Victorian Current Acts Victorian Current ActsS. 464S(1) amended by No. 37/2014 s. 10(Sch. item 36.26).
(1) A person gives informed consent to a request to undergo a forensic procedure if he or she consents to the request after a police officer informs the person in language likely to be understood by the person—
(a) of the purpose for which the procedure is required; and
(b) of the nature of the procedure sought to be conducted; and
S. 464S(1)(c) amended by Nos
81/1997
s. 19(1), 13/2010 s. 51(Sch. item 17.4).
(c) that the person may request that the procedure be conducted by or in the presence of a medical practitioner or nurse or midwife of his or her choice or, where the procedure is the taking of a dental impression, a dentist of his or her choice; and
(d) of the offence which the person is suspected of having committed or with which the person has been charged or for which the person has been summonsed to answer to a charge; and
(e) that the procedure could produce evidence to be used in a court; and
S. 464S(1)(ea) inserted by No. 16/2002 s. 6.
(ea) that information obtained from analysis of forensic material obtained by the procedure will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; and
(f) that the person may refuse to undergo the procedure; and
S. 464S(1)(g) amended by No. 41/2004 s. 11(a).
(g) where the sample or examination sought may be obtained by a compulsory procedure and the person refuses to undergo the procedure, that an application may be made to the Magistrates' Court for an order authorising the conduct of the procedure; and
S. 464S(1)(h) inserted by No. 41/2004 s. 11(b).
(h) where the sample or examination sought may be obtained by a non-intimate compulsory procedure within the meaning of section 464SA and the person refuses to consent to the procedure, that a senior police officer may authorise the conduct of the procedure.
S. 464S(2) amended by No. 37/2014 s. 10(Sch. item 36.26).
(2) A police officer who informs a person of the matters in subsection (1)—
S. 464S(2)(a) amended by No. 27/2006 s. 17(18)(a).
(a) must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person; and
(b) must give or send by registered post to the person or his or her legal practitioner, without charge—
S. 464S(2)(b)(i) amended by No. 27/2006 s. 17(18)(b).
(i) if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and
(ii) if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record forthwith.
S. 464S(3) amended by No. 48/2006 s. 42(Sch. item 9.3), substituted by No. 3/2019 s. 54.
(3) A person is taken as having refused consent if—
(a) the person is—
(i) held in a prison, police gaol or youth justice centre; or
(ii) a prisoner in a prison or a person detained in a police gaol who is transferred from the prison or police gaol to a facility or an institution referred to in section 56AB(1) of the Corrections Act 1986 ; and
(b) within 24 hours after the giving of the information referred to in subsection (1) the person refuses or fails to consent to the request to undergo a forensic procedure.
S. 464SA inserted by No. 41/2004 s. 12.