New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81J

81J Recording of forensic procedure

(1) The carrying out of a forensic procedure under this Part must be recorded by electronic means unless--

(a) a parent or guardian of the child objects to the recording, or

(b) the recording is not practicable.

(2) Subsection (1) does not apply to--

(a) the taking of a hand print, finger print, foot print or toe print, or

(b) the taking of a photograph, other than of the child's private parts.

(3) Before the forensic procedure is carried out, the parent or guardian of the child must be informed--

(a) of the reasons for recording the carrying out of the forensic procedure, including the protection that the recording provides for the child, and

(b) that the parent or guardian of the child may object to the recording.

(4) If the carrying out of the forensic procedure is not to be recorded by electronic means, the forensic procedure must be carried out in the presence of an independent person.

(5) Subsection (4) does not apply if the parent or guardian of the child expressly and voluntarily waives the child's right to have an independent person present, but such a person may nevertheless be present if the investigating police officer so directs.

(6) In this section,
"independent person" means a person other than a police officer or other person involved in the investigation of an offence to which the forensic procedure relates.