New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 94

94 Recording, retention and removal of identifying information on DNA database system

(1) A person--

(a) whose conduct causes any identifying information about a person obtained from forensic material taken from the person under this Act to be recorded or retained in a DNA database system at any time after this Act requires the forensic material to be destroyed, and

Note : See, for example, section 88 (2) which requires forensic material taken from a suspect to be destroyed if 12 months has elapsed since the forensic material was taken and proceedings have not been instituted against the suspect.

(b) who intends or is reckless as to the recording or retention,

is guilty of an offence.

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

(2) The responsible person for the DNA database system must ensure that any identifying information relating to a person from whose forensic material a DNA profile on the volunteers (unlimited purposes) index or volunteers (limited purposes) index of the system was derived is removed from the system as soon as practicable after the end of the identifying period for the profile.

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

(3) The responsible person for the DNA database system must ensure that any identifying information relating to a DNA profile of an offender on the offenders index is removed from the system as soon as practicable after becoming aware that the offender has been pardoned or acquitted of the offence concerned or if the conviction has been quashed.

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

(4) In this section--

"identifying information" means any information that could be used--

(a) to discover the identity of the person from whose forensic material the DNA profile was derived, or

(b) to get information about an identifiable person.

"identifying period" for a DNA profile means--

(a) if the DNA profile is derived from forensic material taken from a volunteer--such period after the DNA profile is placed on the DNA database system as is agreed by the Commissioner of Police and the volunteer (or, in the case of a volunteer who is a child or an incapable person, a parent or guardian of the volunteer), or

(b) if the DNA profile is derived from forensic material taken from a deceased person (not being a person who was a volunteer) whose identity is known--such period as the Commissioner of Police orders the responsible person to retain identifying information relating to the profile.