New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 92

92 Use of information on DNA database system

(1) A person must not access information stored on the DNA database system unless the information is accessed in accordance with this section.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(2) A person authorised for the time being by the responsible person for the DNA database system may access information stored on the DNA database system for one or more of the following purposes--

(a) the purpose of forensic matching permitted under section 81M or 93,

(b) the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates,

(c) the purpose of administering the DNA database system,

(d) the purposes of any arrangement entered into between the State and another State or Territory or the Commonwealth for the provision of access to information contained in the DNA database system by law enforcement officers or by any other persons prescribed by the regulations,

(e) the purposes of and in accordance with the Mutual Assistance in Criminal Matters Act 1987 , or the Extradition Act 1988 , of the Commonwealth,

(f) the purpose of a review of, or inquiry into, a conviction or sentence under Part 7 of the Crimes (Appeal and Review) Act 2001 ,

(g) the purposes of the investigation of complaints about the conduct of police officers under Part 8A of the Police Act 1990 ,

(h) the purposes of a coronial inquest or inquiry,

(i) the purpose of the investigation of a complaint by the Privacy Commissioner,

(j) any other purposes prescribed by the regulations.

(3) This section does not apply in relation to information that cannot be used to discover the identity of any person.

Note : Section 109 prevents the disclosure of accessed information except in certain specified circumstances.