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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (DNA Database) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Headings inserted 2
5. Definitions inserted 3
6. Informed consent 7
7. Procedure for taking mouth scrapings 8
8. Evidence relating to forensic procedures 10
9. Forensic procedure after forensic sample offence 10
10. New section 464ZFAA inserted 10
464ZFAA. Notice to attend for forensic procedure 10
11. Warrant in event of non-attendance 13
12. Retention of sample following finding of guilt 15
13. Computerised databases 16
14. Information given to volunteers 16
15. New headings and sections 464ZGG to 464ZGO inserted 17
DNA database system 17
464ZGG. Supply of forensic material for purposes of DNA
database 17
464ZGH. Use of information on DNA database system 18
464ZGI. Permissible matching of DNA profiles 20
464ZGJ. Recording, retention and removal of identifying
information on DNA database system 21
464ZGK. Disclosure of information 23
Inter-jurisdictional enforcement 26
464ZGL. Registration of orders 26
464ZGM. Carrying out of registered orders 27
464ZGN. Database information 27
464ZGO. Taking, retention and use of forensic material
authorised by laws of other jurisdictions 28
16. Relevant suspect 29
17. Forensic sample offences 29
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Clause Page
18. New section 596 inserted 30
596. Transitional provisions--Crimes (DNA Database)
Act 2001 31
ENDNOTES 33
ii
541200B.A1-1/3/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 28 November 2001
As amended by Assembly 28 February 2002
A BILL
to amend the Crimes Act 1958 with respect to forensic samples and
for other purposes.
Crimes (DNA Database) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Crimes
Act 1958--
(a) to facilitate participation in the national
5 DNA database system; and
(b) to amend procedures for the obtaining, use
and retention of forensic samples.
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Crimes (DNA Database) Act 2001
s. 2
Act No.
2. Commencement
(1) This Act (except section 17(2)) comes into
operation on the day after the day on which it
receives the Royal Assent.
5 (2) Section 17(2) is deemed to have come into
operation on the commencement of section
16(1)(c) of the Drugs, Poisons and Controlled
Substances (Amendment) Act 2001.
3. Principal Act
10 See: In this Act, the Crimes Act 1958 is called the
Act No.
Principal Act.
6231.
Reprint No. 15
as at
1 September
1999 and
amending
Act Nos
26/1999,
53/2000,
67/2000,
74/2000,
86/2000,
92/2000,
45/2001,
58/2001,
61/2001 and
69/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Headings inserted
In the Principal Act--
(a) after section 464J insert--
15 "Fingerprinting";
(b) after section 464Q insert--
"Forensic procedures";
(c) before section 464ZH insert--
"General".
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5. Definitions inserted
In section 464(2) of the Principal Act, insert the
following definitions--
' "appropriate authority" means--
5 (a) in relation to the Commonwealth or the
Australian Capital Territory--the
Commissioner (within the meaning of
section 23WA of the Crimes Act 1914
of the Commonwealth) of the
10 Australian Federal Police or any other
prescribed authority; or
(b) in relation to any other participating
jurisdiction--an authority exercising, in
relation to the police force of that
15 jurisdiction, functions corresponding to
those of the Chief Commissioner of
Police or any other prescribed
authority;
"corresponding law" means a law relating to the
20 carrying out of forensic procedures and DNA
databases that--
(a) substantially corresponds to this
Subdivision; or
(b) is prescribed for the purposes of this
25 definition;
"crime scene index" means an index of DNA
profiles derived from forensic material found
or other material found--
(a) at any place (whether within or outside
30 Victoria) where an offence (whether
under the law of Victoria or of a
participating jurisdiction) was, or is
reasonably suspected of having been,
committed; or
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Crimes (DNA Database) Act 2001
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(b) on the victim of the offence or on
anything reasonably believed to have
been worn or carried by the victim
when the offence was committed; or
5 (c) on an object or person reasonably
believed to have been associated with
the commission of the offence;
"DNA database" means--
(a) in relation to Victoria--the DNA
10 database referred to in section 464ZFD
or the DNA database system; and
(b) in relation to a participating
jurisdiction--a DNA database system
that is kept under a corresponding law
15 of the participating jurisdiction;
"DNA database system" means a database
(whether in computerised or other form and
however described) containing--
(a) one or more of the following indexes of
20 DNA profiles--
(i) a crime scene index;
(ii) a missing persons index;
(iii) an unknown deceased persons
index;
25 (iv) a serious offenders index;
(v) a volunteers (unlimited purposes)
index;
(vi) a volunteers (limited purposes)
index;
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Crimes (DNA Database) Act 2001
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(vii) a suspects index--
and information that may be used to
identify the person from whose forensic
material each DNA profile was derived;
5 and
(b) a statistical index; and
(c) any other prescribed index;
"forensic material" means any material--
(a) from which a DNA profile may be
10 derived; and
(b) which is obtained from samples taken
or procedures conducted in accordance
with this Subdivision--
but does not include a sample taken for the
15 sole purpose of establishing the identity of
the person from whom it is taken;
"missing persons index" means an index of
DNA profiles, derived from forensic
material, of--
20 (a) persons who are missing; and
(b) volunteers who are relatives by blood
of missing persons;
"participating jurisdiction" means the
Commonwealth, another State or a Territory
25 in which there is a corresponding law in
force;
"responsible Minister", in relation to a
participating jurisdiction means a Minister of
that jurisdiction who is responsible for
30 administration of a corresponding law;
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"serious offenders index" means an index of
DNA profiles derived from forensic material
taken from--
(a) offenders in accordance with
5 section 464ZF, or under a
corresponding law of a participating
jurisdiction; and
(b) suspects who have been convicted of--
(i) an offence and an order has been
10 made under section 464ZFB(1); or
(ii) an offence in respect of which a
forensic procedure may be
conducted under a corresponding
law of a participating jurisdiction;
15 "statistical index" means an index of information
that--
(a) is obtained from the analysis of forensic
material taken from persons in
accordance with this Subdivision or
20 under a corresponding law of a
participating jurisdiction; and
(b) has been compiled for statistical
purposes; and
(c) cannot be used to discover the identity
25 of persons from whom the forensic
material was taken;
"suspects index" means an index of DNA
profiles derived from forensic material taken
from suspects in accordance with section
30 464R, 464T or 464U or under a
corresponding law of a participating
jurisdiction;
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Crimes (DNA Database) Act 2001
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"unknown deceased persons index" means an
index of DNA profiles of deceased persons
whose identities are unknown where the
DNA profile is derived from forensic
5 material;
"volunteer" means a person who volunteers to
give a sample under section 464ZGB;
"volunteers (limited purposes) index" means an
index of DNA profiles derived from forensic
10 material taken from volunteers, under
section 464ZGB or a corresponding law of a
participating jurisdiction, who have chosen
that the information obtained from analysis
of the material may be used only for a
15 limited purpose that is specified by the
volunteer and noted on the index;
"volunteers (unlimited purposes) index" means
an index of DNA profiles derived from
forensic material taken from volunteers,
20 under section 464ZGB or a corresponding
law of a participating jurisdiction, who have
chosen that the information obtained from
analysis of the material may be used for the
purpose of a criminal investigation or any
25 other purpose for which the DNA database
may be used;'.
6. Informed consent
In section 464S(1) of the Principal Act, after
paragraph (e) insert--
30 "(ea) that information obtained from analysis of
forensic material obtained by the procedure
will be placed on a DNA database and may
be used for the purpose of a criminal
investigation or any other purpose for which
35 the DNA database may be used under this
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Crimes (DNA Database) Act 2001
s. 7
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Subdivision or under a corresponding law of
a participating jurisdiction; and".
7. Procedure for taking mouth scrapings
(1) In section 464Z of the Principal Act, after sub-
5 section (1) insert--
"(1A) The Chief Commissioner of Police may
authorise a member of the police force, or a
class of members of the police force, to
supervise the taking of scrapings from the
10 mouth for the purposes of sub-section (3A).".
(2) In section 464Z(2) of the Principal Act, after "(1)"
insert "or (1A)".
(3) In section 464Z(3)(c) of the Principal Act, for
"this section" substitute "sub-section (1)".
15 (4) In section 464Z of the Principal Act, after sub-
section (3) insert--
"(3A) Nothing in sub-section (3) prevents a person
from whom a scraping from the mouth is to
be taken from taking the scraping himself or
20 herself under the supervision of a member of
the police force authorised in accordance
with sub-section (1A) if--
(a) the member considers it appropriate for
the person to do so; and
25 (b) the person consents to taking the
scraping and the consent is recorded by
tape-recording or in writing signed by
the person; and
(c) subject to sub-section (3C), the
30 procedure is witnessed by an
independent person or the procedure is
video-recorded.
(3B) For the purposes of sub-section (3A)(c), an
independent person includes a parent or
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Crimes (DNA Database) Act 2001
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Act No.
guardian of a child from whom a scraping is
to be taken.
(3C) Paragraph (c) of sub-section (3A) does not
apply to a scraping taken from a person
5 under this Subdivision, other than in
accordance with an order of a court referred
to in section 464ZA(1), if--
(a) the person waives the requirements of
that paragraph; and
10 (b) the waiver is recorded by tape-
recording or in writing signed by the
person.
(3D) The member of the police force referred to in
sub-section (3A) must give or send by
15 registered post to the person from whom a
scraping is taken or his or her legal
practitioner, without charge--
(a) if the consent or waiver is tape-
recorded, a copy of the tape-recording
20 as soon as practicable but not more than
7 days after the waiver is given, and, if
a transcript of the tape-recording is
prepared, a copy of the transcript as
soon as practicable; and
25 (b) if the consent or waiver is recorded in
writing, a copy of the record
forthwith.".
(5) In section 464Z(6) of the Principal Act--
(a) in paragraph (ab), after "physical
30 examination and" insert ", subject to sub-
section (9),";
(b) in paragraph (c), after sub-paragraph (iii)
insert--
" ; and
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s. 8
Act No.
(iv) a member of the police force referred to
in sub-section (3A).".
(6) In section 464Z of the Principal Act, after sub-
section (8) insert--
5 "(9) If a scraping is to be taken from a person's
mouth and the person is to take it, the
witness required by sub-section (6)(ab) to be
present need not be of the same sex as the
person.".
10 8. Evidence relating to forensic procedures
In section 464ZE(1) of the Principal Act, after
"(4)" insert "and section 464ZGO".
9. Forensic procedure after forensic sample offence
In section 464ZF of the Principal Act, after sub-
15 section (2) insert--
"(2A) An order under sub-section (2) in respect of
a person who is not a detained or protected
person must include a direction that the
person attend--
20 (a) at a place; and
(b) within a period, commencing after the
expiry of the period referred to in sub-
section (6) during which the order must
not be executed--
25 specified in the order to undergo the forensic
procedure.".
10. New section 464ZFAA inserted
After section 464ZF of the Principal Act insert--
"464ZFAA. Notice to attend for forensic procedure
30 (1) If a member of the police force of or above
the rank of senior sergeant is satisfied that--
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Crimes (DNA Database) Act 2001
s. 10
Act No.
(a) an order under section 464ZF(2) in
respect of a person was made--
(i) before the commencement of
section 10 of the Crimes (DNA
5 Database) Act 2001; or
(ii) when the person was a detained or
protected person and within the
period of 6 months immediately
preceding the serving of the notice
10 the person ceased to be a detained
or protected person; and
(b) the order has not been executed; and
(c) the period referred to in section
464ZF(6) during which the order must
15 not be executed has expired--
the member may serve on the person a notice
in accordance with sub-sections (2) and (3).
(2) A notice must direct the person to attend at a
police station specified in the notice within
20 28 days after service of the notice to undergo
the forensic procedure ordered by the court
and must state--
(a) the date on which the order under
section 464ZF(2) was made;
25 (b) the court which made the order;
(c) that the person has not undergone the
forensic procedure;
(d) that if the person fails to comply with
the notice, application for a warrant to
30 arrest the person may be made without
further notice to the person;
(e) that the person may wish to seek legal
advice as to the effect of the notice;
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(f) the name, rank and telephone number
of the member serving the notice.
(3) A copy of the order under section 464ZF(2)
must be attached to and served with the
5 notice.
(4) A notice may be served on a person by--
(a) delivering a true copy of the notice to
the person personally; or
(b) leaving a true copy of the notice for the
10 person at the person's last or most usual
place of residence or business with a
person who apparently resides or works
there and who is apparently not less
than 16 years of age; or
15 (c) posting the notice to the person at their
last known place of residence or
business.
(5) If a notice is served by post in accordance
with sub-section (4)(c), evidence of service
20 must state the manner of ascertainment of the
address to which the notice was posted and
the time and place of posting.
(6) If a person does not comply with a notice
served under this section, a member of the
25 police force may apply to a magistrate or a
registrar of the Magistrates' Court for a
warrant under sub-section (7).
(7) If a magistrate or a registrar to whom such an
application is made is satisfied by evidence
30 on oath or by affidavit that--
(a) a notice was served on a person in
accordance with this section; and
(b) the person has not undergone the
forensic procedure--
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the magistrate or registrar may issue a
warrant authorising the person to whom it is
directed, if necessary--
(c) to break, enter and search by day or by
5 night any place where the person
named in the warrant is suspected to be;
and
(d) to arrest the person; and
(e) to detain the person for as long as
10 reasonably permits the conduct of the
forensic procedure.
(8) Section 464ZFA(2), (3), (4), (5), (6) and (7)
apply to a warrant issued under sub-section
(7) as if it were a warrant issued under
15 section 464ZFA(1B).".
11. Warrant in event of non-attendance
(1) In section 464ZFA of the Principal Act, after sub-
section (1) insert--
"(1A) If a court makes an order under section
20 464ZF(2) directing a person to undergo a
forensic procedure and the person does not
comply with a direction referred to in section
464ZF(2A), a member of the police force
may apply to a magistrate or a registrar of
25 the Magistrates' Court for a warrant under
sub-section (1B).
(1B) If a magistrate or a registrar to whom such an
application is made is satisfied by evidence
on oath or by affidavit that the person has not
30 complied with a direction referred to in
section 464ZF(2A), the magistrate or
registrar may issue a warrant authorising the
person to whom it is directed, if necessary--
(a) to break, enter and search by day or by
35 night any place where the person
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Crimes (DNA Database) Act 2001
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named in the warrant is suspected to be;
and
(b) to arrest the person; and
(c) to detain the person for as long as
5 reasonably permits the conduct of the
forensic procedure.".
(2) In section 464ZFA of the Principal Act--
(a) in sub-section (2), after "(1)" insert "or
(1B)";
10 (b) in sub-section (3), after "(1)" insert "or
(1B)";
(c) in sub-section (4)--
(i) for "(1) it must" substitute "(1) or a
magistrate or registrar issues a warrant
15 under sub-section (1B), the court,
magistrate or registrar must";
(ii) in paragraph (a), for "its" substitute
"the";
(d) in sub-section (5)--
20 (i) after "court" insert ", magistrate or
registrar";
(ii) for "by it" substitute "by the court,
magistrate or registrar";
(e) in sub-section (6), after "(1)" insert
25 "or (1B)".
(3) In section 464ZFA of the Principal Act, after sub-
section (6) insert--
"(7) A member of the police force who executes a
warrant issued under sub-section (1B) must,
30 as soon as practicable after executing the
warrant--
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(a) endorse the warrant to that effect; and
(b) cause to be lodged with a registrar of
the Magistrates' Court a report signed
by the member and containing
5 particulars of--
(i) the date and time at which the
person was arrested;
(ii) the date and time at which the
person was released from custody;
10 (iii) the date, time and place at which
the forensic procedure was
conducted;
(iv) the name and position of the
person who conducted the forensic
15 procedure and every other person
present;
(v) the type of sample taken;
(vi) whether reasonable force was used
to enable the forensic procedure to
20 be conducted.".
12. Retention of sample following finding of guilt
(1) In section 464ZFB(1) of the Principal Act--
(a) for "within 6 months" substitute "at any
time after the finding of guilt but not later
25 than 6 months";
(b) after "may apply to" insert "the court
referred to in paragraph (b) or to".
(2) In section 464ZFB of the Principal Act, after sub-
section (2) insert--
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"(2A) An order made under sub-section (1) before
the expiry of the appeal period in respect of
the offence or the final determination of an
appeal (whichever is the later)--
5 (a) takes effect on that expiry or final
determination; and
(b) has no effect if, on appeal, the finding
of guilt or conviction is quashed.".
13. Computerised databases
10 In section 464ZFD(2) of the Principal Act, for
"computerised database" substitute "DNA
database".
14. Information given to volunteers
In section 464ZGB(3) of the Principal Act, for
15 paragraph (b) substitute--
"(b) that information obtained from the analysis
will be placed on a DNA database and may
be used for the purpose of a criminal
investigation or any other purpose for which
20 the DNA database may be used under this
Subdivision or under a corresponding law of
a participating jurisdiction;
(ba) that the person may choose whether the
information obtained from analysis of the
25 sample may be used--
(i) only for a limited purpose to be
specified by the volunteer; or
(ii) for the purpose of a criminal
investigation or any other purpose for
30 which the DNA database may be used
under this Subdivision or under a
corresponding law of a participating
jurisdiction;
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(bb) that information obtained from the analysis
could produce evidence to be used in a
court;".
15. New headings and sections 464ZGG to 464ZGO
5 inserted
After section 464ZGF of the Principal Act
insert--
'DNA database system
464ZGG. Supply of forensic material for purposes of
10 DNA database
(1) In this section--
"excluded forensic material" means
forensic material--
(a) found at a crime scene; or
15 (b) taken from a suspect in
accordance with this Subdivision
or under a corresponding law of a
participating jurisdiction; or
(c) taken from an offender under
20 section 464ZF or 464ZGB or
under a corresponding law of a
participating jurisdiction; or
(d) taken from the body of a deceased
person; or
25 (e) from the body of a missing
person; or
(f) taken from a volunteer who is a
relative by blood of a deceased or
missing person;
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"prohibited analysis" means analysis for
the purpose of deriving a DNA profile
for inclusion on a DNA database when
the forensic material is required to be
5 destroyed by this Subdivision or under
a corresponding law of a participating
jurisdiction.
(2) A person--
(a) whose conduct causes the supply of
10 forensic material taken from a person
under this Subdivision (or under a
corresponding law of a participating
jurisdiction) to a person for prohibited
analysis; and
15 (b) who intends or is reckless as to the
supply of material of that kind--
is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a
level 8 fine (120 penalty units maximum).
20 (3) A person--
(a) whose conduct causes the supply of
forensic material (other than excluded
forensic material) to a person for
analysis for the purpose of deriving a
25 DNA profile for inclusion on a DNA
database; and
(b) who intends or is reckless as to the
supply of material of that kind--
is guilty of a summary offence and liable to
30 level 8 imprisonment (1 year maximum) or a
level 8 fine (120 penalty units maximum).
464ZGH. Use of information on DNA database
system
(1) A person who accesses information stored on
35 the DNA database system except in
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accordance with this section is guilty of a
summary offence and liable to level 8
imprisonment (1 year maximum) or a level 8
fine (120 penalty units maximum).
5 (2) A person may access information stored on
the DNA database system for one or more of
the following purposes--
(a) forensic comparison permitted under
section 464ZGI (permissible matching);
10 (b) making the information available, in
accordance with the regulations, to the
person to whom the information relates;
(c) administering the DNA database
system;
15 (d) in accordance with an arrangement
entered into between Victoria and the
Commonwealth, another State or a
Territory for the provision of access to
information contained in the DNA
20 database system by law enforcement
officers or by any other persons
authorised in writing by the Chief
Commissioner of Police;
(e) in accordance with the Mutual
25 Assistance in Criminal Matters Act
1987 of the Commonwealth or the
Extradition Act 1988 of the
Commonwealth;
(f) a coronial investigation or inquest;
30 (g) an investigation of a complaint by--
(i) the Privacy Commissioner
appointed under the Information
Privacy Act 2000; or
(ii) the Health Services Commissioner
35 within the meaning of the Health
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Records Act 2001 for the
purposes of that Act; or
(iii) the Ombudsman appointed under
the Ombudsman Act 1973.
5 (3) This section does not apply to information
that cannot be used to discover the identity
of any person.
464ZGI. Permissible matching of DNA profiles
(1) A matching of a DNA profile on an index of
10 the DNA database system specified in
column 1 of the following Table with a DNA
profile on another index of the system
specified in column 2, 3, 4, 5, 6, 7 or 8 of the
Table is not permitted by this Subdivision
15 if--
(a) "no" is shown in relation to the index
specified in column 2, 3, 4, 5, 6, 7 or 8
opposite the index specified in
column 1; or
20 (b) "only if within purpose" is shown in
relation to the index specified in
column 2, 3, 4, 5, 6, 7 or 8 opposite the
volunteers (limited purposes) index
specified in column 1 and the matching
25 is carried out for a purpose other than a
purpose for which the DNA profile
placed on the volunteers (limited
purposes) index specified in column 1
was so placed.
TABLE
Profile to be Is matching
matched permitted?
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8
Volunteers Volunteers Unknown
Crime (limited (unlimited Serious Missing deceased
Scene Suspects purposes) purposes) offenders persons persons
1. crime yes yes no yes yes yes yes
scene
2. suspects yes no no no yes no yes
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Profile to be Is matching
matched permitted?
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8
Volunteers Volunteers Unknown
Crime (limited (unlimited Serious Missing deceased
Scene Suspects purposes) purposes) offenders persons persons
3. volunteers only if no no no only if only if only if
(limited within within within within
purposes) purpose purpose purpose purpose
4. volunteers yes no no no yes yes yes
(unlimited
purposes)
5. serious yes yes no no yes yes yes
offenders
6. missing yes yes yes yes yes yes yes
persons
7. unknown yes yes yes yes yes yes no
deceased
persons
(2) A person--
(a) whose conduct causes the matching that
is not permitted by this Subdivision of a
DNA profile on an index of the DNA
5 database system with a DNA profile on
the same or another index of the DNA
database system; and
(b) who intends or is reckless as to any
such matching of profiles--
10 is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a
level 8 fine (120 penalty units maximum).
(3) A person is not guilty of an offence against
sub-section (2) if the person's conduct causes
15 a matching that is not permitted by this
Subdivision but the matching is solely for
the purpose of administering the DNA
database system.
464ZGJ. Recording, retention and removal of
20 identifying information on DNA database
system
(1) In this section--
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"identifying information" means any
information that could be used--
(a) to discover the identity of the
person from whose forensic
5 material the DNA profile was
derived; or
(b) to get information about an
identifiable person;
"identifying period" for a DNA profile
10 means--
(a) except as provided by
paragraphs (b) and (c), the period
of 12 months after the DNA
profile is placed on the DNA
15 database system;
(b) if the DNA profile is derived from
forensic material taken from a
volunteer--the period after the
DNA profile is placed on the
20 DNA database system that is
agreed by the Chief Commissioner
of Police and the volunteer;
(c) if the DNA profile is derived from
forensic material taken from a
25 deceased person (not being a
person who was a volunteer)
whose identity is known--the
period for which the Chief
Commissioner of Police orders the
30 responsible person to retain
identifying information relating to
the profile;
"responsible person", in relation to the
DNA database system, means the
35 person responsible for the care, control
and management of the system.
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(2) A person who intentionally or recklessly
causes any identifying information obtained
from forensic material to be recorded or
retained in a DNA database system at any
5 time after this Subdivision requires the
forensic material to be destroyed is guilty of
a summary offence and liable to level 8
imprisonment (1 year maximum) or a level 8
fine (120 penalty units maximum).
10 (3) A responsible person who does not ensure
that any identifying information relating to a
DNA profile on the volunteers (unlimited
purposes) index or volunteers (limited
purposes) index of the DNA database system
15 is removed from the system as soon as
practicable after the end of the identifying
period for the profile is guilty of a summary
offence and liable to level 8 imprisonment
(1 year maximum) or a level 8 fine
20 (120 penalty units maximum).
(4) A responsible person who does not ensure
that any identifying information relating to a
DNA profile of an offender on the serious
offenders index of the DNA database system
25 is removed from the system as soon as
practicable after becoming aware that the
offender has been pardoned or acquitted of
the offence concerned or if the conviction
has been quashed is guilty of a summary
30 offence and liable to level 8 imprisonment
(1 year maximum) or a level 8 fine
(120 penalty units maximum).
464ZGK. Disclosure of information
(1) A person who--
35 (a) has access to any information stored on
the DNA database system or to any
other information revealed by a
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forensic procedure carried out on a
suspect, offender or volunteer; and
(b) intentionally or recklessly causes the
disclosure of information other than as
5 provided by this section--
is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a
level 8 fine (120 penalty units maximum).
(2) A person may only disclose information
10 stored on the DNA database system for one
or more of the following purposes--
(a) forensic comparison in the course of a
criminal investigation by a member of
the police force or any other person
15 authorised in writing by the Chief
Commissioner of Police;
(b) making the information available, in
accordance with the regulations, to the
person to whom the information relates;
20 (c) administering the DNA database
system;
(d) in accordance with any arrangement
entered into between Victoria and the
Commonwealth, another State or a
25 Territory for the provision of access to
information contained in the DNA
database system by law enforcement
officers or by any other persons
authorised in writing by the Chief
30 Commissioner of Police;
(e) in accordance with the Mutual
Assistance in Criminal Matters Act
1987 of the Commonwealth or the
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Extradition Act 1988 of the
Commonwealth;
(f) a coronial investigation or inquest;
(g) an investigation of a complaint by--
5 (i) the Privacy Commissioner
appointed under the Information
Privacy Act 2000; or
(ii) the Health Services Commissioner
within the meaning of the Health
10 Records Act 2001 for the
purposes of that Act; or
(iii) the Ombudsman appointed under
the Ombudsman Act 1973.
(3) A person may only disclose information
15 revealed by the carrying out of a forensic
procedure as follows--
(a) if the person is the suspect, offender or
volunteer to whom the information
relates;
20 (b) if the information is already publicly
available;
(c) in accordance with any other provision
of this Subdivision;
(d) in accordance with the Mutual
25 Assistance in Criminal Matters Act
1987 of the Commonwealth or the
Extradition Act 1988 of the
Commonwealth;
(e) for the purposes of the investigation of
30 an offence or offences generally;
(f) for the purpose of a decision whether to
institute proceedings for an offence;
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(g) for the purpose of proceedings for an
offence;
(h) for the purpose of a coronial
investigation or inquest;
5 (i) for the purpose of civil proceedings
(including disciplinary proceedings)
that relate to the way in which the
procedure is carried out;
(j) for the purpose of the suspect's,
10 offender's or volunteer's medical
treatment;
(k) for the purpose of the medical treatment
of a person if necessary to prevent or
lessen a serious threat to that person's
15 life or health;
(l) if necessary to prevent or lessen a
serious threat to public health;
(m) if the suspect, offender or volunteer
consents in writing to the disclosure.
20 (4) This section does not apply to information
that cannot be used to discover the identity
of any person.
Inter-jurisdictional enforcement
464ZGL. Registration of orders
25 (1) The Minister may enter into arrangements
with the responsible Ministers of the
participating jurisdictions for the
establishment and maintenance, in one or
more of those jurisdictions, of a register of
30 orders for the carrying out of forensic
procedures made under this Subdivision or
corresponding laws of participating
jurisdictions.
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(2) An order is registered when a copy of the
order (being a copy certified by the person
who made it) is registered in accordance with
the law of the participating jurisdiction in
5 which the register is kept.
(3) An application for registration of an order, or
for cancellation of registration of an order,
may be made by an appropriate authority.
464ZGM. Carrying out of registered orders
10 (1) A person is authorised to carry out the
forensic procedure authorised by an order
that is registered in accordance with an
arrangement referred to in section
464ZGL(1) anywhere in Victoria. The
15 person is authorised to carry out the
procedure in accordance with sections 464Y,
464Z and 464ZA and not otherwise.
(2) A member of the police force, or other
person assisting a member in accordance
20 with this Subdivision or a corresponding law
of a participating jurisdiction, is not
compelled by this Subdivision, or an
arrangement referred to in section
464ZGL(1), to execute an order registered
25 under such an arrangement.
464ZGN. Database information
(1) The Minister may enter into arrangements
with a responsible Minister of a participating
jurisdiction under which--
30 (a) information from the DNA database
system of Victoria that may be relevant
to the investigation of an offence
against the law of the participating
jurisdiction is to be transmitted to the
35 appropriate authority in that jurisdiction
for the purpose of the investigation of,
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or proceedings in respect of, that
offence; and
(b) information from a DNA database
system of the participating jurisdiction
5 that may be relevant to the investigation
of an offence against the law of
Victoria is to be transmitted to the
Chief Commissioner of Police for the
purposes of the investigation of, or
10 proceedings in respect of, that offence.
(2) Information that is transmitted under this
section must not be recorded or maintained
in any database of information that may be
used to discover the identity of a person or to
15 obtain information about an identifiable
person at any time after this Subdivision or a
corresponding law of a participating
jurisdiction requires the forensic material to
which it relates to be destroyed.
20 464ZGO. Taking, retention and use of forensic
material authorised by laws of other
jurisdictions
(1) Subject to section 464ZGM and this section,
nothing in this Subdivision affects the
25 taking, retention or use of forensic material,
or information obtained from forensic
material, if the taking, retention or use of the
material is authorised by or under a
corresponding law of the Commonwealth,
30 another State or a Territory.
(2) Forensic material taken, or information
obtained from it, in accordance with a
corresponding law of the Commonwealth,
another State or a Territory may be retained
35 or used for investigative, evidentiary or
statistical purposes even if its retention or
use would, but for this sub-section, constitute
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16
Act No.
a contravention of a provision of this
Subdivision relating to the carrying out of
forensic procedures.
(3) Forensic material taken, or information
5 obtained from it, in accordance with a law of
the Commonwealth, another State or a
Territory as in force immediately before the
commencement of section 15 of the Crimes
(DNA Database) Act 2001, may be retained
10 or used for investigative, evidentiary or
statistical purposes even if its retention or
use would, but for this sub-section, constitute
a contravention of a provision of this
Subdivision relating to the carrying out of
15 forensic procedures.'.
16. Relevant suspect
(1) In section 464(2) of the Principal Act, in the
definition of "relevant suspect" for "248"
(wherever occurring) substitute "249, 250, 251,
20 317, 317A".
(2) In section 464U(3) of the Principal Act, for "248"
(wherever occurring) substitute "249, 250, 251,
317, 317A".
17. Forensic sample offences
25 (1) In Schedule 8 to the Principal Act--
(a) after item 6 insert--
"6A. The common law offence of false
imprisonment.";
(b) in item 21, for "248" substitute "249, 250
30 or 251";
(c) after item 21 insert--
"Explosive Substances
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21A. An offence against section 317 (offences
connected with explosive substances) of the
Crimes Act 1958.
21B. An offence against section 317A (bomb
5 hoaxes) of the Crimes Act 1958.
Parties to Offence
21C. An offence against section 325(1) (assisting
offender) of the Crimes Act 1958 if the
principal offence was any other forensic sample
10 offence.".
(2) In Schedule 8 to the Principal Act--
(a) in item 22, after "71" insert "of the Drugs,
Poisons and Controlled Substances Act
1981";
15 (b) in item 23, after "71AA" insert "of the
Drugs, Poisons and Controlled Substances
Act 1981";
(c) in item 24, after "71AB" insert "of the
Drugs, Poisons and Controlled Substances
20 Act 1981";
(d) in item 25, after "71AC" insert "of the
Drugs, Poisons and Controlled Substances
Act 1981";
(e) in item 26, after "72" insert "of the Drugs,
25 Poisons and Controlled Substances Act
1981";
(f) in item 27, after "72A" insert "of the Drugs,
Poisons and Controlled Substances Act
1981";
30 (g) in item 28, after "72B" insert "of the Drugs,
Poisons and Controlled Substances Act
1981".
18. New section 596 inserted
At the end of Part 7 of the Principal Act insert--
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"596. Transitional provisions--Crimes (DNA
Database) Act 2001
(1) The amendments of section 464Z of this Act
made by section 7 of the Crimes (DNA
5 Database) Act 2001 apply to the taking of a
scraping of the mouth on or after the
commencement of section 7 of that Act.
(2) The amendment of section 464ZFB of this
Act made by section 12 of the Crimes (DNA
10 Database) Act 2001 applies to a person
found guilty of an offence on or after the
commencement of section 12 of that Act.
(3) The amendment of this Act made by
section 15 of the Crimes (DNA Database)
15 Act 2001 applies to any offence or suspected
offence, irrespective of when the offence is
alleged to have been committed.
(4) The amendments of this Act made by
section 16 of the Crimes (DNA Database)
20 Act 2001 only apply to offences alleged to
have been committed on or after the
commencement of section 16 of that Act.
(5) The amendments of this Act made by
section 17(1) of the Crimes (DNA
25 Database) Act 2001 only apply to offences
alleged to have been committed on or after
the commencement of section 17(1) of that
Act.
(6) For the purposes of sub-sections (4) and (5),
30 if an offence is alleged to have been
committed between two dates, one before
and one after the commencement of
section 16 or 17(1) (as the case requires) of
the Crimes (DNA Database) Act 2001, the
35 offence is alleged to have been committed
before that commencement.".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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