New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 93A

93A Use of DNA profile of child or incapable person

(1) Despite any other provision of this Act, if a forensic procedure is carried out on a volunteer who is a child or incapable person and a DNA profile is obtained as a result of that forensic procedure, that DNA profile--

(a) must not be placed on the volunteers (unlimited purposes) index of the DNA database system, and

(b) must, if placed on an index of the DNA database system, only be used for the purpose for which the DNA profile is placed on that index, and

(c) must not be matched with any DNA profile on the same or another index of the DNA database system for any other purpose, unless otherwise ordered by a Magistrate.

(2) In determining whether to make an order under subsection (1) (c), the Magistrate is to take into account the following--

(a) the age of the volunteer,

(b) the best interests of the volunteer,

(c) so far as can be ascertained, whether the volunteer understands what will be involved in the matching of his or her DNA profile on the DNA database system and any wishes of the volunteer with respect to whether that should be ordered,

(d) any wishes expressed by the parent or guardian of the volunteer with respect to the matching of the volunteer's DNA profile on the DNA database system,

(e) any submissions or evidence presented to the Magistrate by an Australian legal practitioner on behalf of the volunteer,

(f) the purpose for which the matching is required,

(g) any other matter that the Magistrate considers relevant.