Part ID
-
Forensic procedures
History
Part ID (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 40, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1D
-
Forensic procedures
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
).
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
History
Div 13 renumbered as Div 12, by No 22 of 2001, s 3 and Sch 1 item 82, effective 6 October 2001.
SECTION 23YV
Review of operation of Part
(1)
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
(bb)
any disparities between the legislative and regulatory regimes of the Commonwealth and participating jurisdictions for the collection and use of DNA evidence; and
(bc)
any issues relating to privacy or civil liberties arising from forensic procedures permitted by this part; and
(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.
History
S 23YV(1) amended by No 22 of 2001, s 3 and Sch 1 items 83 and 84, by inserting paras (ba), (bb) and (bc) and substituting ``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
'
'
for ``second anniversary of the commencement of this Act
'
'
, effective 6 October 2001.
(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)
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
).
History
S 23YV(4) amended by No 51 of 2010, s 3 and Sch 5 item 16, by substituting
"
a person nominated by the Information Commissioner in the performance of the privacy functions (within the meaning of the
Information Commissioner Act 2009
)
"
for
"
nominee of the Privacy Commissioner
"
in para (b) of the definition of
"
independent review
"
, effective 1 November 2010.
S 23YV(4) amended by No 22 of 2001, s 3 and Sch 1 item 85, by substituting ``, a nominee of the Ombudsman and a nominee of the Privacy Commissioner
'
'
for ``and a nominee of the Ombudsman
'
'
, effective 6 October 2001.
(5)
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
(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.
History
S 23YV(5) amended by No 70 of 2008, s 3 and Sch 1 item 2, by substituting
"
persons to commence, no later than 1 November 2009, a further independent review
"
for
"
a further independent review to be undertaken within 2 years of the tabling of that report
"
, effective 1 July 2008
S 23YV(5) inserted by No 22 of 2001, s 3 and Sch 1 item 86, effective 6 October 2001.
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