New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81

81 Retention of forensic material by order of Magistrate after withdrawal of consent

(1) An authorised applicant may apply to a Magistrate for an order under subsection (2).

(2) If a volunteer, or the parent or guardian of a volunteer, expressly withdraws consent to the retention of forensic material taken from the volunteer or of information obtained from the analysis of that material, a Magistrate may order that such forensic material or information be retained if the Magistrate is satisfied that:

(a) during an investigation into the commission of a serious indictable offence material reasonably believed to be from the body of a person who committed the offence had been found:

(i) at the scene of the offence, or

(ii) on the victim of the offence or anything reasonably believed to have been worn or carried by the victim when the offence was committed, or

(iii) on the volunteer or anything reasonably believed to have been worn or carried by the volunteer at the scene of the offence or when the offence was committed, or

(iv) on an object or person reasonably believed to have been associated with the commission of the offence, and

(b) there are reasonable grounds to believe that information obtained from analysis of the forensic material taken from the volunteer is likely to produce evidence of probative value in relation to the serious indictable offence being investigated, and

(c) the retention of the forensic material taken from the volunteer is justified in all the circumstances.

(3) The order may specify the period for which the forensic material or information obtained from the analysis of that material may be retained.