CRIMES ACT 1958 - SECT 464ZGFA Voluntary samples given by police or VIFM personnel

CRIMES ACT 1958 - SECT 464ZGFA

    (1)     In this section—

"Institute" means the Victorian Institute of Forensic Medicine established under the Victorian Institute of Forensic Medicine Act 1985 ;

"relevant agency" means—

        (a)     Victoria Police; or

        (b)     the Institute.

    (2)     Any of the following persons may volunteer to give to a relevant agency a sample of material from which a DNA profile may be derived—

S. 464ZGFA

(2)(a) substituted by No. 37/2014 s. 10(Sch. item 36.38(a)).

        (a)     a member of Victoria Police personnel;

        (b)     the Director of the Institute or an employee of the Institute (whether employed under the Victorian Institute of Forensic Medicine Act 1985 or the Public Administration Act 2004 );

        (c)     a visitor to—

              (i)     any premises at which the Victoria Police Forensic Services Department performs functions; or

              (ii)     any premises at which the Institute performs any of its functions.

    (3)     A sample may only be given under this section if the relevant agency has provided to the person volunteering to give the sample—

        (a)     a written statement that the sample is to be provided for the purpose of comparing a DNA profile obtained from the sample against any other DNA profile held by the relevant agency to eliminate the person as a possible source of DNA in—

              (i)     the investigation of a crime; or

              (ii)     the investigation of a reportable death within the meaning of the Coroners Act 2008 ; or

              (iii)     in the case of the Institute, testing conducted by the Institute in the performance of its objects and functions; and

        (b)     a written statement of the requirements of section 464ZGFB(3) and (5).

    (4)     A sample given under this section may be used only for the purpose referred to in subsection (3)(a).

    (5)     Evidence of a sample given by a person under this section and any DNA profile obtained from the sample is inadmissible as evidence against the person, unless the person consents to the admission of the evidence, in—

        (a)     any proceeding, whether civil or criminal; or

S. 464ZGFA

(5)(b) amended by No. 37/2014 s. 10(Sch. item 36.38(b)(i)).

        (b)     a proceeding arising out of, or connected with, an investigation under Division 6 of Part 4, Part 5, Part 7, Part 9 or Part 10 of the Victoria Police Act 2013 in respect of the person; or

S. 464ZGFA

(5)(c) amended by No. 37/2014 s. 10(Sch. item 36.38(b)(ii)).

        (c)     a proceeding arising out of, or connected with, a critical incident (within the meaning of section 82 of the Victoria Police Act 2013 ).

    (6)     In subsection (5) a "proceeding" includes a coronial inquest or inquiry.

    (7)     A sample given under this section and any DNA profile obtained from the sample may not be released to any person outside the relevant agency unless the person who gave the sample consents to the release.

    (8)     A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from, a sample given under this section, any DNA profile obtained from the sample or any related information, other than in accordance with this section.

Penalty:     level 8 imprisonment (1 year maximum).

    (9)     An offence against subsection (8) is a summary offence.

    (10)     This section does not affect any other power to require a person referred to in subsection (2) to provide a sample or to undergo a forensic procedure.

S. 464ZGFB inserted by No. 72/2013 s. 15.