Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Investigation (Identifying People)
Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. "Reasonably suspects", meaning of 6
5. Public officers may be authorised to exercise powers 6
6. Officer's duty to identify himself or herself 7
7. Non-consent to be assumed in some cases 7
8. DNA profile, procedure for obtaining 7
9. When a charge is finalised without a finding of guilt 8
Part 2 -- General
10 . Application of this Act 9
11 . Assistance when exercising powers 9
12 . Use of force when exercising powers 10
13 . Applying for warrants 10
Part 3 -- Personal details of people
14 . Officer may ask for name, address, etc. 13
Part 4 -- Identifying particulars of
uninvolved and deceased people
Division 1 -- Preliminary
15 . Interpretation 15
Division 2 -- Volunteers
16 . Volunteer for an identifying procedure to be informed 15
page i
46--1B
Criminal Investigation (Identifying People) Bill 2000
Contents
17 . Volunteer may consent 17
Division 3 -- Protected people
18 . IP warrant (uninvolved person), application for 18
19 . IP warrant (uninvolved person), issue and effect of 19
Division 4 -- Deceased people
20 . Deceased people, identifying particulars of 21
Division 5 -- Officers and others
21 . Officers and others, identifying particulars of 22
Part 5 -- Identifying particulars of involved
people
22 . Interpretation 23
23 . Identifying procedure, request to adult to undergo 23
24 . Identifying procedure, request for child to undergo 24
25 . Request and giving of information to be recorded 25
26 . Identifying procedure, when may be done 26
27 . Consent may be withdrawn 26
28 . IP warrant (involved person), officer may apply for 27
29 . IP warrant (involved person), application for 27
30 . IP warrant (involved person), issue and effect of 28
Part 6 -- Identifying particulars of
uncharged suspects
31 . Interpretation 30
32 . Identifying procedure, purpose of 30
33 . Identifying procedures, doing of 30
34 . Identifying procedure, request to adult to undergo 31
35 . Identifying procedure, request for child to undergo 32
36 . Request and giving of information to be recorded 33
37 . Identifying procedure, when may be done 33
38 . Consent may be withdrawn 34
39 . Approval or IP warrant (suspect), officer may apply
for 34
40 . Non-intimate identifying procedure on adult,
application to senior officer for approval 35
41 . Non-intimate identifying procedure on adult, senior
officer may approve 35
42 . IP warrant (suspect), application for 36
page ii
Criminal Investigation (Identifying People) Bill 2000
Contents
43 . IP warrant (suspect), issue and effect of 37
Part 7 -- Identifying particulars of charged
suspects
44 . Interpretation 39
45 . Identifying particulars may be taken 39
Part 8 -- Identifying information of
prescribed prisoners
46 . Prescribed prisoners may be ordered to undergo
identifying procedure 41
Part 9 -- Doing identifying procedures
47 . Interpretation 43
48 . Application of this Part 43
49 . General requirements 43
50 . People doing procedures, sex of 44
51 . Who may do an identifying procedure 45
52. Personal details may be obtained as well 46
53 . Samples etc., how to be taken 46
54 . Procedures may be repeated 47
55 . People not obliged to do procedures 47
Part 10 -- Use and destruction of identifying
information
56 . Interpretation 48
57 . Volunteers, identifying information of 49
58 . Uninvolved protected person, identifying information
of 50
59 . Deceased people, identifying information of 50
60 . Officers and others, identifying information of 51
61 . Involved people, identifying information of 51
62 . Uncharged suspects, identifying information of 52
63 . Charged suspects, identifying information of 53
64 . Prescribed prisoners, identifying information of 54
65 . Results of matched information to be made available
to suspects 55
66 . Destruction of identifying information, request for 55
67 . Destroying identifying information 56
page iii
Criminal Investigation (Identifying People) Bill 2000
Contents
68 . Destroying identifying information, responsibility for 56
69 . Supreme Court may order information not to be
destroyed 56
70 . Disclosure of identifying information 57
71 . Illegal identifying information, improper use of 58
72 . Legal identifying information, improper use of 59
Part 11 -- DNA databases
73 . Interpretation 61
74 . DNA database indexes, permitted comparisons with 64
75 . Database managers, duties of 65
76 . DNA databases, operators to be authorised 66
Part 12 -- Admissibility of evidence
77 . Evidence of refusal of consent etc. 67
78 . Evidence of conduct of procedure 67
79 . Evidence obtained illegally 68
80 . Evidence kept illegally 68
81 . Evidence from illegal use of information 69
Part 13 -- Enforcement elsewhere in
Australia
82 . Interpretation 70
83 . Corresponding laws etc., prescription of 70
84 . Forensic orders, registration of 71
85 . Forensic orders registered in WA may be executed in
WA 71
86 . Arrangements for sharing information 72
Part 14 -- Miscellaneous
87 . Legal protection for people acting under this Act 73
88 . Inadmissible evidence, court may admit 73
89 . Regulations 74
90 . Review of Act 74
Part 15 -- Temporary provisions
91 . People in custody and others, identifying particulars
may be taken from (Sch 1) 75
92 . Consequential amendments (Sch 2) 75
page iv
Criminal Investigation (Identifying People) Bill 2000
Contents
Schedule 1 -- Obtaining and using
identifying particulars of people in custody
and others
1. Interpretation 76
2. Identifying procedures, doing of 76
3. Prisoners on remand 76
4. Serious offenders 77
5. Ministry of Justice CEO to assist WA Police 79
6. Destroying identifying information 79
Schedule 2 -- Consequential amendments
1. Bail Act 1982 80
2. Conservation and Land Management Act 1984 80
3. Court Security and Custodial Services Act 1999 81
4. The Criminal Code 81
5. Parks and Reserves Act 1895 82
6. Police Act 1892 82
7. Waterways Conservation Act 1976 82
8. Wildlife Conservation Act 1950 83
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Investigation (Identifying People)
Bill 2000
A Bill for
An Act --
· to enable personal details and identifying particulars of people to
be obtained by police and other officers for forensic purposes;
and
· for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Investigation (Identifying People) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Investigation (Identifying
People) Act 2000.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Interpretation
10 (1) In this Act, unless the contrary intention appears --
"adult" means a person who has reached 18 years of age and in
respect of whom there are no reasonable grounds to suspect
that he or she is an incapable person;
"child" means a person who is under 18 years of age and in
15 respect of whom there are no reasonable grounds to suspect
that he or she is an incapable person;
"corresponding law" has the meaning given by section 82;
"DNA database" has the meaning given by section 73;
"forensic database" has the meaning given by section 56;
20 "forensic purpose" means --
(a) investigating an offence or a suspected offence or
offences generally;
(b) investigating the death of a person or identifying a
deceased person; or
25 (c) investigating the whereabouts of or identifying a
missing person;
page 2
Criminal Investigation (Identifying People) Bill 2000
Preliminary Part 1
s. 3
"identifying feature", in relation to a person, means a
permanent or semi-permanent physical feature of the
person that helps to identify the person;
For example: the face of a person or a birthmark, scar or
5 tattoo on a person.
"identifying particular" has the meaning given by section
10(1), 15, 22, 31, 44 or 46(1) or Schedule 1 clause 1, as the
case requires;
"identifying procedure" means a procedure in the course of
10 which --
(a) one or more identifying particulars of a person are
obtained from the person; and
(b) if practicable, the person's personal details are
obtained;
15 "impression" includes a cast;
"incapable person" means a person of any age --
(a) who is unable by reason of a mental disability (which
term includes intellectual disability, a psychiatric
condition, an acquired brain injury and dementia) to
20 understand the general nature and effect of and the
reason for and the consequences of undergoing an
identifying procedure; or
(b) who is unconscious or otherwise unable to
understand a request made or information given
25 under this Act or to communicate whether or not he
or she consents to an identifying procedure being
done on him or her;
"intimate identifying procedure", in relation to a person,
means --
30 (a) an identifying procedure that is done on the person's
private parts;
(b) the taking of a dental impression of the person; or
(c) the taking of a sample of the person's blood;
page 3
Criminal Investigation (Identifying People) Bill 2000
Part 1 Preliminary
s. 3
"IP warrant (involved person)" means a warrant issued under
section 30;
"IP warrant (suspect)" means a warrant issued under
section 43;
5 "IP warrant (uninvolved person)" means a warrant issued
under section 19;
"JP" stands for Justice of the Peace;
"non-intimate identifying procedure", in relation to a person,
means an identifying procedure that is done on the person,
10 other than on his or her private parts, and includes the
taking of a buccal swab from the person;
"offence" means an offence under a written law but does not
include a contempt of court;
"officer" means a police officer or a public officer or both, as
15 the case requires;
"official details" means --
(a) in respect of a police officer -- the officer's surname,
rank and registered number;
(b) in respect of a public officer -- the officer's full
20 name and official title;
"participating jurisdiction" has the meaning given by
section 82;
"personal details", in relation to a person, has the meaning
given by section 14(1);
25 "photograph" includes a video recording and a digital image;
"police officer" means a person appointed under Part I of the
Police Act 1892 to be a member of the Police Force of
Western Australia;
"private parts", in relation to a person, means the person's
30 genital area, anal area, buttocks and, in the case of --
(a) a female; or
page 4
Criminal Investigation (Identifying People) Bill 2000
Preliminary Part 1
s. 3
(b) a male undergoing a reassignment procedure within
the meaning of the Gender Reassignment Act 2000,
breasts;
"protected person" means a person who is a child or an
5 incapable person;
"Public Advocate" has the meaning given by the Guardianship
and Administration Act 1990;
"public officer" means a person, other than a police officer,
appointed under a written law to an office that is prescribed
10 under section 5(1);
"reasonably suspects" has the meaning given by section 4;
"remote communication" means any way of communicating at
a distance including by telephone, fax, email and radio;
"responsible person", in relation to a child, means --
15 (a) a parent of the child;
(b) a guardian of the child; or
(c) another person who has responsibility for the day-to-
day care of the child;
"senior officer" means --
20 (a) a police officer who is, or is acting as, a sergeant or
an officer of a rank more senior than a sergeant;
(b) a public officer who is prescribed by the regulations
to be a senior officer for the purpose of this Act;
"statutory penalty", in relation to an offence, means the
25 penalty specified by a written law for the offence;
"WA Police" means the Police Force of Western Australia
provided for by the Police Act 1892.
(2) For the purposes of this Act a person is charged with an offence
when the officer investigating the offence --
30 (a) informs the person that he or she will be charged with
the offence, whether or not at that time the officer has
made or sworn a complaint in respect of the offence; or
page 5
Criminal Investigation (Identifying People) Bill 2000
Part 1 Preliminary
s. 4
(b) makes or swears a complaint in respect of the offence,
whichever happens first.
(3) Examples prefaced by "For example:" and notes in this Act do
not form part of it and are provided to assist understanding.
5 4. "Reasonably suspects", meaning of
For the purposes of this Act, a person reasonably suspects
something at a relevant time if he or she, acting in good faith,
personally has grounds at the time for suspecting the thing and
those grounds (even if they are subsequently found to be false or
10 non-existent), when judged objectively, are reasonable.
5. Public officers may be authorised to exercise powers
(1) For the purposes of this Act and in particular the definition of
"public officer" in section 3, another Act or the regulations
made under this Act may --
15 (a) prescribe an office to which people are appointed under
a written law for a public purpose and a function of
which is the investigation of offences; and
(b) in respect of that office, specify those of the powers in
this Act that a holder of that office may exercise, being
20 powers that this Act provides may be exercised by a
public officer.
(2) A public officer may only exercise a power under this Act in
relation to an offence if --
(a) the office held by the public officer has been prescribed
25 under subsection (1)(a);
(b) the power is one that has been specified under
subsection (1)(b) as one that the officer may exercise;
and
(c) the offence is one that the officer, by virtue of being
30 such an officer, is authorised to investigate or prosecute.
page 6
Criminal Investigation (Identifying People) Bill 2000
Preliminary Part 1
s. 6
6. Officer's duty to identify himself or herself
(1) If under this Act an officer is required to identify himself or
herself to a person the officer must --
(a) if the officer is a police officer --
5 (i) give the person the officer's official details; and
(ii) if the officer is not in uniform, show the person
evidence that the officer is a police officer;
(b) if the officer is a public officer --
(i) give the person the officer's official details; and
10 (ii) show the person evidence that the officer is a
public officer.
(2) If an officer cannot comply with subsection (1)(a)(ii) or
(1)(b)(ii) immediately, the officer must comply with it as soon
as practicable.
15 7. Non-consent to be assumed in some cases
A person who, having been requested under this Act to undergo
an identifying procedure --
(a) does not reply; or
(b) having consented to it resists the carrying out of it,
20 is to be taken to have not consented to undergoing it.
8. DNA profile, procedure for obtaining
(1) Material from which to obtain the DNA profile of a person may
be obtained by doing one or, subject to section 54, more than
one of the following procedures in the following order --
25 (a) by doing one or both of these non-intimate identifying
procedures --
(i) taking a buccal swab from the person;
(ii) taking a sample of the person's hair (including
the roots), other than pubic hair;
page 7
Criminal Investigation (Identifying People) Bill 2000
Part 1 Preliminary
s. 9
(b) by doing one or both of these intimate identifying
procedures --
(i) taking a sample of the person's blood;
(ii) taking a sample of the person's pubic hair
5 (including the roots).
(2) A person must not use a procedure in subsection (1) to obtain
material from a person unless it is impracticable to use a
procedure listed before that procedure.
9. When a charge is finalised without a finding of guilt
10 For the purposes of this Act, a charge is finalised without a
finding of guilt if --
(a) the charge is withdrawn;
(b) the charge is dismissed without a finding as to whether
the person charged is guilty or not guilty; or
15 (c) the person charged is found not guilty of the charge and
is not found guilty of any other offence of which the
person could have been found guilty as a result of the
charge and --
(i) no appeal is commenced against the finding; or
20 (ii) an appeal is commenced against the finding and
the appeal is withdrawn or the finding is
confirmed.
page 8
Criminal Investigation (Identifying People) Bill 2000
General Part 2
s. 10
Part 2 -- General
10. Application of this Act
(1) In this section --
"identifying particular", in relation to a person, means --
5 (a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) an impression of an identifying feature of the person
10 (including a dental impression);
(d) a sample of the person's hair for purposes other than
obtaining the person's DNA profile;
(e) the person's DNA profile;
"law enforcement officer" means a police officer or a person
15 appointed under a written law for a public purpose.
(2) This Act does not apply --
(a) to a person who, not being a law enforcement officer
acting in the course of duty, obtains an identifying
particular from, or a personal detail of, another person;
20 or
(b) to an identifying particular, or a personal detail, obtained
by such a person.
(3) This Act does not apply to or in respect of an identifying
particular, or a personal detail, obtained in accordance with
25 another written law.
11. Assistance when exercising powers
(1) A person who may exercise a power in this Act may authorise
as many other persons to assist in exercising the power as are
reasonably necessary in the circumstances.
page 9
Criminal Investigation (Identifying People) Bill 2000
Part 2 General
s. 12
(2) A person so authorised may exercise the power or assist the
other in exercising the power, as the case requires.
(3) Whether authorised to do so or not, a person may assist another
person in exercising a power in this Act if the person believes,
5 on reasonable grounds that the other person --
(a) is lawfully entitled to exercise the power; and
(b) needs assistance for the purpose of doing so.
(4) A person who under subsection (2) or (3) may exercise a power,
or assist in exercising a power, must obey any lawful and
10 reasonable directions of the person who gave the authorisation
or who is being assisted.
12. Use of force when exercising powers
When exercising a power in this Act, a person may use any
force that is reasonably necessary in the circumstances --
15 (a) to exercise the power; and
(b) to overcome any resistance to exercising the power that
is offered, or that the person exercising the power
reasonably suspects will be offered, by any person.
13. Applying for warrants
20 (1) In this section --
"judicial officer" means a JP or a magistrate, as the case
requires.
(2) This section applies to and in respect of an application to a
judicial officer for a warrant if another section of this Act
25 requires the application to be made under this section.
(3) The application must be made in writing in the prescribed form.
(4) The application must be made, and any information in support
of it must be given, on oath.
page 10
Criminal Investigation (Identifying People) Bill 2000
General Part 2
s. 13
(5) The application must be made in person before the judicial
officer unless --
(a) the warrant is needed urgently; and
(b) the applicant reasonably suspects that a judicial officer
5 is not known to be available within a reasonable
distance of the applicant,
in which case it may be made to a judicial officer by remote
communication.
(6) If an application for a warrant is not made in person before a
10 judicial officer --
(a) the applicant must prepare a written application and if
practicable send it to the judicial officer;
(b) if it is not practicable to send the written application to
the judicial officer, the applicant may make the
15 application orally;
(c) if it is not practicable to make the application on oath, it
may be made in an unsworn form;
(d) the applicant may send the judicial officer information
in support of the application in an unsworn form;
20 (e) the judicial officer must not grant the application unless
satisfied there are grounds under subsection (5) for the
application not to be made in person.
(7) If an application is made orally to a judicial officer, the judicial
officer must complete the prescribed form of application.
25 (8) If information in support of an application is given orally to a
judicial officer, the judicial officer must make a record of it.
(9) If --
(a) an applicant makes an unsworn application or sends a
judicial officer unsworn information; and
page 11
Criminal Investigation (Identifying People) Bill 2000
Part 2 General
s. 13
(b) the judicial officer issues a warrant,
the applicant must send the judicial officer an affidavit
containing all that information as soon as practicable after the
warrant is issued.
5 (10) If an application is not made in person before a judicial officer
and the judicial officer issues the warrant, then --
(a) if it is reasonably practical to send a copy of the warrant
to the applicant by remote communication, the judicial
officer must immediately do so;
10 (b) if it is not reasonably practical to so send the warrant --
(i) the judicial officer must immediately give the
applicant by remote communication any
information that is required to be set out in it;
(ii) the applicant must complete a form of the
15 warrant with the information given by the
judicial officer;
(iii) the applicant must give the judicial officer a copy
of the completed form as soon as practicable
after the warrant is issued; and
20 (iv) the judicial officer must attach the copy of the
completed form to the original warrant issued by
the judicial officer and any affidavit received
from the applicant in support of the application
and make them available for collection by the
25 applicant.
(11) If a copy of a warrant is received by remote communication
under subsection (10)(a) or a form of warrant is completed in
accordance with subsection (10)(b)(ii) it has the same effect as
the original warrant issued by the judicial officer.
30 (12) If an applicant contravenes subsection (9) or (10) any evidence
obtained under the warrant is not admissible in proceedings in a
court unless the court decides otherwise under section 88.
page 12
Criminal Investigation (Identifying People) Bill 2000
Personal details of people Part 3
s. 14
Part 3 -- Personal details of people
14. Officer may ask for name, address, etc.
(1) In this section --
"personal details", in relation to a person, means --
5 (a) the person's full name;
(b) the person's date of birth;
(c) the address of where the person is living;
(d) the address of where the person usually lives.
(2) If an officer reasonably suspects that a person whose personal
10 details are unknown to the officer --
(a) has committed or is committing or is about to commit an
offence; or
(b) may be able to assist in the investigation of an offence
or a suspected offence,
15 the officer may request the person to give the officer any or all
of the person's personal details.
(3) If an officer reasonably suspects that a personal detail given by
a person in response to a request is false, the officer may request
the person to produce evidence of the correctness of the detail.
20 (4) A person to whom a request is made under subsection (2) or (3)
may request the officer making the request to identify himself or
herself.
(5) An officer who is requested by a person to identify himself or
herself must do so.
25 (6) A person who, without reasonable excuse, does not comply with
a request made under subsection (2) or (3) commits an offence.
Penalty: Imprisonment for 12 months.
(7) For the purposes of subsection (6) the fact that an officer did not
comply with subsection (5) as soon as practicable is a
30 reasonable excuse.
page 13
Criminal Investigation (Identifying People) Bill 2000
Part 3 Personal details of people
s. 14
(8) A person who in response to a request made under subsection
(2) gives any false personal details commits an offence.
Penalty: Imprisonment for 12 months.
(9) A person who in response to a request made under subsection
5 (3) produces any false evidence commits an offence.
Penalty: Imprisonment for 12 months.
page 14
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uninvolved and deceased people Part 4
Preliminary Division 1
s. 15
Part 4 -- Identifying particulars of uninvolved and
deceased people
Division 1 -- Preliminary
15. Interpretation
5 In this Part --
"identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
10 identifying feature of the person);
(c) an impression of an identifying feature of the person
(including a dental impression);
(d) a sample of the person's hair for purposes other than
obtaining the person's DNA profile;
15 (e) the person's DNA profile.
Division 2 -- Volunteers
16. Volunteer for an identifying procedure to be informed
(1) If --
(a) in the case of a person who is an adult, the person
20 volunteers to a police officer to undergo an identifying
procedure for or in connection with a forensic purpose;
or
(b) in the case of a person who is a child --
(i) the child is willing to undergo an identifying
25 procedure for or in connection with a forensic
purpose; and
page 15
Criminal Investigation (Identifying People) Bill 2000
Part 4 Identifying particulars of uninvolved and deceased people
Division 2 Volunteers
s. 16
(ii) a responsible person wants the child to undergo
the procedure and informs a police officer of that
fact,
the officer must inform the person (the "volunteer") and, if the
5 case requires, the responsible person, in accordance with
subsection (2).
(2) The volunteer and, if the case requires, the responsible person,
must be informed of these matters --
(a) which identifying particulars of the volunteer are sought
10 to be obtained by means of the identifying procedure;
(b) how the procedure will be carried out;
(c) that subject to his or her decision, the volunteer's
identifying information may be compared with or put in
a forensic database;
15 (d) that the procedure may provide evidence that could be
used in court against the volunteer;
(e) that he or she may decide whether --
(i) to limit the forensic purposes for which the
volunteer's identifying information (as defined in
20 section 56) may be used; or
(ii) to allow the identifying information to be used
for unlimited forensic purposes;
(f) that he or she may decide whether the identifying
information can be kept by the WA Police --
25 (i) for a limited period; or
(ii) indefinitely;
(g) that the volunteer is not obliged to undergo the
procedure;
(h) that he or she may get legal advice before deciding
30 whether or not to consent to the procedure; and
(i) any matter prescribed by the regulations.
(3) The information in subsection (2) may be provided in writing.
page 16
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uninvolved and deceased people Part 4
Volunteers Division 2
s. 17
17. Volunteer may consent
(1) If section 16(2) has been complied with --
(a) a volunteer who is an adult --
(i) may consent to the identifying procedure that he
5 or she was informed about; and
(ii) if he or she consents, must decide the matters in
paragraphs (e) and (f) of section 16(2);
(b) a responsible person --
(i) may consent to a child undergoing the
10 identifying procedure that the responsible person
was informed about; and
(ii) if he or she consents, must decide the matters in
paragraphs (e) and (f) of section 16(2).
(2) The consent and decisions of a person must be recorded in
15 writing on a form prescribed by the regulations and signed by
the person in the presence of a police officer.
(3) A copy of the person's signed form must be given to the person.
(4) When the consent of a person has been given and recorded in
accordance with this section, the identifying procedure may be
20 done on the volunteer unless, before it is completed --
(a) if the volunteer is an adult, the volunteer withdraws his
or her consent; or
(b) if the volunteer is a child --
(i) the volunteer objects to or resists the carrying out
25 of the procedure; or
(ii) the responsible person withdraws his or her
consent to the volunteer undergoing the
procedure.
(5) If under this section an identifying procedure may be done on a
30 person, it must be done in accordance with Part 9.
page 17
Criminal Investigation (Identifying People) Bill 2000
Part 4 Identifying particulars of uninvolved and deceased people
Division 3 Protected people
s. 18
(6) If an identifying procedure has been done under this Division on
an adult, the adult may subsequently change his or her decision
on the matters in paragraphs (e) and (f) of section 16(2) by
notifying the Commissioner of Police.
5 (7) If an identifying procedure has been done under this Division on
a child, a responsible person, or the child if he or she has
reached the age of 18 years, may subsequently change the
decision on the matters in paragraphs (e) and (f) of section 16(2)
by notifying the Commissioner of Police.
10 Division 3 -- Protected people
18. IP warrant (uninvolved person), application for
(1) Only a police officer may apply for an IP warrant (uninvolved
person).
(2) An application for an IP warrant (uninvolved person) must be
15 made to a magistrate in accordance with section 13.
(3) An application for an IP warrant (uninvolved person) must --
(a) name the protected person in respect of whom the
warrant is wanted;
(b) state that the protected person is neither a suspect for an
20 offence, nor an involved person for the purposes of
Part 5;
(c) specify the identifying particular that is sought and the
non-intimate identifying procedure by means of which it
is to be obtained;
25 (d) state the reason for seeking the identifying particular;
and
(e) comply with subsection (4) if necessary.
(4) An application for an IP warrant (uninvolved person) in respect
of a child must also state the applicant's grounds for
30 suspecting --
(a) that the child is willing to undergo the non-intimate
identifying procedure;
page 18
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uninvolved and deceased people Part 4
Protected people Division 3
s. 19
(b) that the child is sufficiently mature and capable of
understanding the general nature and effect of and the
reason for and the consequences of undergoing the
procedure; and
5 (c) either that it is not reasonably practicable to obtain a
responsible person's consent to the child undergoing the
procedure or --
(i) that a responsible person has refused to, or will
not, or has withdrawn, consent to the child
10 undergoing the procedure;
(ii) that the responsible person is a suspect in relation
to an offence the statutory penalty for which is or
includes imprisonment; and
(iii) that the procedure will afford evidence of
15 whether or not the responsible person committed
the offence.
19. IP warrant (uninvolved person), issue and effect of
(1) On an application made under section 18 a magistrate may issue
an IP warrant (uninvolved person) if he or she is satisfied --
20 (a) that the identifying particular is needed for or in
connection with a forensic purpose;
(b) that the protected person to whom it relates is neither a
suspect for an offence, nor an involved person for the
purposes of Part 5;
25 (c) in the case of a child, that in respect of the matters in
section 18(4) on which the applicant is required to have
a reasonable suspicion there are reasonable grounds for
the applicant to have that suspicion; and
(d) that the interests of justice justify obtaining the
30 identifying particular specified in the application.
page 19
Criminal Investigation (Identifying People) Bill 2000
Part 4 Identifying particulars of uninvolved and deceased people
Division 3 Protected people
s. 19
(2) In determining whether to make and if so the terms of an IP
warrant (uninvolved person) the magistrate is to take into
account --
(a) if the procedure is to be done for the purpose of
5 obtaining information in connection with the
investigation of an offence, the seriousness of the
offence;
(b) in the case of a child, the maturity of the child and his or
her capacity to make decisions and whether he or she is
10 willing to undergo the procedure; and
(c) the best interests of the protected person.
(3) For the purposes of this section a magistrate may inform himself
or herself in any way he or she thinks fit.
(4) In the case of an application for an IP warrant (uninvolved
15 person) in respect of an incapable person, the magistrate may,
on his or her own initiative --
(a) give a copy of the application to the Public Advocate;
(b) seek information or submissions from the Public
Advocate; or
20 (c) if the warrant is issued, give a copy of it to the Public
Advocate,
and may use remote communication to do so.
(5) An IP warrant (uninvolved person) must contain this
information --
25 (a) the official details of the applicant;
(b) the name of the protected person to whom it relates;
(c) the identifying particular to be obtained and the
identifying procedure by means of which it is to be
obtained;
page 20
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uninvolved and deceased people Part 4
Deceased people Division 4
s. 20
(d) either --
(i) the limited forensic purposes for or in connection
with which the protected person's identifying
information (as defined in section 56) may be
5 used; or
(ii) a statement that the information may be used for
or in connection with any forensic purpose;
(e) the period (including indefinitely) for which that
identifying information can be kept by the WA Police
10 before it must be destroyed;
(f) whether that identifying information may be put in a
forensic database;
(g) the period, not exceeding 14 days, during which it may
be executed;
15 (h) the name of the magistrate who issued it; and
(i) the date and time when it was issued.
(6) An IP warrant (uninvolved person) authorises the doing of the
non-intimate identifying procedure on the protected person
unless, before it is completed, the protected person objects to or
20 resists the carrying out of the procedure.
(7) If under an IP warrant (uninvolved person) an identifying
procedure may be done on a person, it must be done in
accordance with Part 9.
Division 4 -- Deceased people
25 20. Deceased people, identifying particulars of
(1) The State Coroner may authorise the taking of identifying
particulars from deceased people, whether or not their deaths
are reportable deaths within the meaning of the Coroners
Act 1996, for or in connection with forensic purposes.
page 21
Criminal Investigation (Identifying People) Bill 2000
Part 4 Identifying particulars of uninvolved and deceased people
Division 5 Officers and others
s. 21
(2) An authorisation given under subsection (1) may apply --
(a) generally to all deceased people or identifying
particulars;
(b) to a specific class of deceased people or identifying
5 particulars; or
(c) conditionally or unconditionally.
(3) A coroner, on his or her own initiative or on the application of a
person with a proper interest, may --
(a) authorise a person to obtain an identifying particular
10 from a deceased person for or in connection with a
forensic purpose; and
(b) make any orders necessary to enable the identifying
particular to be obtained, including orders relating to the
temporary custody of the body of the deceased person.
15 (4) An authorisation given under this section must be in writing.
(5) If an authorisation is given under this section the person giving
it must give directions for the purpose of section 59.
Division 5 -- Officers and others
21. Officers and others, identifying particulars of
20 (1) The Commissioner of Police may require a person who at the
time is appointed under Part I, III or IIIA of the Police Act 1892
to undergo an identifying procedure for or in connection with
forensic purposes.
(2) The employing authority (as defined in the Public Sector
25 Management Act 1994) of a person who is a public officer and
who is empowered to exercise a power in this Act, other than
the powers in Part 3, may require the person to undergo an
identifying procedure for or in connection with forensic
purposes.
30 (3) The powers in this section may be exercised as often as the
Commissioner or employing authority thinks is necessary.
page 22
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of involved people Part 5
s. 22
Part 5 -- Identifying particulars of involved people
22. Interpretation
In this Part --
"identifying particular", in relation to a person, means --
5 (a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) an impression of an identifying feature of the person
10 (including a dental impression);
(d) a sample of the person's hair for purposes other than
obtaining the person's DNA profile;
(e) the person's DNA profile;
"involved person" means a person who is not a suspect for an
15 offence but who is reasonably suspected to have been the
victim of or to have witnessed the commission of the
offence.
23. Identifying procedure, request to adult to undergo
(1) In this section --
20 "involved person" means an involved person who is an adult.
(2) If an officer reasonably suspects --
(a) that an offence has been committed; and
(b) that an identifying particular of an involved person,
obtainable by means of a non-intimate identifying
25 procedure, will afford evidence of the commission of the
offence or of who committed the offence,
the officer may request the person to consent to undergoing the
non-intimate identifying procedure.
page 23
Criminal Investigation (Identifying People) Bill 2000
Part 5 Identifying particulars of involved people
s. 24
(3) An officer who requests an involved person to consent to an
identifying procedure must at the time inform the person of
these matters --
(a) the offence that is suspected of having been committed
5 and in relation to which the procedure relates;
(b) the purpose of the procedure;
(c) how the procedure will be done;
(d) that information derived from the procedure may be
compared with or put in a forensic database;
10 (e) that if the person should become a suspect for the
offence, evidence provided by the procedure could be
used in a court against the person;
(f) that the person may consent or refuse to consent to the
procedure;
15 (g) that if the person does not consent --
(i) an application may be made for authority to do
the procedure against the person's will; and
(ii) if authority is given the procedure will be done
against the person's will.
20 24. Identifying procedure, request for child to undergo
(1) In this section --
"involved person" means an involved person who is a child.
(2) If an officer reasonably suspects --
(a) that an offence has been committed; and
25 (b) that an identifying particular of an involved person,
obtainable by means of a non-intimate identifying
procedure, will afford evidence of the commission of the
offence or of who committed the offence,
the officer may request a responsible person to consent to the
30 non-intimate identifying procedure being done on the involved
person.
page 24
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of involved people Part 5
s. 25
(3) An officer who requests a responsible person to consent to a
procedure being done on an involved person must at the time
inform the person of these matters --
(a) the offence that is suspected of having been committed
5 and in relation to which the procedure relates;
(b) the purpose of the procedure;
(c) how the procedure will be done;
(d) that information derived from the procedure may be
compared with or put in a forensic database;
10 (e) that if the involved person should become a suspect for
the offence, evidence provided by the procedure could
be used in a court against the involved person;
(f) that the responsible person may consent or refuse to
consent to the procedure being done on the involved
15 person;
(g) that if the responsible person does not consent --
(i) an application may be made for authority to do
the procedure against the responsible person's
will; and
20 (ii) if authority is given the procedure will be done
against the responsible person's will.
25. Request and giving of information to be recorded
(1) An officer who makes a request under section 23 or 24 must
ensure that a record is made of the request, of the information
25 given under the section and of the involved person's or
responsible person's responses (if any).
(2) The record must be an audiovisual record or, if that is not
practicable, in writing.
page 25
Criminal Investigation (Identifying People) Bill 2000
Part 5 Identifying particulars of involved people
s. 26
26. Identifying procedure, when may be done
(1) If --
(a) under section 23 a request is made to an involved person
or under section 24 to a responsible person;
5 (b) the person is informed in accordance with section 23 or
24, as the case requires; and
(c) as the case requires, either --
(i) the involved person who is an adult consents to
the procedure; or
10 (ii) the responsible person consents to the procedure
being done on the involved person who is a
child,
then the non-intimate identifying procedure may be done on the
involved person.
15 (2) If an involved person who is an adult, having been requested
under section 23 to consent to a procedure, does not consent to
the procedure, the procedure may only be done on the involved
person if a magistrate issues an IP warrant (involved person)
that authorises it.
20 (3) If a responsible person, having been requested under section 24
to consent to a procedure being done on an involved person who
is a child, does not consent to the procedure being done, the
procedure may only be done on the involved person if a
magistrate issues an IP warrant (involved person) that authorises
25 it.
27. Consent may be withdrawn
(1) This section applies if section 26(1) provides that a procedure
may be done on an involved person.
(2) The involved person who is an adult and who has consented
30 may withdraw his or her consent to undergoing the procedure at
any time before the procedure has been completed.
page 26
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of involved people Part 5
s. 28
(3) A responsible person who has consented to a procedure being
done on an involved person who is a child may withdraw his or
her consent at any time before the procedure on the involved
person has been completed.
5 (4) If consent is withdrawn under this section, section 26(2) or (3)
applies, as the case requires.
28. IP warrant (involved person), officer may apply for
An officer may apply for an IP warrant (involved person) to do
an identifying procedure on an involved person --
10 (a) if the officer reasonably suspects that if a request were
made under section 23 or 24 the investigation of the
offence concerned would be prejudiced;
(b) if under section 26 an IP warrant (involved person) is
needed in order to do it; or
15 (c) if the involved person is an incapable person.
29. IP warrant (involved person), application for
(1) Only an officer may apply for an IP warrant (involved person).
(2) An application for an IP warrant (involved person) must be
made to a magistrate in accordance with section 13.
20 (3) An application for an IP warrant (involved person) must --
(a) name the person in respect of whom the warrant is
wanted;
(b) state the offence with which the involved person is
suspected to have been involved;
25 (c) state the grounds on which the applicant suspects that
the person is an involved person in respect of the
offence;
(d) specify the identifying particular that is sought and the
non-intimate identifying procedure by means of which it
30 is to be obtained;
page 27
Criminal Investigation (Identifying People) Bill 2000
Part 5 Identifying particulars of involved people
s. 30
(e) state the grounds on which the applicant suspects that
the identifying particular will afford evidence of
whether or not another person committed the offence;
and
5 (f) if the application is made under section 28(a) -- state
the grounds on which the applicant suspects that the
investigation of the offence concerned would be
prejudiced if a request were made under section 23
or 24.
10 30. IP warrant (involved person), issue and effect of
(1) On an application made under section 29 a magistrate may issue
an IP warrant (involved person) if the magistrate is satisfied --
(a) that in respect of the matters in section 29(3) on which
the applicant is required to have a reasonable suspicion
15 there are reasonable grounds for the applicant to have
that suspicion; and
(b) that the interests of justice justify obtaining the
identifying particular specified in the application.
(2) In the case of an application for an IP warrant (involved person)
20 in respect of an incapable person, the magistrate may, on his or
her own initiative --
(a) give a copy of the application to the Public Advocate;
(b) seek information or submissions from the Public
Advocate; or
25 (c) if the warrant is issued, give a copy of it to the Public
Advocate,
and may use remote communication to do so.
(3) An IP warrant (involved person) must contain this
information --
30 (a) the official details of the applicant;
(b) the name of the involved person to whom it relates;
(c) the offence to which it relates;
page 28
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of involved people Part 5
s. 30
(d) the identifying particular to be obtained and the non-
intimate identifying procedure by means of which it is to
be obtained;
(e) the period, not exceeding 14 days, during which it may
5 be executed;
(f) the name of the magistrate who issued it; and
(g) the date and time when it was issued.
(4) An IP warrant (involved person) authorises --
(a) an officer authorised by subsection (5) --
10 (i) to arrest the involved person to whom it relates;
and
(ii) to detain him or her for a reasonable period in
order to do the procedure specified in it;
and
15 (b) the doing of the procedure on the involved person
against his or her will.
(5) The powers in subsection (4)(a) may be exercised by --
(a) if a police officer applied for the warrant, any police
officer; or
20 (b) if a public officer applied for the warrant, any public
officer who has the same functions as the applicant, or
any police officer.
(6) A procedure authorised by an IP warrant (involved person) must
be done in accordance with Part 9.
page 29
Criminal Investigation (Identifying People) Bill 2000
Part 6 Identifying particulars of uncharged suspects
s. 31
Part 6 -- Identifying particulars of uncharged suspects
31. Interpretation
In this Part --
"identifying particular", in relation to a person, means --
5 (a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) an impression of an identifying feature of the person
10 (including a dental impression);
(d) a sample of the person's hair for purposes other than
obtaining the person's DNA profile;
(e) the person's DNA profile;
"serious offence" means an offence the statutory penalty for
15 which is or includes imprisonment;
"suspect" means a person who is reasonably suspected of
having committed a serious offence but who has not been
charged with the offence and it does not matter whether or
not the person is in lawful custody for the offence.
20 32. Identifying procedure, purpose of
An identifying procedure must not be done under this Part on a
suspect except for the purpose of obtaining an identifying
particular of the suspect that is reasonably suspected will afford
evidence of whether or not the suspect committed a serious
25 offence that he or she is reasonably suspected of having
committed.
33. Identifying procedures, doing of
An identifying procedure that under this Part may be done on a
suspect must be done in accordance with Part 9.
page 30
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uncharged suspects Part 6
s. 34
34. Identifying procedure, request to adult to undergo
(1) In this section --
"suspect" means a suspect who is an adult.
(2) If an officer reasonably suspects --
5 (a) that a serious offence has been committed; and
(b) that an identifying particular of a suspect for the offence
will afford evidence of whether or not the suspect
committed the offence,
the officer may request the suspect to consent to an identifying
10 procedure to obtain the identifying particular.
(3) An officer who requests a suspect to consent to an identifying
procedure must at the time inform the suspect of these
matters --
(a) the serious offence that the suspect is suspected of
15 having committed and in relation to which the procedure
relates;
(b) the purpose of the procedure;
(c) how the procedure will be done;
(d) that information derived from the procedure may be
20 compared with or put in a forensic database;
(e) that the procedure may provide evidence that could be
used in a court against the suspect;
(f) that the suspect may consent or refuse to consent to the
procedure;
25 (g) that if the suspect does not consent --
(i) an application may be made for authority to do
the procedure against the suspect's will; and
(ii) if authority is given the procedure may be done
against the suspect's will.
page 31
Criminal Investigation (Identifying People) Bill 2000
Part 6 Identifying particulars of uncharged suspects
s. 35
35. Identifying procedure, request for child to undergo
(1) In this section --
"suspect" means a suspect who is a child.
(2) If an officer reasonably suspects --
5 (a) that an offence has been committed; and
(b) that an identifying particular of a suspect for the offence
will afford evidence of whether or not the suspect
committed the offence,
the officer may request a responsible person to consent to an
10 identifying procedure being done on the suspect to obtain the
identifying particular.
(3) An officer who requests a responsible person to consent to an
identifying procedure being done on a suspect must at the time
inform the person of these matters --
15 (a) the offence that the suspect is suspected of having
committed and in relation to which the procedure
relates;
(b) the purpose of the procedure;
(c) how the procedure will be done;
20 (d) that information derived from the procedure may be
compared with or put in a forensic database;
(e) that the procedure may provide evidence that could be
used in a court against the suspect;
(f) that the responsible person may consent or refuse to
25 consent to the procedure being done on the suspect;
(g) that if the responsible person does not consent --
(i) an application may be made for authority to do
the procedure against the person's will; and
(ii) if authority is given the procedure may be done
30 against the person's will.
(4) The making of a request, and the giving of information, under
this section must be done in the presence of the suspect.
page 32
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uncharged suspects Part 6
s. 36
36. Request and giving of information to be recorded
(1) An officer who makes a request under section 34 or 35 must
ensure that a record is made of the request, of the information
given under the section and of the suspect's or responsible
5 person's responses (if any).
(2) The record must be an audiovisual record or, if that is not
practicable, in writing.
37. Identifying procedure, when may be done
(1) If --
10 (a) under section 34 a request is made to a suspect or under
section 35 to a responsible person;
(b) the suspect or responsible person is informed in
accordance with section 34 or 35, as the case requires;
and
15 (c) as the case requires, either --
(i) the suspect who is an adult consents to the
identifying procedure; or
(ii) the responsible person consents to the identifying
procedure being done on the suspect who is a
20 child,
then the identifying procedure may be done on the suspect.
(2) If a suspect who is an adult, having been --
(a) requested under section 34 to consent to an identifying
procedure; and
25 (b) informed under that section,
does not consent to the procedure, the procedure may only be
done on the suspect if --
(c) in the case of a non-intimate identifying procedure -- a
senior officer approves it under section 41; or
page 33
Criminal Investigation (Identifying People) Bill 2000
Part 6 Identifying particulars of uncharged suspects
s. 38
(d) in the case of an intimate identifying procedure -- a JP
issues an IP warrant (suspect) that authorises it.
(3) If a responsible person, having been --
(a) requested under section 35 to consent to an identifying
5 procedure being done on a suspect who is a child; and
(b) informed under that section,
does not consent to the procedure being done on the suspect, the
procedure may only be done on the suspect if a JP issues an IP
warrant (suspect) that authorises it.
10 38. Consent may be withdrawn
(1) This section applies if section 37(1) provides that an identifying
procedure may be done on a suspect.
(2) The suspect who is an adult and who has consented may
withdraw his or her consent to undergoing the identifying
15 procedure at any time before the procedure has been completed.
(3) A responsible person who has consented to an identifying
procedure being done on a suspect who is a child may withdraw
his or her consent at any time before the procedure on the
suspect has been completed.
20 (4) If consent is withdrawn under this section, section 37(2) or (3)
applies, as the case requires.
39. Approval or IP warrant (suspect), officer may apply for
(1) An officer may apply for the approval of a senior officer to do a
non-intimate identifying procedure on a suspect if under
25 section 37(2) the approval of a senior officer is needed in order
to do it.
(2) An officer may apply for an IP warrant (suspect) to do an
identifying procedure on a suspect --
(a) if the officer reasonably suspects that if a request were
30 made under section 34 or 35 the investigation of the
offence concerned would be prejudiced;
page 34
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uncharged suspects Part 6
s. 40
(b) if under section 37(2) or (3) an IP warrant (suspect) is
needed in order to do it; or
(c) if the suspect is an incapable person.
40. Non-intimate identifying procedure on adult, application to
5 senior officer for approval
(1) In this section --
"suspect" means a suspect who is an adult.
(2) An application for an approval under this section must be made
to another officer who is a senior officer and who is not
10 involved in the investigation of the offence to which the
proposed non-intimate identifying procedure relates.
(3) The application may be made by remote communication.
(4) The application must --
(a) if practicable be in writing;
15 (b) name the suspect to whom it relates;
(c) state the offence that the suspect is suspected of having
committed;
(d) specify the identifying particular that is sought and the
non-intimate identifying procedure by means of which it
20 is to be obtained;
(e) state the grounds on which the applicant suspects --
(i) that the suspect has committed the offence; and
(ii) that the identifying particular sought will afford
evidence of whether or not the suspect
25 committed the offence.
41. Non-intimate identifying procedure on adult, senior officer
may approve
(1) On an application made under section 40 a senior officer may
approve a non-intimate identifying procedure being done on a
30 suspect against the suspect's will.
page 35
Criminal Investigation (Identifying People) Bill 2000
Part 6 Identifying particulars of uncharged suspects
s. 42
(2) A senior officer must not give approval unless he or she is
satisfied --
(a) that the suspect is an adult;
(b) that the suspect has been informed in accordance with
5 section 34;
(c) that in respect of the matters in section 40(4) about
which the applicant is required to have a reasonable
suspicion there are reasonable grounds for the applicant
to have that suspicion; and
10 (d) that the interests of justice justify obtaining the
identifying particular specified in the application.
(3) As soon as practicable after giving approval a senior officer
must make a record of --
(a) the date and time when it was given; and
15 (b) the reasons for giving it.
(4) An approval may be given by remote communication.
(5) An approval given under this section authorises --
(a) an officer --
(i) to arrest the suspect to whom it relates; and
20 (ii) to detain him or her for a reasonable period in
order to do the non-intimate identifying
procedure approved;
and
(b) the doing of the non-intimate identifying procedure on
25 the suspect against his or her will.
42. IP warrant (suspect), application for
(1) Only an officer may apply for an IP warrant (suspect).
(2) An application for an IP warrant (suspect) must be made in
accordance with section 13 --
30 (a) to a JP if the application is in respect of an adult or a
child; or
page 36
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of uncharged suspects Part 6
s. 43
(b) to a magistrate if the application is in respect of an
incapable person.
(3) An application for an IP warrant (suspect) must --
(a) name the suspect in respect of whom the warrant is
5 wanted;
(b) state the offence that the suspect is suspected of having
committed;
(c) specify the identifying particular that is sought;
(d) state the grounds on which the applicant suspects --
10 (i) that the suspect has committed the offence; and
(ii) that the identifying particular sought will afford
evidence of whether or not the suspect
committed the serious offence.
43. IP warrant (suspect), issue and effect of
15 (1) On an application made under section 42 a JP or magistrate, as
the case requires, may issue an IP warrant (suspect) if he or she
is satisfied --
(a) that in respect of the matters in section 42(3) on which
the applicant is required to have a reasonable suspicion
20 there are reasonable grounds for the applicant to have
that suspicion; and
(b) that the interests of justice justify obtaining the
identifying particular specified in the application.
(2) In the case of an application for an IP warrant (suspect) in
25 respect of an incapable person, the magistrate may, on his or her
own initiative --
(a) give a copy of the application to the Public Advocate;
(b) seek information or submissions from the Public
Advocate; or
page 37
Criminal Investigation (Identifying People) Bill 2000
Part 6 Identifying particulars of uncharged suspects
s. 43
(c) if the warrant is issued, give a copy of it to the Public
Advocate,
and may use remote communication to do so.
(3) An IP warrant (suspect) must contain this information --
5 (a) the official details of the applicant;
(b) the name of the suspect to whom it relates;
(c) the offence to which it relates;
(d) the identifying particular to be obtained;
(e) the period, not exceeding 14 days, during which it may
10 be executed;
(f) the name of the JP or magistrate who issued it; and
(g) the date and time when it was issued.
(4) An IP warrant (suspect) must be in the prescribed form.
(5) An IP warrant (suspect) authorises --
15 (a) an officer authorised by subsection (6) --
(i) to arrest the suspect to whom it relates; and
(ii) to detain him or her for a reasonable period in
order to do the procedure specified in it;
and
20 (b) the doing of the procedure on the suspect against his or
her will.
(6) The powers in subsection (5)(a) may be exercised by --
(a) if a police officer applied for the warrant, any police
officer; or
25 (b) if a public officer applied for the warrant, any public
officer who has the same functions as the applicant, or
any police officer.
page 38
Criminal Investigation (Identifying People) Bill 2000
Identifying particulars of charged suspects Part 7
s. 44
Part 7 -- Identifying particulars of charged suspects
44. Interpretation
In this Part --
"charged suspect" means a person who has been charged with,
5 but not dealt with by a court for, a serious offence and it
does not matter whether or not the person is in lawful
custody for the offence;
"identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
10 (including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) the person's DNA profile;
"serious offence" means --
15 (a) an offence the statutory penalty for which is or
includes imprisonment; or
(b) an offence under section 49, 63, 64 or 64AA of the
Road Traffic Act 1974.
45. Identifying particulars may be taken
20 (1) If an officer reasonably suspects that any or all of a charged
suspect's identifying particulars --
(a) are not or may not be held by the WA Police; or
(b) are or may be needed to verify the person's identity with
identification particulars already held by the WA Police,
25 the officer may order the suspect to undergo an identifying
procedure in order to obtain the particulars.
(2) If a charged suspect does not obey an order made under
subsection (1) an officer may --
(a) if the suspect is not in custody -- arrest the suspect and
30 detain him or her for a reasonable time in order to do the
identifying procedure; and
page 39
Criminal Investigation (Identifying People) Bill 2000
Part 7 Identifying particulars of charged suspects
s. 45
(b) do the identifying procedure on the suspect against the
suspect's will.
(3) The identifying procedure must be done in accordance with
Part 9.
page 40
Criminal Investigation (Identifying People) Bill 2000
Identifying information of prescribed prisoners Part 8
s. 46
Part 8 -- Identifying information of prescribed
prisoners
46. Prescribed prisoners may be ordered to undergo identifying
procedure
5 (1) In this section --
"identifying particular" has the meaning given by section 44;
"prescribed prisoner" means a person who is in lawful
custody in --
(a) a detention centre (as defined in section 3 of the
10 Young Offenders Act 1994); or
(b) a prison (as defined in the Prisons Act 1981),
other than a person who is on remand for, or serving a
sentence for, a serious offence;
"serious offence" has the meaning given by section 44.
15 (2) For the purposes of this section, the superintendent of the
detention centre or prison in which a prescribed prisoner is in
custody is to inform the Commissioner of Police as soon as
practicable of the arrival of the prisoner.
(3) A police officer may order a prescribed prisoner to undergo an
20 identifying procedure for the purpose of obtaining one or more
of the prisoner's identifying particulars.
(4) A police officer must not make an order under subsection (3)
unless the officer reasonably suspects that any or all of the
prescribed prisoner's identifying particulars --
25 (a) are not or may not be held by the WA Police; or
(b) are or may be needed in order to verify the prisoner's
identity with identifying particulars already held by the
WA Police.
page 41
Criminal Investigation (Identifying People) Bill 2000
Part 8 Identifying information of prescribed prisoners
s. 46
(5) If a prescribed prisoner does not obey an order made under
subsection (3) a police officer may do the identifying procedure
on the prisoner against the prisoner's will.
(6) An identifying procedure authorised by this section must be
5 done in accordance with Part 9.
page 42
Criminal Investigation (Identifying People) Bill 2000
Doing identifying procedures Part 9
s. 47
Part 9 -- Doing identifying procedures
47. Interpretation
In this Part --
"dentist" means an individual who is registered under the
5 Dental Act 1939;
"doctor" means an individual who is a medical practitioner
within the meaning of the Medical Act 1894;
"nurse" means an individual who is registered under Part 3 of
the Nurses Act 1992;
10 "qualified", in relation to a person, means qualified under the
regulations.
48. Application of this Part
This Part applies if another provision of this Act says that an
identifying procedure must be done in accordance with this Part.
15 49. General requirements
(1) Before doing an identifying procedure on a person the officer
who is responsible for doing it must --
(a) identify himself or herself to the person; and
(b) if it is being done against the person's will, tell the
20 person that it is an offence to obstruct the doing of it.
(2) An intimate identifying procedure on a person --
(a) must be done in circumstances affording reasonable
privacy to the person; and
(b) must not involve the removal of more clothing than is
25 necessary for doing the procedure.
(3) A suspect must not be questioned in relation to an offence while
he or she is undergoing an identifying procedure.
page 43
Criminal Investigation (Identifying People) Bill 2000
Part 9 Doing identifying procedures
s. 50
(4) If an identifying procedure is to be done on an incapable person
the officer who is responsible for doing it must arrange for the
incapable person to have near him or her while the procedure is
done a person who can provide him or her with support.
5 (5) The number of people who are present while an identifying
procedure is being done (excluding a person who is present
under subsection (4)) must not exceed that which is reasonably
necessary to ensure the procedure is done effectively and to
ensure the safety of all present.
10 (6) If this Part requires a power to be exercised in relation to a
person by a person with specific qualifications, the officer
authorised to exercise the power may authorise a person with
those qualifications to exercise the power.
(7) A person so authorised may exercise the power.
15 50. People doing procedures, sex of
(1) A person who takes a photograph of a person, other than of the
person's private parts, may be of either sex.
(2) If practicable, the person who takes a print of a person's hands
(including fingers) or feet (including toes) must be of the same
20 sex as that person.
(3) Except as provided in subsections (1) and (2), the person who
does an identifying procedure on a person must be of the same
sex as that person unless the person who does it is --
(a) a doctor;
25 (b) a dentist; or
(c) a nurse.
(4) A person who is present while an identifying procedure is done
by a person on another person must, if practicable, be of the
same sex as the person on whom the procedure is done.
30 (5) If this Part requires a power to be exercised in relation to a
person by a person of the same sex as the person, the officer
page 44
Criminal Investigation (Identifying People) Bill 2000
Doing identifying procedures Part 9
s. 51
authorised to exercise the power may authorise a person of that
sex to exercise the power.
(6) A person so authorised may exercise the power.
(7) If it is necessary to ascertain the sex of a person before
5 exercising a power under this Part on the person and the sex of
the person is uncertain to the officer authorised to exercise the
power --
(a) the officer must ask the person to indicate whether a
male or a female should exercise the power on the
10 person and must act in accordance with the answer; and
(b) in the absence of an answer, the person is to be treated
as if of the sex that the person outwardly appears to the
officer to be.
51. Who may do an identifying procedure
15 When doing an identifying procedure on a person, a power in
the Table to this section may only be done by a person specified
opposite the power in the Table.
Table
Power Who may exercise it
A. Non-intimate identifying procedure
1. Photographing a person, other Doctor, nurse or qualified
than his or her private parts person
2. Obtaining a print of the person's Qualified person
hands (including fingers), feet
(including toes) or ears
3. Taking a buccal swab from the Doctor, nurse or qualified
person person
4. Taking a sample of the person's Doctor, nurse or qualified
hair other than pubic hair person
page 45
Criminal Investigation (Identifying People) Bill 2000
Part 9 Doing identifying procedures
s. 52
Power Who may exercise it
B. Intimate identifying procedure
1. Photographing an identifying Doctor, nurse or qualified
feature of the person on his or her person
private parts
2. Taking a sample of the person's Doctor or nurse
pubic hair
3. Taking a sample of blood from Doctor, nurse or qualified
the person person
4. Taking a dental impression of the Doctor or dentist
person
52. Personal details may be obtained as well
An officer who is authorised under this Part to do an identifying
procedure on a person may request the person to give the officer
any or all of the person's personal details and section 14(3) to
5 (9), with any necessary changes, apply to and in relation to the
request.
53. Samples etc., how to be taken
(1) The taking under this Part of --
(a) a sample from a person's body; or
10 (b) an impression from any part of a person's body
(including a dental impression),
must be done by the least painful method that is known or
available to the person taking the sample or impression.
(2) The regulations may --
15 (a) prohibit or regulate methods by which samples or
impressions are taken or procedures are done under this
Part;
(b) prescribe the equipment to be used for taking samples or
impressions or doing procedures under this Part.
page 46
Criminal Investigation (Identifying People) Bill 2000
Doing identifying procedures Part 9
s. 54
54. Procedures may be repeated
(1) In relation to any one investigation, a person may be
requested --
(a) on more than one occasion to undergo an identifying
5 procedure;
(b) to undergo more than one identifying procedure.
(2) Without limiting subsection (1) a person may be requested to
undergo the same identifying procedure on more than one
occasion if on a previous occasion the procedure was
10 unsuccessful and it is reasonable to repeat the procedure.
(3) A request under this section must be made in accordance with
the other provisions of this Act.
55. People not obliged to do procedures
Nothing in this Act requires a person --
15 (a) to do an identifying procedure on another person; or
(b) to take a photograph, print or impression of or a sample
from another person's body.
page 47
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 56
Part 10 -- Use and destruction of identifying
information
56. Interpretation
In this Part --
5 "forensic database" means a database (whether or not on a
computer and however described), including a DNA
database, that contains --
(a) information in relation to the commission of an
offence that may identify the person who committed
10 it;
(b) identifying information of people lawfully obtained
before the commencement of this Act;
(c) identifying information of people (alive or deceased)
obtained under this Act; or
15 (d) identifying information of missing persons and their
relatives by blood;
"identifying information", in relation to a person, means --
(a) any identifying particular obtained as a result of
doing an identifying procedure on the person;
20 (b) any thing connected with obtaining the identifying
particular such as an impression, negative, sample or
swab; or
(c) the personal details of the person obtained when the
identifying particular was obtained,
25 and it does not matter in what form the information is kept.
For example: on paper or in an electronic or digitised form.
page 48
Criminal Investigation (Identifying People) Bill 2000
Use and destruction of identifying information Part 10
s. 57
57. Volunteers, identifying information of
(1) Unless subsection (2) applies, identifying information of a
volunteer obtained under Part 4 Division 2 --
(a) must not --
5 (i) be compared with any other information,
whether or not in a forensic database; or
(ii) be put in a forensic database,
except in accordance with the decision of the volunteer,
or responsible person, made or changed under
10 section 17;
(b) if it is a DNA profile and may be compared with
information in a DNA database, may only be compared
in accordance with section 74; and
(c) must be destroyed in accordance with the decision of the
15 volunteer, or responsible person, made or changed under
section 17.
(2) If a volunteer from whom identifying information is obtained
under Part 4 Division 2 --
(a) is subsequently reasonably suspected of having
20 committed a serious offence within the meaning of
section 31, section 62 applies to the information; or
(b) is subsequently charged with a serious offence within
the meaning of section 44, section 63 applies to the
information,
25 unless the information should have been destroyed by then.
page 49
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 58
58. Uninvolved protected person, identifying information of
(1) Unless subsection (2) applies, identifying information of a
protected person obtained under Part 4 Division 3 under an IP
warrant (uninvolved person) --
5 (a) must not --
(i) be compared with any other information,
whether or not in a forensic database; or
(ii) be put in a forensic database,
except in accordance with the warrant;
10 (b) if it is a DNA profile and may be compared with
information in a DNA database, may only be compared
in accordance with section 74; and
(c) must be destroyed in accordance with the warrant.
(2) If a protected person from whom identifying information is
15 obtained under Part 4 Division 3 --
(a) is subsequently reasonably suspected of having
committed a serious offence within the meaning of
section 31, section 62 applies to the information; or
(b) is subsequently charged with a serious offence within
20 the meaning of section 44, section 63 applies to the
information,
unless the information should have been destroyed by then.
59. Deceased people, identifying information of
Identifying information of a deceased person obtained under
25 Part 4 Division 4 --
(a) may be compared with other information, whether or not
in a forensic database, if a coroner has so directed;
(b) may be put in a forensic database if a coroner has so
directed;
page 50
Criminal Investigation (Identifying People) Bill 2000
Use and destruction of identifying information Part 10
s. 60
(c) if it is a DNA profile and may be compared with
information in a DNA database, may only be compared
in accordance with section 74; and
(d) must be destroyed in accordance with any direction for
5 destruction made by a coroner.
60. Officers and others, identifying information of
(1) Identifying information of a person obtained under Part 4
Division 5 --
(a) with the approval of the Commissioner or the employing
10 authority, as the case requires, may be compared with
other information, whether or not in a forensic database;
(b) with the approval of the Commissioner of Police or the
employing authority, as the case requires, may be put in
a forensic database; and
15 (c) must be destroyed if the person, having ceased to be a
person who, under section 21, may be required to
undergo an identifying procedure, requests the
Commissioner of Police or the employing authority, as
the case requires, to destroy it.
20 (2) An approval for the purposes of subsection (1) may apply
generally or in relation to a specific case or class of case.
61. Involved people, identifying information of
(1) Unless subsection (2) applies, identifying information of an
involved person obtained under Part 5 --
25 (a) may be compared with other information, whether or not
in a forensic database, as soon as it is obtained;
(b) may be put in a forensic database as soon as it is
obtained;
(c) if it is a DNA profile, may only be compared with
30 information in a DNA database in accordance with
section 74; and
page 51
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 62
(d) must be destroyed if --
(i) within 2 years after the information is obtained
no person is charged with that offence; or
(ii) a person is so charged and criminal proceedings
5 in respect of the charge, including proceedings
on an appeal, are completed,
and destruction is requested under section 66 by or on
behalf of the involved person.
(2) If an involved person from whom identifying information is
10 obtained under Part 5 --
(a) is subsequently reasonably suspected of having
committed the offence in respect of which the person is
an involved person and the offence is a serious offence
within the meaning of section 31, section 62 applies to
15 the information; or
(b) is subsequently charged with the offence in respect of
which the person is an involved person and the offence
is a serious offence within the meaning of section 44,
section 63 applies to the information,
20 unless the information should have been destroyed by then.
62. Uncharged suspects, identifying information of
(1) In this section --
"relevant offence", in relation to a suspect, means --
(a) the offence that the suspect is suspected of having
25 committed and in relation which identifying
information is obtained under Part 6; or
(b) an offence arising out of the same circumstances as
that offence.
page 52
Criminal Investigation (Identifying People) Bill 2000
Use and destruction of identifying information Part 10
s. 63
(2) Unless subsection (3) applies, identifying information of a
suspect obtained under Part 6 --
(a) may be compared with other information, whether or not
in a forensic database, as soon as it is obtained;
5 (b) may be put in a forensic database as soon as it is
obtained;
(c) if it is a DNA profile may only be compared with
information in a DNA database in accordance with
section 74; and
10 (d) must be destroyed if --
(i) within 2 years after the information is obtained
the suspect is not charged with a relevant
offence; or
(ii) the suspect is so charged but the charge is
15 finalised without a finding of guilt,
and destruction is requested under section 66 by or on
behalf of the suspect.
(3) If a suspect from whom identifying information is obtained
under Part 6 is subsequently charged with a relevant offence,
20 section 63 applies to the information unless the information
should have been destroyed by then.
63. Charged suspects, identifying information of
(1) Identifying information of a suspect obtained under Part 7 --
(a) must not --
25 (i) be compared with any other information,
whether or not in a forensic database; or
(ii) be put in a forensic database,
until after a complaint against the suspect in respect of
the serious offence that he or she is suspected of having
30 committed has been lodged in a court of summary
jurisdiction;
page 53
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 64
(b) if it is a DNA profile and may be compared with
information in a DNA database, may only be compared
in accordance with section 74; and
(c) must be destroyed if the charge against the suspect is
5 finalised without a finding of guilt and destruction is
requested under section 66 by or on behalf of the
suspect.
(2) Subsection (1) also applies to and in respect of identifying
particulars lawfully obtained before the commencement of
10 Part 7.
64. Prescribed prisoners, identifying information of
Identifying information of a prescribed prisoner obtained under
Part 8 --
(a) may be compared with other information, whether or not
15 in a forensic database, as soon as it is obtained;
(b) may be put in a forensic database as soon as it is
obtained;
(c) if it is a DNA profile may only be compared with
information in a DNA database in accordance with
20 section 74; and
(d) must be destroyed if --
(i) at the time it was obtained the prisoner was in
lawful custody by reason only of having been
charged with an offence other than a serious
25 offence (within the meaning given by
section 44); and
(ii) the charge is finalised without a finding of guilt
and destruction is requested under section 66 by
or on behalf of the prisoner.
page 54
Criminal Investigation (Identifying People) Bill 2000
Use and destruction of identifying information Part 10
s. 65
65. Results of matched information to be made available to
suspects
(1) If --
(a) identifying information is obtained under this Act from a
5 person who, either then or subsequently, is reasonably
suspected of having committed an offence; and
(b) the information is compared with and found to match
information, whether or not in a forensic database,
obtained otherwise in relation to the investigation of the
10 offence,
the officer in charge of the investigation of the offence must
ensure that a copy of the results of the comparison (including
any report) is made available to the person.
(2) The copy must be made available to the suspect as soon as
15 practicable after it is obtained unless to do so would prejudice
the investigation of any offence.
66. Destruction of identifying information, request for
(1) If another provision of this Act says that a request may be made
under this section for the destruction of identifying information,
20 the request may be made --
(a) if the identifying information is that of a person who is
an adult at the time the request may be made -- by the
adult;
(b) if the identifying information is that of a person who is a
25 child at the time the request may be made -- by a
responsible person; or
(c) if the identifying information is that of a person who is
an incapable person at the time the request may be
made -- by the Public Advocate.
30 (2) The request must be made to the Commissioner of Police.
page 55
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 67
67. Destroying identifying information
(1) If this Part requires identifying information to be destroyed on
the occurrence of an event or on a request it must be destroyed
as soon as practicable after the event occurs or the request is
5 made.
(2) If this Part requires identifying information to be destroyed, the
personal details of the person whose identifying information it is
and all means of connecting the identifying information with
those personal details must be destroyed.
10 (3) If this Part requires identifying information to be destroyed,
identifying information that consists of a DNA profile of a
person may nevertheless be kept on a DNA database for
statistical purposes if other identifying information that would
enable the identity of the person to be discovered is destroyed.
15 68. Destroying identifying information, responsibility for
(1) If information or anything else that must be destroyed under this
Act is in the possession of the WA Police, the Commissioner of
Police must ensure it is destroyed.
(2) If information or anything else that must be destroyed under this
20 Act is in the possession of a person other than the WA Police,
that person must ensure it is destroyed.
(3) If information or anything else that must be destroyed under this
Act is on a forensic database, the person who controls or
manages the database must ensure it is destroyed.
25 69. Supreme Court may order information not to be destroyed
(1) If the Supreme Court is satisfied that there is good reason to
keep identifying information after the time when under this Part
it must be destroyed, the court may order that it be kept for a
period set by the court.
page 56
Criminal Investigation (Identifying People) Bill 2000
Use and destruction of identifying information Part 10
s. 70
(2) The Supreme Court may at any time amend or cancel such an
order.
(3) A person whose identifying information is the subject of an
application for an order under this section is entitled to be heard
5 on the application.
70. Disclosure of identifying information
(1) A person who has or had access to identifying information
obtained under this Act, whether or not in a forensic database,
may only disclose the information as follows:
10 (a) if the person is the person to whom the information
relates;
(b) if the person to whom the information relates consents
in writing to the disclosure;
(c) for the purpose of the medical treatment of the person to
15 whom the information relates;
(d) if the information is already public;
(e) for a forensic purpose where the investigation or
identification is being done by the WA Police or by
other law enforcement officers prescribed by the
20 regulations;
(f) for the purpose of a decision as to whether to prosecute
an offence;
(g) for the purpose of criminal proceedings for an offence;
(h) for the purpose of the medical treatment of a victim of
25 an offence that the suspect is reasonably suspected to
have committed;
(i) for the purpose of an investigation or inquest under the
Coroners Act 1996;
(j) for the purpose of civil or disciplinary proceedings that
30 relate to the way in which the identifying procedure that
resulted in the information was carried out;
page 57
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 71
(k) for the purpose of an investigation under the
Parliamentary Commissioner Act 1971 into the exercise
of any power under this Act;
(l) in accordance with an arrangement entered into under
5 section 86(1);
(m) in accordance with the Mutual Assistance in Criminal
Matters Act 1987, or the Extradition Act 1988, of the
Commonwealth;
(n) for a purpose prescribed by the regulations.
10 (2) This section does not apply in relation to information that
cannot be used to discover the identity of a person.
(3) A person who has or had access to identifying information,
whether or not in a forensic database, must not disclose the
information except as provided by this section.
15 Penalty: Imprisonment for 2 years.
71. Illegal identifying information, improper use of
(1) In this section --
"illegal identifying information" means identifying
information --
20 (a) that has not been obtained; or
(b) that has not been destroyed,
in accordance with this Act or a corresponding law of a
participating jurisdiction other than --
(c) identifying information that was lawfully obtained
25 before the commencement of this Act and that is
lawfully retained; and
(d) identifying information to which this Act does not
apply.
page 58
Criminal Investigation (Identifying People) Bill 2000
Use and destruction of identifying information Part 10
s. 72
(2) For the purposes of this section a person improperly uses illegal
identifying information if the person --
(a) supplies the information to another person --
(i) to be analysed;
5 (ii) to be put in a forensic database; or
(iii) to be compared with other information, whether
or not in a forensic database;
(b) analyses the information;
(c) compares the information with other information,
10 whether or not in a forensic database;
(d) puts the information in a forensic database;
(e) leaves the information in a forensic database.
(3) A person who knows or reasonably ought to know that
identifying information is illegal identifying information must
15 not improperly use the information.
Penalty: Imprisonment for 2 years.
72. Legal identifying information, improper use of
(1) In this section --
"legal identifying information" means identifying
20 information --
(a) that has been obtained in accordance with this Act; or
(b) that was lawfully obtained before the commencement
of this Act and that is lawfully retained.
(2) For the purposes of this section a person improperly uses legal
25 identifying information if the person --
(a) compares the information with other information,
whether or not in a forensic database, otherwise than in
accordance with this Part; or
(b) puts the information in a forensic database otherwise
30 than in accordance with this Part.
page 59
Criminal Investigation (Identifying People) Bill 2000
Part 10 Use and destruction of identifying information
s. 72
(3) A person must not make improper use of legal identifying
information.
Penalty: Imprisonment for 2 years.
page 60
Criminal Investigation (Identifying People) Bill 2000
DNA databases Part 11
s. 73
Part 11 -- DNA databases
73. Interpretation
In this Part --
"crime scene index" means an index of DNA profiles derived
5 from material obtained from --
(a) a place (whether within or outside Australia) where
an offence under the law of this State, another State, a
Territory or the Commonwealth was, or is reasonably
suspected to have been, committed;
10 (b) on or in the body of a person who was involved when
such an offence was committed, whether as a suspect
for, or as a victim of, or as a witness to, the offence;
(c) on or in anything worn or carried by a person referred
to in paragraph (b) at the time of the offence; or
15 (d) any thing in respect of which the offence was
committed or that was used in committing, or in
connection with committing, the offence,
together with information about when and where the DNA
profile was obtained, but does not include the DNA profile
20 of a person reasonably suspected to have committed the
offence that was obtained from that person;
"DNA database" means a database (whether or not on a
computer and however described) that contains --
(a) the following indexes of DNA profiles --
25 (i) a crime scene index;
(ii) a missing persons index;
(iii) an offenders index;
(iv) a suspects index;
(v) an unknown deceased persons index;
30 (vi) a volunteers (limited purposes) index;
(vii) a volunteers (unlimited purposes) index;
page 61
Criminal Investigation (Identifying People) Bill 2000
Part 11 DNA databases
s. 73
(b) a statistical index; and
(c) an index prescribed by the regulations;
"missing persons index" means an index of the DNA profiles
of --
5 (a) missing people; or
(b) volunteers who are relatives by blood of such people,
together with the personal details of the people whose
profiles they are to the extent that the details are known;
"offenders index" means an index of the DNA profiles
10 obtained --
(a) under Part 6 or 7 from suspects each of whom has
been subsequently found guilty of the offence that he
or she was suspected of having committed;
(b) under clause 3 of Schedule 1 from remand prisoners
15 each of whom has been subsequently found guilty of
the offence that he or she was suspected of having
committed;
(c) under clause 4 of Schedule 1 from serious offenders;
or
20 (d) under the corresponding laws of participating
jurisdictions from people who have been convicted of
offences under the laws of those jurisdictions,
together with the personal details of the people whose
profiles they are;
25 "statistical index" means an index of information --
(a) that is obtained from the analysis of material obtained
from people under this Act or under a corresponding
law of a participating jurisdiction;
(b) that does not contain the personal details of any
30 person whose DNA profile is in the index;
(c) that is compiled for statistical purposes; and
page 62
Criminal Investigation (Identifying People) Bill 2000
DNA databases Part 11
s. 73
(d) that cannot be used to discover the identity of people
from whom the material was obtained;
"suspects index" means an index of the DNA profiles
obtained --
5 (a) under Part 6 or 7 from suspects each of whom has not
been found guilty of the offence he or she was
suspected of having committed;
(b) under clause 3 of Schedule 1 from remand prisoners;
or
10 (c) under the corresponding laws of participating
jurisdictions from people who are suspected of
having committed, but who have not been convicted
of, offences under the laws of those jurisdictions,
together with the personal details of the people whose
15 profiles they are;
"unknown deceased persons index" means an index of the
DNA profiles obtained under Part 4 Division 4 from
deceased people whose personal details are unknown,
together with information about when and where the DNA
20 profile was obtained;
"volunteers (limited purposes) index" means an index of the
DNA profiles obtained --
(a) under Part 4 Division 2 from volunteers;
(b) under Part 4 Division 3 from protected people;
25 (c) under similar provisions in corresponding laws of
participating jurisdictions from similar people; or
(d) under Part 4 Division 4 from deceased people,
in respect of which there are limits as to the forensic
purposes for which the DNA profiles may be used, together
30 with the personal details of the people whose profiles they
are;
page 63
Criminal Investigation (Identifying People) Bill 2000
Part 11 DNA databases
s. 74
"volunteers (unlimited purposes) index" means an index of
the DNA profiles obtained --
(a) under Part 4 Division 2 from volunteers;
(b) under Part 4 Division 3 from protected people;
5 (c) under similar provisions in corresponding laws of
participating jurisdictions from similar people; or
(d) under Part 4 Division 4 from deceased people,
in respect of which there are no limits as to the forensic
purposes for which the DNA profiles may be used, together
10 with the personal details of the people whose profiles they
are.
74. DNA database indexes, permitted comparisons with
(1) A DNA profile, whether or not in a DNA database, must not be
compared with a DNA profile that is in a DNA database index if
15 the Table to this section does not permit the comparison.
(2) If the Table to this section permits a comparison "if within
limit" the comparison must not be made if the forensic purposes
for which the DNA profile may be used, as decided under Part 4
Division 2 or 3, do not include the purpose for which the
20 comparison is sought to be made.
Table showing permissible comparisons
DNA profile Information in DNA database
to be A B C D E F G
compared with Crime Suspects Volunteers Volunteers Offend- Missing Unknown
information in scene index (limited (unlimited ers persons deceased
DNA database index purposes) purposes) index index persons
index index index
1 From crime Yes Yes If within Yes Yes Yes Yes
scene limit
2 Of suspect Yes Yes No Yes Yes Yes Yes
3 Of volunteer If No No No If If If within
(limited within within within limit
purposes) limit limit limit
page 64
Criminal Investigation (Identifying People) Bill 2000
DNA databases Part 11
s. 75
DNA profile Information in DNA database
to be A B C D E F G
compared with Crime Suspects Volunteers Volunteers Offend- Missing Unknown
information in scene index (limited (unlimited ers persons deceased
DNA database index purposes) purposes) index index persons
index index index
4 Of volunteer Yes Yes No Yes Yes Yes Yes
(unlimited
purposes)
5 Of serious Yes Yes No Yes Yes Yes Yes
offender
6 Of missing Yes Yes If within Yes Yes Yes Yes
person limit
7 Of unknown See See s 59 If within See s 59 See See See s 59
deceased s 59 limit s 59 s 59
person
8 Of involved Yes Yes If within No Yes Yes Yes
person limit
9 Of Yes Yes If within Yes Yes Yes Yes
prescribed limit
prisoner
75. Database managers, duties of
(1) In this section --
"database manager" means a person who has the control and
management of a DNA database.
5 (2) A database manager must ensure that the DNA database is used
only for the following purposes --
(a) to contain only the information that under this Act may
be put in the database together with any information that
is reasonably necessary to administer the database;
10 (b) to compare the information in the database with other
information, whether or not in the database, in
accordance with this Act;
(c) for the purposes of an arrangement entered into under
section 86(1).
page 65
Criminal Investigation (Identifying People) Bill 2000
Part 11 DNA databases
s. 76
76. DNA databases, operators to be authorised
(1) The Minister, in writing, may authorise a person, other than a
police officer, to create, keep, operate, control or manage a
DNA database.
5 (2) The Minister may at any time cancel such an authorisation.
(3) A person must not create, keep, operate, control or manage a
DNA database except with the written authority of the Minister.
Penalty: $250 000.
page 66
Criminal Investigation (Identifying People) Bill 2000
Admissibility of evidence Part 12
s. 77
Part 12 -- Admissibility of evidence
77. Evidence of refusal of consent etc.
(1) Evidence that a person refused to, or did not, or withdrew,
consent to an identifying procedure being done on the person is
5 not admissible in proceedings against the person except --
(a) in proceedings against him or her for an offence alleged
to have been committed while the identifying procedure
was being done on him or her; or
(b) to establish or rebut an allegation that an officer
10 investigating the commission of an offence acted
contrary to law in doing the investigation.
(2) Evidence that a responsible person refused to, or did not, or
withdrew, consent to an identifying procedure being done on a
protected person is not admissible in proceedings against the
15 responsible person, or the protected person, except --
(a) in proceedings against him or her for an offence alleged
to have been committed while the identifying procedure
was being done on the protected person; or
(b) to establish or rebut an allegation that an officer
20 investigating the commission of an offence acted
contrary to law in doing the investigation.
78. Evidence of conduct of procedure
Evidence of how an identifying procedure was done is
admissible in proceedings in court against a person --
25 (a) to establish or rebut an allegation that unreasonable
force was used to do the procedure;
(b) in connection with deciding the admissibility of a
confession or other evidence adverse to the person
where the person alleges it was induced or obtained by
30 the use of unreasonable force;
page 67
Criminal Investigation (Identifying People) Bill 2000
Part 12 Admissibility of evidence
s. 79
(c) to establish or rebut an allegation that the procedure was
not done in accordance with this Act.
79. Evidence obtained illegally
(1) This section applies to the following evidence --
5 (a) any thing taken (including a print, photograph, sample,
impression or record) in the course of an identifying
procedure; and
(b) any evidence derived from a thing referred to in
paragraph (a) or the procedure.
10 (2) This section does not apply to evidence to which section 80
applies.
(3) If --
(a) an identifying procedure is done on a person; and
(b) any requirement of this Act in relation to doing the
15 procedure, including a requirement that arises before or
after the actual procedure, is contravened,
evidence to which this section applies is not admissible in any
criminal proceedings against the person in a court unless --
(c) the person does not object to the admission of the
20 evidence;
(d) the court decides otherwise under section 88; or
(e) the court is of the opinion that the contravention arose
out of a mistaken but reasonable belief as to the age of a
child.
25 80. Evidence kept illegally
If under Part 10 identifying information must be destroyed at a
certain time, evidence of that information --
(a) is not admissible in a court after that time if it is adduced
by the prosecution against a person; but
30 (b) may be admitted if it is adduced by that person.
page 68
Criminal Investigation (Identifying People) Bill 2000
Admissibility of evidence Part 12
s. 81
81. Evidence from illegal use of information
Any information obtained as a result of --
(a) identifying information being put in a DNA database
otherwise than in accordance with this Act;
5 (b) identifying information being compared with other
identifying information, whether or not in a DNA
database, otherwise than in accordance with this Act,
is not admissible in criminal proceedings against a person in a
court unless the court decides otherwise under section 88.
page 69
Criminal Investigation (Identifying People) Bill 2000
Part 13 Enforcement elsewhere in Australia
s. 82
Part 13 -- Enforcement elsewhere in Australia
82. Interpretation
In this Part --
"authorised officer", in relation to a participating jurisdiction,
5 means a person holding an office in that jurisdiction that is
prescribed under section 83;
"corresponding law" means a law prescribed under section 83
to be a corresponding law;
"forensic order" means an order or warrant, made or issued
10 under a corresponding law in respect of a person, that
authorises the examination of, and the obtaining of material
from, the person's body for forensic purposes;
"participating jurisdiction" means another State, a Territory
or the Commonwealth in which a corresponding law is in
15 force;
"Registrar" means a person prescribed under section 83 to be
the Registrar.
83. Corresponding laws etc., prescription of
The regulations may --
20 (a) prescribe a law of another State, a Territory or the
Commonwealth that relates to the examination of, and
the obtaining of material from, people's bodies for
forensic purposes to be a corresponding law for the
purposes of this Act;
25 (b) prescribe an office in a participating jurisdiction the
holder of which is an authorised officer for the purposes
of this Part;
(c) prescribe an office in this State, or in a participating
jurisdiction, the holder of which is the Registrar for the
30 purposes of this Part; and
page 70
Criminal Investigation (Identifying People) Bill 2000
Enforcement elsewhere in Australia Part 13
s. 84
(d) any matters that are necessary or convenient to be
prescribed in relation to the registration and carrying out
of forensic orders.
84. Forensic orders, registration of
5 (1) An authorised officer in a participating jurisdiction may request
the Registrar to register, for the purposes of this Part, a forensic
order that has been made under a corresponding law of that
jurisdiction.
(2) A request for the registration of a forensic order must be in
10 writing and be accompanied by a copy of the order, certified by
the person who issued it.
(3) The Registrar must accede to a request made under this section
for the registration of a forensic order if satisfied that the order
was made in accordance with the corresponding law concerned.
15 (4) On the request of an authorised officer in a participating
jurisdiction the Registrar may at any time cancel the registration
of a forensic order.
85. Forensic orders registered in WA may be executed in WA
(1) In this section --
20 "registered forensic order" means a forensic order that is
registered under section 84 for the purposes of this Part.
(2) A registered forensic order has effect in this State according to
its contents and, subject to this section, may be carried out
accordingly.
25 (3) A police officer may carry out a registered forensic order in this
State.
(4) If a registered forensic order authorises the carrying out of an
identifying procedure on a person the procedure must be done in
accordance with Part 9.
page 71
Criminal Investigation (Identifying People) Bill 2000
Part 13 Enforcement elsewhere in Australia
s. 86
(5) If a registered forensic order authorises the carrying out of acts
on a person other than acts that may be done in the course of an
identifying procedure under this Act, the order must be carried
out in accordance with the corresponding law under which it
5 was made.
86. Arrangements for sharing information
(1) The Minister may, with a Minister of a participating jurisdiction
who is responsible for the administration of a corresponding
law, enter into arrangements under which --
10 (a) information from the DNA database of this State is
transmitted to the authorised officer of that jurisdiction;
(b) information from the DNA database of that jurisdiction
is transmitted to the Commissioner of Police;
(c) for the purposes of law enforcement in that jurisdiction,
15 law enforcement officers of that jurisdiction are entitled
to have access to identifying and other information,
whether or not in a forensic database, held by the WA
Police; or
(d) for the purposes of law enforcement in this State, law
20 enforcement officers in this State are permitted to have
access to identifying and other information, whether or
not in a forensic database, held by law enforcement
officers in that jurisdiction.
(2) Information that is transmitted under an arrangement made
25 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 obtain information about an
identifiable person at any time after this Act or a corresponding
law requires the information or the forensic material to which it
30 relates to be destroyed.
page 72
Criminal Investigation (Identifying People) Bill 2000
Miscellaneous Part 14
s. 87
Part 14 -- Miscellaneous
87. Legal protection for people acting under this Act
(1) This section does not apply to a person to whom section 137 of
the Police Act 1892 applies.
5 (2) In this section --
(a) a reference to the doing of anything includes a reference
to an omission to do anything; and
(b) a reference to the exercise of a power under this Part
includes a reference to the exercise of a power in Part 2
10 in conjunction with the exercise of the power under this
Part.
(3) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the exercise or purported
exercise of a power under this Part.
15 (4) The protection given by this section applies even though the
thing done as described in subsection (3) may have been
capable of being done whether or not this Act had been enacted.
88. Inadmissible evidence, court may admit
(1) This section applies if under another section a court may make a
20 decision under this section in relation to evidence that is not
admissible in proceedings in the court.
(2) The court may decide to admit the evidence if it is satisfied that
the desirability of admitting the evidence outweighs the
undesirability of admitting the evidence.
25 (3) In making a decision under subsection (2) the court is to take
into account --
(a) any objection to the evidence being admitted by the
person against whom the evidence may be given;
page 73
Criminal Investigation (Identifying People) Bill 2000
Part 14 Miscellaneous
s. 89
(b) the seriousness of the offence in respect of which the
evidence is relevant;
(c) the seriousness of any contravention of this Act in
obtaining the evidence;
5 (d) whether any contravention of this Act in obtaining the
evidence was intentional or reckless;
(e) whether any contravention of this Act arose from an
honest and reasonable mistake of fact;
(f) the probative value of the evidence;
10 (g) any other matter the court thinks fit.
(4) The probative value of the evidence does not by itself justify its
admission.
89. Regulations
(1) The Governor may make regulations prescribing all matters that
15 are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1) regulations may --
(a) provide for the procedure to be followed in and in
20 relation to doing an identifying procedure;
(b) create offences with statutory penalties not exceeding
$5 000.
90. Review of Act
(1) The Minister is to carry out a review of the operation and
25 effectiveness of this Act as soon as practicable after the expiry
of 5 years from its commencement.
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause the
report to be laid before each House of Parliament.
page 74
Criminal Investigation (Identifying People) Bill 2000
Temporary provisions Part 15
s. 91
Part 15 -- Temporary provisions
91. People in custody and others, identifying particulars may be
taken from (Sch 1)
(1) Schedule 1 has effect.
5 (2) This section and Schedule 1 cease to have effect on the third
anniversary of the commencement of this section.
92. Consequential amendments (Sch 2)
Each Act listed in Schedule 2 is amended as set out in that
Schedule.
10
page 75
Criminal Investigation (Identifying People) Bill 2000
Schedule 1 Obtaining and using identifying particulars of people in custody
and others
Schedule 1 -- Obtaining and using identifying particulars
of people in custody and others
[s. 91]
1. Interpretation
5 In this Schedule --
"identifying information", in relation to a person, means --
(a) any identifying particular obtained as a result of doing an
identifying procedure on the person;
(b) the personal details of the person obtained when the
10 identifying particular was obtained;
"identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an identifying
15 feature of the person);
(c) the person's DNA profile.
2. Identifying procedures, doing of
An identifying procedure that under this Schedule may be done on a
person, whether or not against the will of the person, must be done in
20 accordance with Part 9.
3. Prisoners on remand
(1) In this clause --
"remand prisoner" means a person who has been charged with but
not convicted of a serious offence and who has been remanded in
25 custody by a court in relation to the offence;
"serious offence" means --
(a) an offence the statutory penalty for which is or includes
imprisonment; or
page 76
Criminal Investigation (Identifying People) Bill 2000
Obtaining and using identifying particulars of people in Schedule 1
custody and others
(b) an offence under section 49, 63, 64, or 64AA of the Road
Traffic Act 1974.
(2) A police officer may order a remand prisoner to undergo an
identifying procedure for the purpose of obtaining one or more of the
5 prisoner's identifying particulars.
(3) A police officer must not make an order under subclause (2) unless
the officer reasonably suspects that any or all of the remand prisoner's
identifying particulars --
(a) are not or may not be held by the WA Police; or
10 (b) are or may be needed in order to verify the prisoner's identity
with identifying particulars already held by the WA Police.
(4) If a remand prisoner does not obey an order made under subclause (2)
a police officer may do the identifying procedure on the prisoner
against the prisoner's will.
15 (5) Identifying information of a remand prisoner --
(a) may be compared with other information, whether or not in a
forensic database, as soon as it is obtained;
(b) may be put in a forensic database as soon as it is obtained;
(c) if it is a DNA profile, may only be compared with
20 information in a DNA database in accordance with
section 74; and
(d) must be destroyed if the charge, or all charges if there are
more than one, in respect of which the prisoner was remanded
in custody are finalised without a finding of guilt and
25 destruction is requested under section 66 by or on behalf of
the prisoner.
4. Serious offenders
(1) In this clause --
"serious offender" means a person who has been found --
30 (a) guilty of a serious offence; or
page 77
Criminal Investigation (Identifying People) Bill 2000
Schedule 1 Obtaining and using identifying particulars of people in custody
and others
(b) not guilty on account of unsoundness of mind of a serious
offence;
"serious offence" means --
(a) an offence the statutory penalty for which is or includes
5 imprisonment; or
(b) an offence under section 49, 63, 64, or 64AA of the Road
Traffic Act 1974.
(2) This clause applies to a serious offender who is --
(a) in custody in a detention centre (as defined in section 3 of the
10 Young Offenders Act 1994), whether or not serving a
sentence;
(b) subject to a supervised release order made under the Young
Offenders Act 1994;
(c) in custody in a prison (as defined in the Prisons Act 1981),
15 whether or not serving a sentence;
(d) subject to an early release order made under the Sentence
Administration Act 1995 or the Sentence Administration Act
1999; or
(e) subject to a custody order made under the Criminal Law
20 (Mentally Impaired Defendants) Act 1996.
(3) A police officer may order a serious offender to whom this clause
applies to undergo an identifying procedure for the purpose of
obtaining one or more of the offender's identifying particulars.
(4) A police officer must not make an order under subclause (3) unless
25 the officer reasonably suspects that any or all of the serious offender's
identifying particulars --
(a) are not or may not be held by the WA Police; or
(b) are or may be needed in order to verify the prisoner's identity
with identifying particulars already held by the WA Police.
30 (5) If a serious offender does not obey an order made under subclause (3)
a police officer may --
page 78
Criminal Investigation (Identifying People) Bill 2000
Obtaining and using identifying particulars of people in Schedule 1
custody and others
(a) if the offender is not in custody -- without a warrant, arrest
and detain him or her for a reasonable time; and
(b) do the identifying procedure on the offender against the
offender's will.
5 (6) Identifying information of a serious offender --
(a) may be compared with other information, whether or not in a
forensic database, as soon as it is obtained;
(b) may be put in a forensic database as soon as it is obtained;
(c) if it is a DNA profile, may only be compared with
10 information in a DNA database in accordance with
section 74; and
(d) must be destroyed if the serious offender ceases to be a
serious offender and destruction is requested under section 66
by or on behalf of the offender.
15 5. Ministry of Justice CEO to assist WA Police
In order to facilitate the exercise of the powers in this Schedule, the
chief executive officer of the department principally assisting the
Minister who administers the Young Offenders Act 1994 and the
Prisons Act 1981 --
20 (a) is to provide the Commissioner of Police with such
information as the Commissioner reasonably needs;
(b) is to permit police officers to have reasonable access to
detention centres, prisons, community corrections centres and
other places under the control and management of that
25 department; and
(c) is to provide reasonable assistance to police officers.
6. Destroying identifying information
Sections 66, 67, 68 and 69, with any necessary changes, apply to and
in respect of identifying information obtained under this Schedule.
page 79
Criminal Investigation (Identifying People) Bill 2000
Schedule 2 Consequential amendments
Schedule 2 -- Consequential amendments
[s. 92]
1. Bail Act 1982
s. 12 Delete "section 50AA of the Police Act 1892." and insert
instead --
"
Parts 6 and 7 of the Criminal Investigation
(Identifying People) Act 2000.
".
2. Conservation and Land Management Act 1984
s. 124(1)(c) Delete the paragraph.
s. 124(2) Repeal the subsection and insert instead --
"
(2) The offices of ranger and conservation and land
management officer are each prescribed to be
public officers for the purposes of the Criminal
Investigation (Identifying People) Act 2000 and
as such may exercise the powers in Part 3 of
that Act.
".
s. 124(3) Repeal the subsection.
page 80
Criminal Investigation (Identifying People) Bill 2000
Consequential amendments Schedule 2
3. Court Security and Custodial Services Act 1999
Schedule 2 Repeal the subclause and insert instead --
clause 7(2) "
(2) Photographs, fingerprints, palmprints or other
identification particulars of a person in custody
that are taken under subclause (1) must be
destroyed if --
(a) within 2 years after the particulars are
obtained the person is not charged with an
offence arising out of the circumstances by
reason of which the person is in custody; or
(b) the person is so charged but the charge is
finalised without the person being found
guilty.
".
4. The Criminal Code
s. 236 In the third paragraph delete "of the person's blood, hair
(from any part of the body), nails or saliva, or".
In the third paragraph delete "or obtainable by a buccal
swab,".
After the last paragraph insert the following paragraph --
"
This section does not authorize the taking of an
identifying particular (within the meaning of
section 31 of the Criminal Investigation (Identifying
People) Act 2000) and does not apply to such an
identifying particular taken under that Act.
".
page 81
Criminal Investigation (Identifying People) Bill 2000
Schedule 2 Consequential amendments
5. Parks and Reserves Act 1895
s. 7A(1)(b) After the paragraph insert --
" and ".
s. 7A(1)(c) Delete "; and" after the paragraph and insert instead a
comma.
s. 7A(1)(d) Delete the paragraph.
After s. 7A(1) Insert the following subsection --
"
(1a) The offices of member of the Board and ranger
appointed under section 7 are each prescribed to
be public officers for the purposes of the
Criminal Investigation (Identifying People)
Act 2000 and as such may exercise the powers
in Part 3 of that Act.
".
6. Police Act 1892
s. 50 Repeal the section.
s. 50AA Repeal the section.
7. Waterways Conservation Act 1976
s. 63(7)(b) After the paragraph insert --
" and ".
s. 63(7)(c) Delete "; and" after the paragraph and insert instead a
comma.
s. 63(7)(d) Delete the paragraph.
After s. 63(7) Insert the following subsection --
"
(7a) The offices referred to in subsection (1) are
each prescribed to be public officers for the
purposes of the Criminal Investigation
(Identifying People) Act 2000 and as such may
exercise the powers in Part 3 of that Act.
".
page 82
Criminal Investigation (Identifying People) Bill 2000
Consequential amendments Schedule 2
8. Wildlife Conservation Act 1950
Before s. 20(2) Insert the following subsection --
"
(1) The office of wildlife officer is prescribed to be
a public officer for the purposes of the Criminal
Investigation (Identifying People) Act 2000 and
as such may exercise the powers in Part 3 of
that Act.
".
s. 20(2)(b) Delete the semicolon after the paragraph and insert instead a
full stop.
s. 20(2)(c) Delete the paragraph.
page 83
Criminal Investigation (Identifying People) Bill 2000
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
adult............................................................................................................ 3(1)
authorised officer ........................................................................................... 82
child............................................................................................................ 3(1)
corresponding law ..................................................................................3(1), 82
crime scene index........................................................................................... 73
database manager .......................................................................................75(1)
dentist ............................................................................................................ 47
DNA database ............................................................................................. 3(1)
doctor............................................................................................................. 47
forensic database ....................................................................................3(1), 56
forensic purpose .......................................................................................... 3(1)
identifying feature ....................................................................................... 3(1)
identifying information................................................................................... 92
identifying particular ...................................3(1), 10(1), 15, 22, 31, 44, 46(1), 92
identifying procedure................................................................................... 3(1)
illegal identifying information ....................................................................71(1)
impression................................................................................................... 3(1)
incapable person.......................................................................................... 3(1)
intimate identifying procedure ..................................................................... 3(1)
involved person ..........................................................................22, 23(1), 24(1)
JP................................................................................................................ 3(1)
IP warrant (involved person)........................................................................ 3(1)
IP warrant (suspect)..................................................................................... 3(1)
IP warrant (uninvolved person).................................................................... 3(1)
judicial officer ............................................................................................13(1)
law enforcement officer ..............................................................................10(1)
legal identifying information ......................................................................72(1)
missing persons index..................................................................................... 73
non-intimate identifying procedure .............................................................. 3(1)
nurse .............................................................................................................. 47
offence ........................................................................................................ 3(1)
offenders index............................................................................................... 73
officer ......................................................................................................... 3(1)
official details ............................................................................................. 3(1)
participating jurisdiction.........................................................................3(1), 82
personal details.................................................................................. 3(1), 14(1)
photograph .................................................................................................. 3(1)
police officer ............................................................................................... 3(1)
page 84
Criminal Investigation (Identifying People) Bill 2000
Defined Terms
private parts ................................................................................................ 3(1)
protected person .......................................................................................... 3(1)
Public Advocate .......................................................................................... 3(1)
public officer............................................................................................... 3(1)
qualified......................................................................................................... 47
reasonably suspects ..................................................................................... 3(1)
registered forensic order .............................................................................85(1)
Registrar ........................................................................................................ 82
relevant offence..........................................................................................62(1)
remand prisoner ............................................................................................. 92
remote communication ................................................................................ 3(1)
responsible person ....................................................................................... 3(1)
senior officer ............................................................................................... 3(1)
serious offence ....................................................................31, 44, 46(1), 92, 92
statistical index............................................................................................... 73
statutory penalty.......................................................................................... 3(1)
suspect .............................................................................31, 34(1), 35(1), 40(1)
suspects index ................................................................................................ 73
unknown deceased persons index.................................................................... 73
volunteer .......................................................................................... 16(1)(b)(ii)
volunteers (limited purposes) index ................................................................ 73
volunteers (unlimited purposes) index............................................................. 73
WA Police................................................................................................... 3(1)
page 85
[Index] [Search] [Download] [Related Items] [Help]