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CRIMES ACT 1914 - SECT 23XWR

Informed consent of volunteer or parent or guardian of volunteer

             (1)  A volunteer, or parent or guardian of a volunteer, gives informed consent in accordance with this section if the volunteer, parent or guardian consents in the presence of an independent person (not being a constable) after a constable informs the volunteer, parent or guardian, in accordance with the regulations, of the following matters:

                     (a)  the way in which the forensic procedure is to be carried out;

                     (b)  that the volunteer is under no obligation to undergo the forensic procedure;

                     (c)  that the forensic procedure may produce evidence that might be used in a court of law;

                     (d)  to the extent that they are relevant, the matters specified in subsection (2);

                     (e)  that the volunteer, parent or guardian may consult a legal practitioner of the volunteer's, parent's or guardian's choice before deciding whether or not to consent to the forensic procedure;

                      (f)  that the volunteer, parent or guardian may at any time withdraw consent to:

                              (i)  the volunteer undergoing the forensic procedure; or

                             (ii)  retention of the forensic material taken; or

                            (iii)  retention of information obtained from the analysis of that material.

             (2)  The constable must inform the volunteer, or parent or guardian of the volunteer, of the following:

                     (a)  that information obtained from analysis of forensic material taken from a person under this Division, and as to the identity of the person, may be placed on the Commonwealth DNA database system;

                     (b)  that the information will be stored on the volunteers (limited purposes) index of that system unless the volunteer (or, in the case of a volunteer who is a child or an incapable person, the parent or guardian of the volunteer) chooses for the information to be stored on the volunteers (unlimited purposes) index of that system; and

                   (ba)  if the information is placed on the volunteers (limited purposes) index--the purpose for which the information is placed on the index and that the information may only be used for that purpose;

                     (c)  if the information is placed on the volunteers (unlimited purposes) index--that the information may be used for the purposes of a criminal investigation or any other purpose for which the Commonwealth DNA database system may be used under Division 8A;

                     (d)  that information placed on the Commonwealth DNA database system will be retained for such period as the Commissioner and the volunteer (or, in the case of a volunteer who is a child or an incapable person, a parent or guardian of the volunteer) agree and must then be removed from the system;

                   (da)  if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency (other than an agency responsible to an international tribunal)--the following:

                              (i)  the name of the foreign law enforcement agency that has made the request;

                             (ii)  that forensic evidence resulting from the forensic procedure will be provided to the foreign law enforcement agency;

                            (iii)  that the forensic evidence may be used in proceedings in the foreign country;

                            (iv)  that the retention of the forensic evidence will be governed by the laws of the foreign country;

                             (v)  that the retention of the forensic evidence will be subject to undertakings given by the foreign law enforcement agency;

                            (vi)  the content of those undertakings;

                   (db)  if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency responsible to an international tribunal--the following:

                              (i)  the name of the international tribunal for which the request was made;

                             (ii)  that forensic evidence resulting from the forensic procedure will be provided to the agency;

                            (iii)  that the forensic evidence may be used in proceedings in the international tribunal;

                            (iv)  that the retention of the forensic evidence will be governed by the rules of the international tribunal;

                             (v)  that the retention of the forensic evidence will be subject to undertakings given by the agency;

                            (vi)  the content of those undertakings;

                     (e)  any other matters prescribed by the regulations.



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