CRIMES ACT 1914
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
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:
A person commits an offence if:
(a) the person has access to any information stored on the Commonwealth DNA database system or NCIDD or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer; and
(b) the person ' s conduct causes the disclosure of information other than as provided by this section; and
(c) the person is reckless as to any such disclosure.
Penalty: Imprisonment for 2 years.
Paragraph (1)(a) does not apply to access to information stored on NCIDD in the circumstances permitted by subsection 23YDACA(2) .
A person may only disclose information stored on the Commonwealth DNA database system or NCIDD for one or more of the following purposes:
(a) the purposes of forensic comparison in the course of a criminal investigation by a constable or other person prescribed by the regulations;
(b) the purposes of making the information available, in accordance with the regulations, to the person to whom the information relates;
(c) the purposes of administering the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system;
(d) the purposes of any arrangement mentioned in subsection 23YUD(1) or (1A) entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the Commonwealth DNA database system or a State/Territory DNA database system by law enforcement officers or by any other persons prescribed by the regulations;
(da) the purposes of assisting a foreign country or international tribunal to decide whether to make a request;
(e) the purposes of, and in accordance with, the Mutual Assistance in Criminal Matters Act 1987 , the International Criminal Court Act 2002 , the International War Crimes Tribunals Act 1995 or the Extradition Act 1988 ;
(f) the purpose of a coronial inquest or inquiry;
(g) the purposes of an investigation by the Information Commissioner or the Ombudsman of the Commonwealth or of a participating jurisdiction.
A person may only disclose information revealed by the carrying out of a forensic procedure as follows:
(a) if the person is the suspect, offender or volunteer to whom the information relates;
(b) if the information is already publicly available;
(c) in accordance with any other provision of this Part;
(d) in accordance with the Mutual Assistance in Criminal Matters Act 1987 , the International Criminal Court Act 2002 , the International War Crimes Tribunals Act 1995 or the Extradition Act 1988 ;
(e) for the purposes of the investigation of any offence or offences generally;
(f) for the purpose of a decision whether to institute proceedings for any offence;
(g) for the purpose of proceedings for any offence;
(h) for the purpose of a coronial inquest or inquiry;
(i) for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the procedure is carried out;
(ia) for the purpose of dealing with or investigating, under Part V or the Australian Federal Police Act 1979 , an AFP conduct or practices issue (within the meaning of that Act) that relates to the way in which the procedure is carried out;
(j) for the purposes of the suspect ' s, offender ' s or volunteer ' s medical treatment;
(k) for the purpose of the medical treatment of the victim of an offence that there are reasonable grounds to believe was committed by the suspect;
(l) if the suspect, offender or volunteer consents in writing to the disclosure.
This section does not apply to information that cannot be used to discover the identity of any person.