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CRIMES ACT 1914 - SECT 23XWR Informed consent of volunteer or parent or guardian of volunteer

CRIMES ACT 1914 - SECT 23XWR

Informed consent of volunteer or parent or guardian of volunteer

  (1)   A volunteer, or parent or guardian of a volunteer, gives informed consent in accordance with this section if the volunteer, parent or guardian consents in the presence of an independent person (not being a constable) after a constable informs the volunteer, parent or guardian, in accordance with the regulations, of the following matters:

  (a)   the way in which the forensic procedure is to be carried out;

  (b)   that the volunteer is under no obligation to undergo the forensic procedure;

  (c)   that the forensic procedure may produce evidence that might be used in a court of law;

  (d)   to the extent that they are relevant, the matters specified in subsection   (2);

  (e)   that the volunteer, parent or guardian may consult a legal practitioner of the volunteer's, parent's or guardian's choice before deciding whether or not to consent to the forensic procedure;

  (f)   that the volunteer, parent or guardian may at any time withdraw consent to:

  (i)   the volunteer undergoing the forensic procedure; or

  (ii)   retention of the forensic material taken; or

  (iii)   retention of information obtained from the analysis of that material.

  (2)   The constable must inform the volunteer, or parent or guardian of the volunteer, of the following:

  (a)   that information obtained from analysis of forensic material taken from a person under this Division, and as to the identity of the person, may be placed on the Commonwealth DNA database system;

  (b)   that the information will be stored on the volunteers (limited purposes) index of that system unless the volunteer (or, in the case of a volunteer who is a child or an incapable person, the parent or guardian of the volunteer) chooses for the information to be stored on the volunteers (unlimited purposes) index of that system; and

  (ba)   if the information is placed on the volunteers (limited purposes) index--the purpose for which the information is placed on the index and that the information may only be used for that purpose;

  (c)   if the information is placed on the volunteers (unlimited purposes) index--that the information may be used for the purposes of a criminal investigation or any other purpose for which the Commonwealth DNA database system may be used under Division   8A;

  (d)   that information placed on the Commonwealth DNA database system will be retained for such period as the Commissioner and the volunteer (or, in the case of a volunteer who is a child or an incapable person, a parent or guardian of the volunteer) agree and must then be removed from the system;

  (da)   if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency (other than an agency responsible to an international tribunal)--the following:

  (i)   the name of the foreign law enforcement agency that has made the request;

  (ii)   that forensic evidence resulting from the forensic procedure will be provided to the foreign law enforcement agency;

  (iii)   that the forensic evidence may be used in proceedings in the foreign country;

  (iv)   that the retention of the forensic evidence will be governed by the laws of the foreign country;

  (v)   that the retention of the forensic evidence will be subject to undertakings given by the foreign law enforcement agency;

  (vi)   the content of those undertakings;

  (db)   if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency responsible to an international tribunal--the following:

  (i)   the name of the international tribunal for which the request was made;

  (ii)   that forensic evidence resulting from the forensic procedure will be provided to the agency;

  (iii)   that the forensic evidence may be used in proceedings in the international tribunal;

  (iv)   that the retention of the forensic evidence will be governed by the rules of the international tribunal;

  (v)   that the retention of the forensic evidence will be subject to undertakings given by the agency;

  (vi)   the content of those undertakings;

  (e)   any other matters prescribed by the regulations.

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