New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 9

9 Informed consent to forensic procedures--general

(1) This section applies where--

(a) a police officer intends to ask a suspect to consent to a forensic procedure, and

(b) the suspect does not identify as an Aboriginal person or Torres Strait Islander.

(2) A suspect gives informed consent to a forensic procedure if the suspect consents after a police officer--

(a) asks the suspect to consent to the forensic procedure under section 11, and

(b) personally or in writing, gives the suspect--

(i) the information that the suspect must be given under section 13 (1) (a), (e), (f), (g), (i), (j) and (k), and

(ii) a description of the nature of the information that the suspect must be given under section 13 (1) (b), (c) and (d) (but not the specific information that the suspect is to be given under these paragraphs in relation to the particular forensic procedure), and

(c) informs the suspect about the forensic procedure in accordance with section 13, and

(d) gives the suspect a reasonable opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the suspect's choice and, subject to subsection (3), to do so in private.

(3) If the suspect is under arrest, the police officer need not allow the suspect to communicate, or attempt to communicate, with the Australian legal practitioner in private if the police officer suspects on reasonable grounds that the suspect might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.