Crimes Act 1958

In this section—

A DNA person or a parent or guardian gives informed consent to a request for the DNA person to give a DNA profile sample if the DNA person or the parent or guardian consents to the request after a police officer informs the DNA person or the parent or guardian in language likely to be understood by the DNA person or the parent or guardian—

of the purpose for which the sample is required; and

of the nature of the procedure sought to be conducted to take the sample; and

for a DNA person who is an adult, of the indictable offence which the person is suspected of having committed or with which the person has been charged or for which the person has been summonsed to answer to a charge; and

for a DNA person who is a child, of the DNA sample offence which the child is believed on reasonable grounds of having committed or with which the child has been charged or for which the child has been summonsed to answer to a charge; and

for a DNA person who is a child, that for the child to give informed consent both the child and the child's parent or guardian must consent to the taking of the sample; and

that the taking of the sample could produce evidence to be used in a court; and

that information obtained from analysis of forensic material obtained by the taking of the sample will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; and

that any sample taken from the DNA person will be destroyed if—

for a DNA person who is a child, the child is given a youth warning or youth caution within the meaning of the Youth Justice Act 2024 in respect of a DNA sample offence; or

for a DNA person who is a child, the child is referred to an early diversion group conference within the meaning of the Youth Justice Act 2024 in respect of a DNA sample 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 person has not been charged with an indictable offence or a DNA sample offence (as the case requires) at the end of 12 months after the taking of the sample; or

the person has been so charged but the charge is not proceeded with or the DNA person is not found guilty of the offence whether on appeal or otherwise before the end of that period; and

that the DNA person or the parent or guardian may refuse to consent to the taking of the sample; and

that if the DNA person or the parent or guardian refuses to consent to the taking of the sample, that a senior police officer may authorise the taking of the sample.

A police officer who informs a DNA person or a parent or guardian of the matters in subsection (2)—

must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person; and

must give or send by registered post to the person or the person's legal practitioner or the parent or guardian of the child if the child's legal practitioner is not known, without charge—

if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and

if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record as soon as practicable.

A DNA person is taken as having refused consent if—

the DNA person is—

held in a prison, police gaol or youth justice custodial centre; or

a prisoner in a prison or a person detained in a police gaol who is transferred from the prison or police gaol to a facility or an institution referred to in section 56AB(1) of the Corrections Act 1986; and

within 24 hours after the giving of the information referred to in subsection (2) the DNA person fails to consent to the request to take the sample.

A parent or guardian is taken as having refused consent if the parent or guardian is not capable of giving informed consent by reason of mental impairment.