New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81D

81D Withdrawal of consent

(1) If a parent or guardian of a child expressly withdraws consent to the carrying out of a forensic procedure under this Part (or if the withdrawal of such consent can reasonably be inferred from the parent's or guardian's conduct) before or during the carrying out of the forensic procedure--

(a) the forensic procedure is to be treated from the time of the withdrawal as a forensic procedure for which consent has been refused, and

(b) the forensic procedure is not to proceed except by order of a Magistrate under section 81F.

(2) If, after the carrying out of a forensic procedure under this Part on a child, the parent or guardian of the child expressly withdraws consent to the retention of the forensic material taken or of information obtained from the analysis of that material, the forensic material and any information obtained from analysis of the material is, subject to any order made under section 81N, to be destroyed as soon as practicable after the consent is withdrawn.

Note : Section 3 (5) explains the meaning of
"destroy" .

(3) A police officer may request, but cannot require, a parent or guardian of a child who withdraws consent to the carrying out of a forensic procedure under this Part to confirm the withdrawal of consent in writing.