The Court held that when determining whether to order retention of a child's DNA sample under s 464ZFB of the Crimes Act, the Children's Court must identify and evaluate all relevant circumstances both for and against retention, not merely those supporting the order. The Court also held that the Children's Court acts in an administrative capacity when making such orders and must therefore comply with s 38(1) of the Charter by giving proper consideration to the child's rights to privacy (s 13(a)) and protection as a child (s 17(2)).
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