Crimes Act 1914

Part ID - Forensic procedures

View history reference

View history note

Simplified outline of operation of Part

This Part provides for forensic procedures to be carried out on:

• suspects in relation to indictable offences (Divisions 3 , 4 and 5 ); and

• offenders in relation to prescribed and serious offences (Division 6A ); and

• volunteers (Division 6B ).

If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6 .

If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7 ).

However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division 9A ).

This Part also:

• contains offences in relation to the Commonwealth DNA database system and the National Criminal Investigation DNA Database ( NCIDD ) (Division 8A ); and

• provides for the whole or a part of the Commonwealth DNA database system to be integrated with the whole or a part of one ore more State/Territory DNA database systems to form part of NCIDD (Division 8A ); and

• provides for the exchange of information in the Commonwealth DNA database system or a State/Territory DNA database system and the protection of the information that is exchanged (Division 11 ); and

• provides for the destruction of forensic material (Division 8 ).

View history note

History

Simplified outline amended by No 34 of 2018, s 3 and Sch 1 item 101, by substituting " or an international tribunal, " for " (as contemplated by the Mutual Assistance in Criminal Matters Act 1987) " , effective 22 November 2018. For application provision, see note under the definition of " authorising provision " in s 23WA(1) .

Simplified outline amended by No 7 of 2012, s 3 and Sch 3 item 70, by inserting the para relating to Div 9A, effective 20 September 2012.

Simplified outline amended by No 130 of 2006, s 3 and Sch 1 item 1, by substituting all the words from and including " This Part also " , effective 5 November 2006. No 130 of 2006, s 3 and Sch 1 item 52 contains the following transitional provision:

Transitional
52
For the purposes of the application of Part ID of the Crimes Act 1914 after 5 November 2006, a reference to the Commonwealth DNA database system is taken, in relation to a thing that happened before 5 November 2006, to include a reference to the DNA database system (within the meaning of that Act as in force immediately before 5 November 2006).

The words formerly read:

This Part also provides for:

• the establishing of a DNA database system (Division 8A ); and

• offences in relation to the DNA database system (Division 8A ); and

• the protection of information stored in the DNA database system (Division 11 ); and

• the destruction of forensic material (Division 8A ).

Simplified Outline substituted by No 22 of 2001, s 3 and Sch 1 item 4, effective 6 October 2001. The Simplified Outline formerly read:

Simplified outline of operation of Part

This Part provides for forensic procedures to be carried out on people who are suspects in relation to indictable offences.

In different circumstances, forensic procedures may be carried out on suspects:

• with the informed consent of the suspect; or

• by order of a senior constable; or

• by order of a magistrate.

If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6 .

If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7 ).

If a forensic procedure authorised by this Part is not carried out as required by this Part (in particular Division 6 ), evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7 ).

Division 11 provides for the taking of blood samples from people convicted of serious offences.

Division 12 - Review of operation of Part

View history reference

View history note

SECTION 23YV Review of operation of Part

View history reference

(1)

View history reference

The Minister must cause an independent review of:

(a) the operation of this Part; and

(b) the extent to which the forensic procedures permitted by this Part have contributed to the conviction of suspects; and

(ba) the effectiveness of independent oversight and accountability mechanisms for the DNA database system; and

View history reference

(bb) any disparities between the legislative and regulatory regimes of the Commonwealth and participating jurisdictions for the collection and use of DNA evidence; and

View history reference

(bc) any issues relating to privacy or civil liberties arising from forensic procedures permitted by this part; and

View history reference

(c) any other matter in relation to this Part which, in the Minister's view, should be considered;

to be undertaken as soon as possible after the first anniversary of the commencement of Schedule 1 to the Crimes Amendment (Forensic Procedures) Act 2001 referred to in subsection 2(2) of that Act.

View history note

(2)
A person who undertakes the review must give the Minister a written report of the review.

(3)
The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

(4)

View history reference

In this section:

independent review
means a review undertaken by persons who:

(a) in the Minister's opinion, possess appropriate qualifications to undertake the review; and

(b) include a nominee of the Attorney-General, a nominee of the Commissioner of the Australian Federal Police, a nominee of the Director of Public Prosecutions, a nominee of the Ombudsman and a person nominated by the Information Commissioner in the performance of the privacy functions (within the meaning of the Australian Information Commissioner Act 2009 ).

View history note

(5)

View history reference

If a written report tabled under subsection (3) identifies inadequacies in respect of the matters referred to in subsection (1):

(a) the Minister must cause persons to commence, no later than 1 November 2009, a further independent review to ascertain whether the inadequacies have been effectively dealt with; and

View history reference

(b) subsections (2), (3) and (4) apply in relation to the report of that further review in the same manner as they apply in respect of the report of the original review.

View history note

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.