New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81N

81N Retention of forensic material by order of a Magistrate after parent or guardian of child under 10 years of age withdraws consent

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

(2) A Magistrate may order that forensic material taken or information obtained from carrying out a forensic procedure on a child whose parent or guardian withdraws consent to the retention of the material 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 child or anything reasonably believed to have been worn or carried by the child 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 child 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 child is justified in all the circumstances.