Crimes Act 1958

A police officer must not do any of the following in respect of a child who was under 12 years of age at the time that the child is alleged to have done any act or made any omission which would constitute an offence if the child had been of the age of criminal responsibility—

request the child to give the child's fingerprints;

take fingerprints from the child;

cause any other person to take fingerprints from the child.

be requested to give his or her fingerprints; or

have his or her fingerprints taken.

A police officer may take, or cause to be taken by an authorised person, the fingerprints of a child who is 12 years of age or over but under 15 years of age and who—

is believed on reasonable grounds to have committed; or

has been charged with; or

has been summonsed to answer to a charge for—

both the child and a parent or guardian of the child consent; or

where consent is refused or the parent or guardian cannot be located, the Children's Court makes an order under section 464M(5).

A police officer wishing to fingerprint a child referred to in subsection (2) must inform the child and the parent or guardian of the child in language likely to be understood by each of them—

of the purpose for which the fingerprints are required; and

of the offence which the child is believed to have committed or with which the child has been charged or for which the child has been summonsed to answer to a charge; and

that the fingerprints may be used in evidence in court; and

that the child, or the child's parent or guardian, may refuse consent to the child's fingerprints being taken; and

that if consent is refused, an application may be made to the Children's Court for an order directing the child to give the child's fingerprints; and

that the fingerprints will be destroyed if—

the child is given a youth warning or youth caution within the meaning of the Youth Justice Act 2024 in respect of a relevant offence; or

the child is referred to an early diversion group conference within the meaning of the Youth Justice Act 2024 in respect of a relevant offence, and an early diversion outcome plan within the meaning of that Act is finalised for the child or the child is discharged without any finding of guilt (as the case requires); or

the child is not charged with a relevant offence within 6 months; or

the child is so charged, but the charge is not proceeded with or the child is not found guilty of the offence or any other relevant offence before the end of that period; and

that if the child is or has been fingerprinted under this Subdivision on another occasion, section 464O(3A) may apply to the collective destruction of the child's fingerprints; and

that the fingerprints may not be destroyed if the child dies before the fingerprints are required to be destroyed; and

that the fingerprints may be used for the purposes specified in section 464NB.

A parent or guardian of a child must be present during the request for the fingerprints under this section, the giving of the information referred to in subsection (3) and the taking of the fingerprints with consent.

Subject to subsection (6), the police officer who informs a child of the matters in subsection (3) must—

record by audio recording or audiovisual recording; or

record in writing signed by the child and the parent or guardian present—

If a child is in custody within the meaning of this Subdivision in relation to an indictable offence, the giving of the information under subsection (3) and the responses, if any, of the child and the parent or guardian must be recorded by audio recording or audiovisual recording.

If information and the responses of the child and parent or guardian are recorded by audio recording or audiovisual recording, the police officer giving the information must give or send by post to the child or the child's legal practitioner without charge—

the recording (whether audio recording or audiovisual recording) or a copy of it within 7 days; and

if a transcript of the recording is prepared, a copy of the transcript as soon as practicable.

If information and the responses of the child and parent or guardian are recorded in writing, the police officer requesting the child's fingerprints must give to the child, or cause the child to be given, a copy of the signed record forthwith.