New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 75W

75W Carrying out forensic procedure on untested registrable person

(1) A police officer may request an untested registrable person (other than a child or an incapable person) to consent to a forensic procedure to which this Part applies being carried out on the person.

(2) If the request is made when the untested registrable person attends a police station or other place in person to make a report under Part 3 of the Child Protection (Offenders Registration) Act 2000 , the police officer may detain the untested registrable person at the police station or other place for so long as is reasonably necessary--

(a) to determine whether the registrable person consents to the carrying out of the forensic procedure under this Part, and

(b) if the person consents--to carry out the forensic procedure in accordance with this Part, and

(c) if the person does not consent--to order the carrying out of a non-intimate forensic procedure under section 75Y and, if the order is made, to carry out the forensic procedure.

(3) In detaining the person, the police officer must tell the person--

(a) why the person is being detained, and

(b) that the detention is authorised under this Act, and

(c) that the person will be released immediately--

(i) if consent is refused and no order is to be made under section 75Y, or

(ii) if the forensic procedure is to be carried out with consent or by order, after it is carried out.

(4) The detained person--

(a) must not be held for a period that is longer than is reasonably necessary to make the determination referred to in subsection (2) (a) and, if a forensic procedure is to be carried out with consent or by order, to carry it out, and

(b) must be released immediately if consent is refused and no order is to be made under section 75Y or, if the forensic procedure is to be carried out with consent or by order, after it is carried out.

(5) The police officer may use reasonable force to ensure the detained person remains at the police station or other place for the period referred to in subsection (4).