New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 77

77 Informed consent of volunteer or parent or guardian of volunteer

(1) A volunteer, or parent or guardian of a volunteer, gives informed consent in accordance with this section if the volunteer, parent or guardian consents in the presence of an independent person (not being a police officer) after a police officer informs the volunteer, parent or guardian (personally or in writing) of the following matters--

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

(a1) the purpose for which the forensic procedure is required,

(a2) the offence in relation to which the police officer wants the forensic procedure to be carried out,

(b) that the volunteer is under no obligation to undergo the forensic procedure,

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

(c1) that the forensic procedure will be carried out by an appropriately qualified police officer or person,

(d) to the extent that they are relevant, the matters specified in subsection (2),

(e) that the volunteer, parent or guardian may consult an Australian legal practitioner of the volunteer's, parent's or guardian's choice before deciding whether or not to consent to the forensic procedure,

(f) that the volunteer, parent or guardian may at any time withdraw consent to undergoing the forensic procedure or retention of the forensic material taken or of information obtained from the analysis of that material,

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

(2) The police officer must (personally or in writing) inform the volunteer, or parent or guardian of the volunteer, of the following--

(a) that information obtained from analysis of forensic material taken from a person under this Part, and as to the identity of the person, may be placed on the DNA database system and, in particular, that the information may be compared with information from the DNA database systems of other participating jurisdictions,

(b) if the police officer intends the information to be placed on the volunteers (limited purposes) index of that system--the purpose for which it is to be placed on that index and that the information may be used only for that purpose,

(c) if the police officer intends the information to be placed on the volunteers (unlimited purposes) index of that system--that the information may be used for the purposes of a criminal investigation or any other purpose for which the DNA database system may be used under Part 11 or 12,

(c1) if the police officer intends the information to be placed on the missing persons index of that system--

(i) that the principal purpose for which the information is to be placed on that index is to assist in the identification of a missing person, and

(ii) that the information may be used for the purposes of a criminal investigation or any other purpose for which the DNA database system may be used under Part 11 or 12, including for the purpose of matching the material against any or all of the other indexes on the database, and

(iii) if the information obtained from analysis of forensic material taken from the volunteer matches information in the DNA profile of a missing blood relative on the missing persons index, that the volunteer will be informed of the fact, and

(iv) if the information obtained from analysis of forensic material taken from the volunteer matches information in the DNA profile of another person on another index of the database, that the volunteer will be informed of the fact, and

(v) that the information obtained from analysis of forensic material taken from the volunteer, or any match of that information with any information in another DNA profile, cannot be used in proceedings against the volunteer, but may be admissible if adduced by the volunteer,

(d) that information placed on the DNA database system will be retained for such period as the Commissioner of Police and the volunteer (or in the case of a volunteer who is a child or an incapable person, a parent or guardian of the volunteer) agree and must then be removed from the system,

(e) any other matters prescribed by the regulations.

(3) Any requirement of this section for a volunteer to be given information is taken, in the case of a volunteer who is a child, to be a requirement for the child to be given information in a way that is comprehensible to the child, having regard to his or her age and level of understanding.