Forensic Procedures Act 2000

Except as otherwise provided by this section, a person who has access – to any information stored on the DNA database system; or to any other information revealed by a forensic procedure carried out on a person under this Act or a corresponding law – must not intentionally or recklessly disclose, or cause the disclosure of, that information. Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

A person may only disclose information stored on the DNA database system for one or more of the following purposes:the purpose of forensic comparison in the course of a criminal investigation by a police officer or other prescribed person; the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates; the purpose of administering the DNA database system; the purpose of an arrangement made under section 57 or 58; the purpose of, and in accordance with, the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; the purpose of a coronial inquest or inquiry; the purpose of identifying a deceased person or identifying or locating a missing person; the purpose of investigation of a complaint by the Ombudsman.

A person may only disclose information revealed by the carrying out of a forensic procedure as follows:if the person is the person to whom the information relates; if the information is already publicly known; in accordance with any other provision of this Act; in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; for the purposes of the investigation of any offence or offences generally; for the purpose of a decision whether to institute proceedings for any offence; for the purpose of proceedings for any offence; for the purpose of a coronial inquest or inquiry; for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the procedure was carried out; for the purpose of the medical treatment of the person to whom the information relates; for the purpose of the medical treatment of a victim of an offence which there are reasonable grounds to believe was committed by the suspect or charged person on whom the forensic procedure in relation to the offence was carried out; if the person to whom the information relates consents in writing to the disclosure.

Subsection (1) does not apply to information that cannot be used to discover the identity of any person.