New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 69

69 Matters that offender must be informed of before giving consent

(1) The police officer must (personally or in writing) inform the serious indictable offender of the following:

(a) the purpose for which the forensic procedure is required,

(b) if the police officer wants the forensic procedure carried out in relation to an offence-the offence concerned,

(c) the way in which the forensic procedure is to be carried out,

(d) that the forensic procedure may produce evidence against the offender that might be used in a court of law,

(e) that the forensic procedure will be carried out by a person who may carry out the procedure under Part 6 as applied by section 65,

(f) if the forensic procedure is the taking of a sample of blood-that the offender may request that the correctional centre medical officer be present while the blood is taken,

(g) that the offender may refuse consent to the carrying out of the forensic procedure,

(h) the consequences of not consenting, as specified in subsection (2) or (3) (whichever is applicable),

(i) the effect of section 84 (if applicable),

(j) that information obtained from analysis of forensic material obtained from carrying out the forensic procedure may be placed on the DNA database system and used for the purposes of a criminal investigation or for any other purpose for which the DNA database system may be used under Part 11 or 12 and, in particular, that the information may be compared with information from the DNA database systems of other participating jurisdictions.

(2) Failure to consent to non-intimate forensic procedure The police officer must (personally or in writing) inform a serious indictable offender requested to undergo a non-intimate forensic procedure to which this Part applies that, if the offender does not consent, a senior police officer may order the carrying out of the forensic procedure under section 70.

(3) Failure to consent to intimate forensic procedure The police officer must (personally or in writing) inform a serious indictable offender requested to undergo an intimate forensic procedure to which this Part applies that, if the offender does not consent, an application may be made to a court for an order authorising the carrying out of the forensic procedure.