New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81M

81M Use and retention of forensic material taken from child under 10 years of age

(1) Any forensic material taken from a child pursuant to this Part must only be used for the purposes for which the carrying out of the forensic procedure was authorised.

(2) Any DNA profile derived from forensic material taken from a child--

(a) may be placed on--

(i) the volunteers (limited purposes) index, or

(ii) the missing persons index, or

(iii) the unknown deceased persons index,

but must not be placed on any other index, and

(b) if placed on an index of the DNA database system, may only be matched with a DNA profile on the same or another index of the DNA database system if the matching is for a purpose for which the DNA profile of the child was placed on the index of the DNA database system (despite section 93).

(3) Any forensic material obtained from the carrying out of a forensic procedure must--

(a) in the case of forensic material obtained pursuant to section 81C or an order under section 81F (1) (a) or 81N (2)--be destroyed as soon as is reasonably practicable after a period of 12 months has elapsed since the forensic material was taken, unless any proceedings for the prosecution of an offence to which the investigation relates have not yet concluded, and

(b) in the case of forensic material obtained pursuant to an order under section 81F (1) (b) or (c)--be destroyed within 12 months of being obtained.

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