New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 76

76 Carrying out of forensic procedures on volunteers

(1) In this Act, "volunteer" means:

(a) a person (other than a child or an incapable person) who consents to a request by a police officer for the person to undergo a forensic procedure, or

(b) a child who consents, and whose parent or guardian consents, to a request by a police officer for the child to undergo a forensic procedure, or

(c) an incapable person whose parent or guardian consents to a request by a police officer for the person to undergo a forensic procedure,

but does not include a suspect, a person under 10 years of age or an excluded volunteer.

(2) A person is authorised to carry out a forensic procedure on a volunteer (other than a child or an incapable person) with the informed consent of the volunteer given in accordance with section 77.

(2A) A person is authorised to carry out a forensic procedure on a volunteer who is a child:

(a) with the informed consent of the child’s parent or guardian, given in accordance with section 77, or

(b) if the informed consent of the child’s parent or guardian cannot be obtained, by order of a Magistrate under section 80,

and, in either case, with the informed consent of the child.

(2B) A person is authorised to carry out a forensic procedure on a volunteer who is an incapable person:

(a) with the informed consent of the person’s parent or guardian given in accordance with section 77, or

(b) if the informed consent of the person’s parent or guardian cannot be obtained, by order of a Magistrate under section 80.

(3) Subsections (2A) and (2B) do not authorise a person to carry out a forensic procedure on a child or an incapable person who objects to or resists the carrying out of the forensic procedure.

(4) Part 6 applies to the carrying out of a forensic procedure under this Part as if the references to a suspect in that Part were references to a volunteer referred to in this section. A person is authorised by this section to carry out a forensic procedure on a volunteer in accordance with Part 6 as so applied and not otherwise.