New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 75X

75X Matters that untested registrable person must be informed of before giving consent

(1) Before asking the untested registrable person whether he or she consents to the carrying out of a forensic procedure, the police officer must (personally or in writing) inform the untested registrable person of the following--

(a) the purpose for which the forensic procedure is required,

(b) the way in which the forensic procedure is to be carried out,

(c) that the forensic procedure may produce evidence against the registrable person that might be used in a court of law,

(d) that the forensic procedure will be carried out by a person who may carry out the procedure under Part 6 as applied by section 75T,

(e) that the registrable person may refuse consent to the carrying out of the forensic procedure,

(f) the consequences of not consenting, as specified in subsection (2) or (3) (whichever is applicable),

(g) the effect of section 84 (if applicable),

(h) that information obtained from the analysis of forensic material obtained from the carrying out of the forensic procedure may be placed on the DNA database system of this State, or become part of a national DNA matching scheme, or both, and, in particular, that the information may be compared with information from the DNA database systems of other participating jurisdictions.

(2) Failure to consent to non-intimate forensic procedure The police officer must (personally or in writing) inform an untested registrable person requested to undergo a non-intimate forensic procedure to which this Part applies that, if the registrable person does not consent, a senior police officer may order the carrying out of the forensic procedure under section 75Y and that reasonable force may be used to enable the forensic procedure to be carried out.

(3) Failure to consent to intimate forensic procedure The police officer must (personally or in writing) inform an untested registrable person requested to undergo an intimate forensic procedure to which this Part applies that, if the registrable person does not consent, an application may be made to a court for an order authorising the carrying out of the forensic procedure.