South Australian Numbered Acts South Australian Numbered Acts39—Destruction of forensic material obtained by carrying out
volunteers and victims procedure
(1) The Commissioner
of Police must ensure that relevant forensic material obtained from a person
by carrying out a volunteers and victims procedure is destroyed—
(a)
within 21 days after receiving a request for destruction of the material from
the relevant person who gave consent to the procedure; or
(b) if a
retention order has been made in relation to the forensic material—at
the time directed in the order.
(2) A request for
destruction of relevant forensic material must be in writing.
(3) A person who, at
the time at which a volunteers and victims procedure was authorised, was a
protected person (within the meaning of Part 2 Division 1) because he or she
was a child under the age of 16 years, may, at any time after reaching
the age of 16 years, request the destruction of relevant forensic material
under this section as if he or she were the relevant person who gave consent
to the procedure.
(4) If, within 14 days
of receiving a request for destruction of relevant forensic material, an
application is made for a retention order or an assimilation order that
relates to the material, the Commissioner of Police may postpone destruction
of the material until that application is determined.
(5) For the purposes
of this section, forensic material will be taken to have been destroyed if it
is not possible to identify the person from whom the material was obtained or
to whom the material relates.
(6) In this
section—
"relevant forensic material", in relation to a person, means forensic material
that was obtained as a result of a forensic procedure carried out on that
person but does not include forensic material that consists only of biological
material from a different person.