES ON REGISTRABLE PERSONS

   75P.    Forensic procedures and persons to which Part applies
   75Q.    Non-intimate forensic procedures authorised to be carried out on untested registrable persons
   75R.    Intimate forensic procedures authorised to be carried out on untested registrable persons
   75S.    Police officer to ask whether untested registrable person identifies as Aboriginal person or Torres Strait Islander
   75T.    Application of Part 6
   75U.    Scope of authorisation
   75V.    Informed consent to forensic procedures
   75W.    Carrying out forensic procedure on untested registrable person
   75X.    Matters that untested registrable person must be informed of before giving consent
   75Y.    Circumstances in which senior police officer may order non-intimate forensic procedure
   75Z.    Form of consent
   75ZA.   Record of order of senior police officer
   75ZB.   Application for court order for carrying out forensic procedure on untested registrable person
   75ZC.   Court order for carrying out forensic procedure on untested registrable person
   75ZD.   Refusal or failure to permit forensic procedure

   PART 8 - CARRYING OUT OF FORENSIC PROCEDURES ON VOLUNTEERS AND CERTAIN OTHER PERSONS

   76.     Carrying out of forensic procedures on volunteers
   76A.    Excluded volunteers
   76B.    Police officer to ask whether volunteer identifies as Aboriginal person or Torres Strait Islander
   77.     Informed consent of volunteer or parent or guardian of volunteer
   78.     Form of consent
   79.     Withdrawal of consent
   80.     Circumstances in which Magistrate may order the carrying out of forensic procedure on child or incapable person
   81.     Retention of forensic material by order of Magistrate after withdrawal of consent

   PART 8A - CARRYING OUT OF FORENSIC PROCEDURES ON CHILDREN UNDER 10 YEARS OF AGE

   81A.    Carrying out of forensic procedure on child under 10 years of age prohibited except in limited circumstances
   81B.    References to parent or guardian of child under 10 years of age
   81C.    Carrying out of forensic procedures on child under 10 years of age with informed consent of parent or guardian
   81D.    Withdrawal of consent
   81E.    Application for order
   81F.    Circumstances in which Magistrate may order carrying out of forensic procedure on child under 10 years of age
   81G.    Persons who may carry out forensic procedures on children under 10 years of age
   81H.    Presence of other people while forensic procedure is carried out on children under 10 years of age
   81I.    Medical practitioner or dentist of parent's or guardian's choice may be present for some forensic procedures
   81J.    Recording of forensic procedure
   81K.    Photographs
   81L.    Material to be made available to parent or guardian of child under 10 years of age
   81M.    Use and retention of forensic material taken from child under 10 years of age
   81N.    Retention of forensic material by order of a Magistrate after parent or guardian of child under 10 years of age withdraws consent

   PART 9 - ADMISSIBILITY OF EVIDENCE

           Division 1 - Forensic evidence

   82.     Inadmissibility of evidence from improper forensic procedures
   83.     Inadmissibility of evidence where forensic material required to be destroyed
   83A.    Inadmissibility of certain evidence from forensic procedures undertaken for purpose of missing persons index

           Division 2 - Other evidence

   84.     Admissibility of evidence relating to consent to forensic procedure
   85.     Admissibility of evidence relating to carrying out of forensic procedure

   PART 10 - DESTRUCTION OF FORENSIC MATERIAL

   86.     Destruction of forensic material where interim order disallowed or specified retention period ended
   87.     Destruction of forensic material taken from offender after conviction set aside or quashed
   87A.    Destruction of forensic material given voluntarily for elimination purposes
   88.     Destruction of forensic material after 12 months
   89.     Destruction of forensic material where related evidence is inadmissible

   PART 11 - DNA DATABASE SYSTEM

   90.     Definitions
   91.     Supply of forensic material for DNA database system purposes
   92.     Use of information on DNA database system
   93.     Permissible matching of DNA profiles
   93A.    Use of DNA profile of child or incapable person
   94.     Recording, retention and removal of identifying information on DNA database system

   PART 12 - INTERSTATE ENFORCEMENT

   95.     Definitions
   96.     Registration of orders
   97.     Database information

   PART 13 - GENERAL PROVISIONS RELATING TO OPERATION OF THIS ACT

   98.     Interpreters
   99.     Powers and entitlements of legal representatives and interview friends
   100.    Obligation of investigating police officers relating to recordings
   101.    Material required to be made available to suspect, offender, volunteer or person under 10 years of age
   102.    No charge to be made for material or viewing video
   103.    Proof of belief or suspicion
   104.    Proof of impracticability
   105.    Proof that time should be disregarded
   106.    Proof of voluntary waiver of certain rights
   107.    Liability for forensic procedures
   108.    Experts not obliged to carry out forensic procedures
   109.    Disclosure of information
   110.    Retention of electronic recordings

   PART 14 - OPERATION OF THIS ACT AND EFFECT ON OTHER LAWS

   111.    (Repealed)
   112.    Application of Act to taking of photographs, hand prints etc
   113.    Relationship with Parts 9 and 15 of the Law Enforcement (Powers and Responsibilities) Act 2002
   114.    Application of other laws
   115.    Taking, retention and use of forensic material

   PART 15 - MISCELLANEOUS

   115A.   Appeals from forensic procedure orders made by Magistrate
   116.    Lists of interview friends
   117.    Proceedings for offences
   118.    Regulations
   119.    (Repealed)
   120.    Savings, transitional and other provisions
   121.    Monitoring of operation of Act by Ombudsman
   122.    Review of Act
   123.    Inquiry by Standing Committee on Law and Justice
           Schedule 1 (Repealed)
           SCHEDULE 2