New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 75F

75F Informed consent to forensic procedures

(1) An untested former offender gives informed consent to the carrying out of a forensic procedure under this Part if the former offender consents to the carrying out of the procedure after a police officer--

(a) requests the former offender to consent to the forensic procedure under section 75G, and

(b) informs the former offender about the forensic procedure in accordance with section 75H, and

(c) gives the former offender the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the former offender's choice.

(2) The police officer must allow the former offender to communicate, or attempt to communicate, with the Australian legal practitioner in private unless the police officer suspects on reasonable grounds that the former offender might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.

Note : Section 103 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.