South Australian Current Acts South Australian Current Acts45—Access to and use of DNA database system
(1) A person must not
access information stored on the DNA database system except in accordance with
this section.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person
authorised by the Commissioner of Police may access information stored on the
DNA database system for 1 or more of the following purposes:
(a) for
the purpose of comparing a DNA profile stored on an index of the
DNA database system with any other DNA profiles stored on the DNA database
system;
(b) for
the purpose of proceedings for a serious offence or proceedings under the
Criminal Assets Confiscation Act 2005 ;
(c) for
the purpose of determining whether it is necessary to carry out a
forensic procedure under this Act or a corresponding law;
(d) for
the purpose of a coronial inquest or inquiry;
(e) for
the purpose of making the information available to the person to whom the
information relates;
(f) for
the purpose of administering the DNA database system;
(g) for
the purpose of an arrangement entered into by the Minister under
section 41(2);
(h) for
the purpose of, and in accordance with, the Mutual Assistance in Criminal
Matters Act 1987 or the Extradition Act 1988 of the Commonwealth;
(i)
for the purpose of an investigation by the Ombudsman;
(ia) for
the purpose of an investigation under the Police Complaints and Discipline
Act 2016 ;
(j) for
the purpose of an audit under section 57;
(k) for
any other purpose prescribed by regulation.
(3) A person who has
access to information stored on the DNA database system—
(a) must
not compare a DNA profile stored on the volunteers (limited purposes) index
with a DNA profile stored on another index of the DNA database system if the
person who gave consent to the storage of that DNA profile on the volunteers
(limited purposes) index has imposed a condition on the consent that prohibits
that comparison; and
(b)
must, in comparing a DNA profile stored on an index of the DNA database with
any other DNA profiles stored on the DNA database system, comply with any
other limitations or requirements prescribed by regulation.
(4) However, a person
who has access to information stored on the DNA database system may compare
DNA profiles stored on the DNA database system in contravention of
subsection (3) if the comparison is made solely for the purposes of
administering the DNA database system.
(5) Without limiting
the actions that may be taken for the purpose of administering the
DNA database system, the comparison of a DNA profile stored on an index of the
DNA database system with any DNA profiles included in the
quality assurance register is a comparison made for the purpose of
administering the DNA database system.