Crimes (Forensic Procedures) Regulation 2024

This regulation is the Crimes (Forensic Procedures) Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Crimes (Forensic Procedures) Regulation 2014, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

authorised person, for Part 3—see section 14.

classifiable person, for Part 3—see section 14.

NSW Forensic and Analytical Science Service, for Part 3—see section 14.

the Act means the Crimes (Forensic Procedures) Act 2000.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 3(1), definition of Aboriginal legal aid organisation, the Aboriginal Legal Service (NSW/ACT) Limited (ACN 118 431 066) is prescribed.

For the Act, section 3(1), definition of responsible person, the Secretary of the Ministry of Health is declared to be the person responsible for the care, control and management of the DNA database system.

For the Act, section 95, definition of corresponding law, paragraph (b), the following are declared to be corresponding laws—

all of the provisions of the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory,

the Crimes Act 1914 of the Commonwealth, Part ID,

the Police Administration Act 1978 of the Northern Territory, Part VII, Division 7,

the Correctional Services Act 2014 of the Northern Territory, section 52,

the Youth Justice Act 2005 of the Northern Territory, Part 2, Division 3 and section 159,

the Police Powers and Responsibilities Act 2000 of Queensland, Chapter 17,

all of the provisions of the Criminal Law (Forensic Procedures) Act 2007 of South Australia,

all of the provisions of the Forensic Procedures Act 2000 of Tasmania,

the Crimes Act 1958 of Victoria, Part III, Division 1, Subdivision (30A),

all of the provisions of the Criminal Investigation (Identifying People) Act 2002 of Western Australia.

For the Act, section 72(a), the following are prescribed—

the name of the serious indictable offender giving consent to the carrying out of the forensic procedure,

a description of the procedure,

the name of the police officer who requested the consent,

whether the police officer has informed the offender, personally or in writing, of the matters set out in the Act, section 69,

whether the offender has been given the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the offender’s choice.

For the Act, section 75J(a), the following are prescribed—

the name of the untested former offender giving consent to the carrying out of the forensic procedure,

a description of the procedure,

the name of the police officer who requested the consent,

whether the police officer has informed the former offender, personally or in writing, of the matters set out in the Act, section 75H,

whether the former offender has been given the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the former offender’s choice.

For the Act, section 75Z(a), the following are prescribed—

the name of the untested registrable person giving consent to the carrying out of the forensic procedure,

a description of the procedure,

the name of the police officer who requested the consent,

whether the police officer has informed the registrable person, personally or in writing, of the matters set out in the Act, section 75X,

whether the registrable person has been given the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the registrable person’s choice.

For the Act, section 77(2)(e), the following are prescribed matters—

that the DNA database system includes the following indexes relevant to volunteers—

a volunteers (limited purposes) index,

a volunteers (unlimited purposes) index,

a missing persons index,

that if consent is given, restrictions will apply to the indexes, if any, on which information obtained from the analysis of forensic material taken from the volunteer may be placed.

Note—

See section 12.

For the Act, section 78(a), the following are prescribed—

the name of the person giving consent to the carrying out of the forensic procedure,

a description of the procedure,

the name of the police officer who has requested the consent,

the name of the independent person in whose presence the consent is given,

whether the police officer has informed the person, personally or in writing, of the matters set out in the Act, section 77,

the index or indexes of the DNA database system, if any, on which the police officer intends to place information obtained from the analysis of forensic material taken from the volunteer.

If, before a volunteer, or a parent or guardian of a volunteer, gives consent to the carrying out of a forensic procedure under the Act, Part 8, the police officer informs the volunteer, or parent or guardian, that—

the police officer intends to place the volunteer’s information on one or more specified indexes of the DNA database system, the information—

must only be placed on the specified index or indexes, and

must not be placed on another index, or

the police officer does not intend to place the volunteer’s information on a specified index, the information must not be placed on the specified index.

If the police officer does not inform the volunteer, or parent or guardian, of the police officer’s intentions about the placement of the volunteer’s information on the DNA database system, the information must not be placed on any index of the system.

In this section—

volunteer’s information, for a volunteer, means the information obtained from the analysis of forensic material taken from the volunteer under the Act, Part 8.