New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 81F

81F Circumstances in which Magistrate may order carrying out of forensic procedure on child under 10 years of age

(1) A Magistrate may order the carrying out of a forensic procedure on a child, but only for the following purposes--

(a) to investigate an offence,

(b) to assist in locating or identifying a missing person,

(c) to assist in identifying a deceased person.

(2) In determining whether to make an order under this section, the Magistrate is to take into account the following--

(a) the age of the child,

(b) the best interests of the child,

(c) so far as can be ascertained, whether the child understands what will be involved in carrying out the forensic procedure and any wishes of the child with respect to whether the forensic procedure should be carried out,

(d) any wishes expressed by the parent or guardian of the child with respect to whether the forensic procedure should be carried out,

(e) any submissions or evidence presented to the Magistrate by an Australian legal practitioner on behalf of the child,

(f) the type of forensic procedure that is proposed to be carried out,

(g) the purpose for which the forensic procedure is required,

(h) if the forensic procedure is proposed to be carried out for the purposes of the investigation of a particular offence--the seriousness of the circumstances surrounding the commission of the offence,

(i) any other matter that the Magistrate considers relevant.

(3) An order under this section may require the forensic procedure to be carried out at a time or place specified in the order.