Volunteer for an identifying procedure to be informed
19 Volunteer for an identifying procedure to be informed
If —
in the case of a person who is an adult, the person volunteers to a police officer to undergo an identifying procedure for or in connection with a forensic purpose; or
in the case of a protected person who is an incapable person, a responsible person wants the incapable person to undergo an identifying procedure for or in connection with a forensic purpose and informs a police officer accordingly; or
in the case of a protected person who is a child —
the child is willing to undergo an identifying procedure for or in connection with a forensic purpose; and
a responsible person wants the child to undergo the procedure and informs a police officer accordingly,
the officer must inform the volunteer and, if the case requires, the responsible person, in accordance with subsection (2).
The volunteer and, if the case requires, the responsible person, must be informed of these matters —
which identifying particulars of the volunteer are sought to be obtained by means of the identifying procedure; and
how the procedure will be carried out; and
that subject to his or her decision, the volunteer’s identifying information may be compared with or put in a forensic database; and
that the procedure may provide evidence that could be used in court against the volunteer; and
that he or she may decide whether —
to limit the forensic purposes for which the volunteer’s identifying information may be used; or
to allow the identifying information to be used for unlimited forensic purposes;
and
that he or she may decide whether the identifying information can be kept by the WA Police —
for a limited period; or
indefinitely;
and
that, if the procedure is done, he or she may subsequently change the decision on the matters in paragraphs (e) and (f) by notifying the Commissioner of Police; and
that the volunteer is not obliged to undergo the procedure; and
that he or she may get legal advice before deciding whether or not to consent to the procedure; and
that, if deciding to consent to the procedure, he or she may withdraw consent at any time before the procedure has been completed; and
any matter prescribed by the regulations.
[Section 19 amended: No. 22 of 2013 s. 12.]
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