Western Australian Current Acts Western Australian Current Acts (1) If —
(a) in
the case of a person who is an adult, the person volunteers to a police
officer to undergo an identifying procedure for or in connection with a
forensic purpose; or
(b) in
the case of a protected person who is an incapable person, a responsible
person wants the incapable person to undergo an identifying procedure for or
in connection with a forensic purpose and informs a police officer
accordingly; or
(c) in
the case of a protected person who is a child —
(i)
the child is willing to undergo an identifying procedure
for or in connection with a forensic purpose; and
(ii)
a responsible person wants the child to undergo the
procedure and informs a police officer accordingly,
the officer must
inform the volunteer and, if the case requires, the responsible person, in
accordance with subsection (2).
(2) The volunteer and,
if the case requires, the responsible person, must be informed of these
matters —
(a)
which identifying particulars of the volunteer are sought to be obtained by
means of the identifying procedure; and
(b) how
the procedure will be carried out; and
(c) that
subject to his or her decision, the volunteer’s identifying information
may be compared with or put in a forensic database; and
(d) that
the procedure may provide evidence that could be used in court against the
volunteer; and
(e) that
he or she may decide whether —
(i)
to limit the forensic purposes for which the
volunteer’s identifying information may be used; or
(ii)
to allow the identifying information to be used for
unlimited forensic purposes;
and
(f) that
he or she may decide whether the identifying information can be kept by the WA
Police —
(i)
for a limited period; or
(ii)
indefinitely;
and
(g)
that, if the procedure is done, he or she may subsequently change the decision
on the matters in paragraphs (e) and (f) by notifying the Commissioner of
Police; and
(h) that
the volunteer is not obliged to undergo the procedure; and
(i)
that he or she may get legal advice before deciding
whether or not to consent to the procedure; and
(j)
that, if deciding to consent to the procedure, he or she may withdraw consent
at any time before the procedure has been completed; and
(k) any
matter prescribed by the regulations.
[Section 19 amended: No. 22 of 2013 s. 12.]