Crimes (Forensic Procedures) Act 2000 CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - Made under the Crimes (Forensic Procedures) Act 2000 - As at 1 September 2008 - Reg 731 of 2000 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Commencement 3. Definitions 4. Notes 5. Aboriginal legal aid organisations 6. Appropriately qualified persons 6A. Responsible person 7. Form of consent—serious indictable offender 7AA. Form of consent—untested former offender 7A. Informed consent—volunteer or volunteer’s parent or guardian 8. Form of consent—volunteer or volunteer’s parent or guardian 9. Access to, and disclosure of, information on DNA database system 10. Use of information on DNA database system 11. Disclosure of information 12. Corresponding laws 13. Appropriate authorities CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Crimes (Forensic Procedures) Regulation 2000. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 2 Commencement 2 Commencement (1) This Regulation commences on 1 January 2001, except as provided by subclause (2). (2) Clauses 7A and 8 commence on the commencement of Part 8 of the Act. Date of commencement of Part 8 of the Act: 1.6.2003. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 3 Definitions 3 Definitions In this Regulation: "the Act" means the Crimes (Forensic Procedures) Act 2000. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 4 Notes 4 Notes The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 5 Aboriginal legal aid organisations 5 Aboriginal legal aid organisations The Aboriginal Legal Service (NSW/ACT) Limited is a prescribed organisation for the purposes of the definition of "Aboriginal legal aid organisation" in section 3 (1) of the Act. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 6 Appropriately qualified persons 6 Appropriately qualified persons For the purposes of paragraph (b) of the definition of "appropriately qualified" in section 3 (1) of the Act, a person is qualified to carry out a forensic procedure if the procedure is one the Commissioner of Police has authorised the person in writing (either generally or in a particular case) to carry out. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 6A Responsible person 6A Responsible person For the purposes of the definition of "responsible person" in section 3 (1) of the Act, the Chief Executive of the Sydney West Area Health Service is declared to be the person responsible for the care, control and management of the DNA database system. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 7 Form of consent—serious indictable offender 7 Form of consent—serious indictable offender For the purposes of section 72 (a) of the Act, the following are the prescribed particulars: (a) the name of the serious indictable offender giving consent to the carrying out of the forensic procedure, (b) a description of the forensic procedure, (c) the name of the police officer who has requested consent to the carrying out of the procedure, (d) a statement as to whether or not the police officer has informed the offender (personally or in writing) of the matters set out in section 69 of the Act, (e) a statement as to whether or not the offender has been given the opportunity to communicate, or attempt to communicate, with a legal practitioner of the offender’s choice. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 7AA Form of consent—untested former offender 7AA Form of consent—untested former offender For the purposes of section 75J (a) of the Act, the following are the prescribed particulars: (a) the name of the untested former offender giving consent to the carrying out of the forensic procedure, (b) a description of the forensic procedure, (c) the name of the police officer who has requested consent to the carrying out of the procedure, (d) a statement as to whether or not the police officer has informed the former offender (personally or in writing) of the matters set out in section 75H of the Act, (e) a statement as to whether or not the former offender has been given the opportunity to communicate, or attempt to communicate, with a legal practitioner of the former offender’s choice. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 7A Informed consent—volunteer or volunteer’s parent or guardian 7A Informed consent—volunteer or volunteer’s parent or guardian For the purposes of section 77 (2) (e) of the Act, the following are prescribed matters: (a) that the DNA database system includes 2 indexes relevant to volunteers, a volunteers (limited purposes) index and a volunteers (unlimited purposes) index, (b) that the volunteer, or parent or guardian of the volunteer, may give consent subject to the condition that information obtained from the analysis of forensic material taken in accordance with the consent will only be placed on a specified index of that system, or will not be placed on either index. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 8 Form of consent—volunteer or volunteer’s parent or guardian 8 Form of consent—volunteer or volunteer’s parent or guardian For the purposes of section 78 (a) of the Act, the following are the prescribed particulars: (a) the name of the person giving consent to the carrying out of the forensic procedure, (b) a description of the forensic procedure, (c) the name of the police officer who has requested consent to the carrying out of the procedure, (d) a statement as to whether or not the police officer has informed the person (personally or in writing) of the matters set out in section 77 of the Act, (e) the name of the independent person in whose presence the consent is given, (f) a statement indicating whether the consent is given subject to a condition about on which index, if any, information obtained from the analysis of forensic material taken in accordance with the consent may be placed. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 9 Access to, and disclosure of, information on DNA database system 9 Access to, and disclosure of, information on DNA database system (1) For the purposes of section 92 (2) (b) of the Act, a person may access information stored on the DNA database system for the purpose of making it available to the person to whom it relates if: (a) an application in writing to make the information available to the person is made to the responsible person for the DNA database system by or on behalf of the person, and (b) before the information is made available, the applicant provides such reasonable proof of identity (if any) as may be required by the responsible person. (2) For the purposes of section 109 (2) (b) of the Act, a person may disclose information stored on the DNA database system for the purpose of making it available to the person to whom it relates if: (a) an application in writing to make the information available to the person is made to the responsible person for the DNA database system by or on behalf of the person, and (b) before the information is made available, the applicant provides such reasonable proof of identity (if any) as may be required by the responsible person. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 10 Use of information on DNA database system 10 Use of information on DNA database system (1) For the purposes of section 92 (2) (j) of the Act, the purpose of facilitating the assessment of the validity of a claim of apparent or possible wrongful conviction for a serious indictable offence made by or in relation to a serious indictable offender is a prescribed purpose for which a person authorised by the responsible person for the DNA database system may access information stored on the DNA database system, whether that information relates to the offender or any other person. (2) This clause applies whether a person was convicted before or after the commencement of this clause. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 11 Disclosure of information 11 Disclosure of information (1) For the purposes of section 109 (2) (g) of the Act, the purpose of facilitating the assessment by persons or classes of persons authorised by the Minister for Police of the validity of a claim of apparent or possible wrongful conviction for a serious indictable offence made by or in relation to a serious indictable offender is a prescribed purpose for which a person may disclose information stored on the DNA database system, whether that information relates to the offender or any other person. (2) Subclause (1) applies whether a person was convicted before or after the commencement of subclause (1). (3) For the purposes of section 109 (2) (g) of the Act, any purpose relating to the security classification, placement or management by or under the Crimes (Administration of Sentences) Act 1999 of a classifiable person is a prescribed purpose for which a person may disclose information that relates to the classifiable person that is stored on the DNA database system. (4) Subclause (3) applies whether the information concerned was stored on the DNA database system before, or is so stored after, the commencement of subclause (3). (5) For the purposes of section 109 (3) (o) of the Act, any purpose relating to the security classification, placement or management by or under the Crimes (Administration of Sentences) Act 1999 of a classifiable person is a prescribed purpose for which a person may disclose information relating to the classifiable person revealed by the forensic procedure that was carried out on the classifiable person. (6) Subclause (5) applies whether or not the information concerned is revealed by a forensic procedure that was carried out before or is carried out after the commencement of subclause (5). (6A) For the purposes of section 109 (3) (o) of the Act, the purpose of analysing a sample to obtain a DNA profile to be placed on the DNA database system is a prescribed purpose for which a person may disclose information revealed by the carrying out of a forensic procedure on a suspect, offender or volunteer. (6B) Subclause (6A) applies whether or not the information concerned is revealed by a forensic procedure that was carried out before or is carried out after the commencement of subclause (6A). (7) In this clause, "classifiable person" means a person who is or was a serious indictable offender on whom a forensic procedure has been carried out under Part 7 of the Crimes (Forensic Procedures) Act 2000. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 12 Corresponding laws 12 Corresponding laws For the purposes of the definition of corresponding law in section 95 of the Act, the following laws are prescribed: Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory. Part 1D of the Crimes Act 1914 of the Commonwealth. Division 7 of Part VII of the Police Administration Act of the Northern Territory. Chapter 17 of the Police Powers and Responsibilities Act 2000 of Queensland. Criminal Law (Forensic Procedures) Act 2007 of South Australia. Forensic Procedures Act 2000 of Tasmania. Subdivision (30A) of Division 1 of Part 3 of the Crimes Act 1958 of Victoria. Criminal Investigation (Identifying People) Act 2002 of Western Australia. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 13 Appropriate authorities 13 Appropriate authorities Pursuant to paragraph (a) of the definition of "appropriate authority" in section 95 of the Act, the CrimTrac Agency of the Commonwealth is prescribed as an appropriate authority in relation to the Commonwealth. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2008. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - NOTES Reprint history: Reprint No 1 21 October 2003 CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsCrimes (Forensic Procedures) Regulation 2000 published in Gazette No 168 of 22.12.2000, p 13496 and amended as follows: Crimes (Forensic Procedures) Amendment Regulation 2001 (GG No 41 of 23.2.2001, p 809) Crimes (Forensic Procedures) Amendment Regulation 2002 (GG No 94 of 7.6.2002, p 3484) Crimes (Forensic Procedures) Amendment (Corresponding Laws) Regulation 2002 (GG No 100 of 14.6.2002, p 4455) Crimes (Forensic Procedures) Amendment (Informed Consent) Regulation 2002 (GG No 178 of 18.10.2002, p 8805) Crimes (Forensic Procedures) Amendment (Disclosure of Information) Regulation 2003 (GG No 49 of 21.2.2003, p 2206) Crimes (Forensic Procedures) Amendment (Informed Consent) Regulation 2003 (GG No 53 of 27.2.2003, p 3499) Crimes (Forensic Procedures) Amendment (DNA Database System) Regulation 2003 (GG No 138 of 12.9.2003, p 9227) ____________________________________________________________________________ | | |Crimes (Forensic Procedures) Amendment Regulation | |2006|(133)|2006. GG No 40 of 31.3.2006, p 1601. | | | | | |____________________________________________________________________________| | | |Crimes (Forensic Procedures) Amendment Regulation | | | |2007. GG No 33 of 23.2.2007, p 1003. | |2007|(85) | | | | |Date of commencement of Sch 1 [1], 23.2.2007, cl 2 (1); date of | | | |commencement of Sch 1 [2], 1.7.2007, cl 2 (2); date of | |____________________________________________________________________________| | | |Crimes (Forensic Procedures) Amendment (Responsible Person and | | | |Corresponding Laws) Regulation 2007. GG No 175 of 30.11.2007, p | | |(563)|8683. | | | | | | | |Date of commencement of Sch 1 [1], 30.11.2007, cl 2 (2); date of | |____________________________________________________________________________| Table of amendments __________________________________________________________ |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________| |__________________________________________________________|