Forensic sample orders made under s.464ZF of the Crimes Act 1958 (Vic) in chambers rather than in open court are voidable, not void, and may be quashed at the instance of the affected person even after execution, provided the person had no notice of the order and the status quo can be restored. A person on a combined custody and treatment order under s.18Q of the Sentencing Act 1991 (Vic) is 'serving a term of imprisonment' for the purposes of s.464ZF(3)(b). Formulaic recitation of statutory criteria does not constitute adequate reasons under s.464ZF(9), though failure to give reasons does not invalidate the order but renders evidence obtained inadmissible under s.464ZE(1)(a).
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
2 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.