New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 75V

75V Informed consent to forensic procedures

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

(a) requests the registrable person to consent to the forensic procedure under section 75W, and

(b) informs the registrable person about the forensic procedure in accordance with section 75X, and

(c) gives the registrable person the opportunity to communicate, or attempt to communicate, with an Australian lawyer of the registrable person's choice.

(2) The police officer must allow the registrable person to communicate, or attempt to communicate, with the Australian lawyer in private unless the police officer suspects on reasonable grounds that the registrable person 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.