{"id":"nsw:sl-2024-0340","name":"Crimes (Forensic Procedures) Regulation 2024","slug":"crimes-forensic-procedures-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"340 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174188,"registerId":"nsw-sl-2024-0340-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Crimes (Forensic Procedures) Regulation 2024](/view/html/inforce/current/sl-2024-0340).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on 1 September 2024.\n> \n> Note—\n> \n> This regulation replaces the [Crimes (Forensic Procedures) Regulation 2014](/view/html/repealed/current/sl-2014-0449), which is repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > In this regulation—\n> > \n> > authorised person, for Part 3—see section 14.\n> > \n> > classifiable person, for Part 3—see section 14.\n> > \n> > NSW Forensic and Analytical Science Service, for Part 3—see section 14.\n> > \n> > the Act means the [Crimes (Forensic Procedures) Act 2000](/view/html/inforce/current/act-2000-059).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Aboriginal legal aid organisation","content":"#### 4 Aboriginal legal aid organisation\n\n4 Aboriginal legal aid organisation\n\n> For the Act, section 3(1), definition of Aboriginal legal aid organisation, the Aboriginal Legal Service (NSW/ACT) Limited (ACN 118 431 066) is prescribed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Responsible person","content":"#### 5 Responsible person\n\n5 Responsible person\n\n> For the Act, section 3(1), definition of responsible person, the Secretary of the Ministry of Health is declared to be the person responsible for the care, control and management of the DNA database system.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Corresponding laws","content":"#### 6 Corresponding laws\n\n6 Corresponding laws\n\n> For the Act, section 95, definition of corresponding law, paragraph (b), the following are declared to be corresponding laws—\n> \n> > (a) all of the provisions of the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory,\n> \n> > (b) the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth, Part ID,\n> \n> > (c) the Police Administration Act 1978 of the Northern Territory, Part VII, Division 7,\n> \n> > (d) the Correctional Services Act 2014 of the Northern Territory, section 52,\n> \n> > (e) the Youth Justice Act 2005 of the Northern Territory, Part 2, Division 3 and section 159,\n> \n> > (f) the Police Powers and Responsibilities Act 2000 of Queensland, Chapter 17,\n> \n> > (g) all of the provisions of the Criminal Law (Forensic Procedures) Act 2007 of South Australia,\n> \n> > (h) all of the provisions of the Forensic Procedures Act 2000 of Tasmania,\n> \n> > (i) the Crimes Act 1958 of Victoria, Part III, Division 1, Subdivision (30A),\n> \n> > (j) all of the provisions of the Criminal Investigation (Identifying People) Act 2002 of Western Australia.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Consent to forensic procedures","content":"# Part 2 Consent to forensic procedures\n\nPart 2 Consent to forensic procedures","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Form of consent—serious indictable offender","content":"#### 7 Form of consent—serious indictable offender\n\n7 Form of consent—serious indictable offender\n\n> For the Act, section 72(a), the following are prescribed—\n> \n> > (a) the name of the serious indictable offender giving consent to the carrying out of the forensic procedure,\n> \n> > (b) a description of the procedure,\n> \n> > (c) the name of the police officer who requested the consent,\n> \n> > (d) whether the police officer has informed the offender, personally or in writing, of the matters set out in the Act, section 69,\n> \n> > (e) whether the offender has been given the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the offender’s choice.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Form of consent—untested former offender","content":"#### 8 Form of consent—untested former offender\n\n8 Form of consent—untested former offender\n\n> For the Act, section 75J(a), the following are prescribed—\n> \n> > (a) the name of the untested former offender giving consent to the carrying out of the forensic procedure,\n> \n> > (b) a description of the procedure,\n> \n> > (c) the name of the police officer who requested the consent,\n> \n> > (d) whether the police officer has informed the former offender, personally or in writing, of the matters set out in the Act, section 75H,\n> \n> > (e) whether the former offender has been given the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the former offender’s choice.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Form of consent—untested registrable person","content":"#### 9 Form of consent—untested registrable person\n\n9 Form of consent—untested registrable person\n\n> For the Act, section 75Z(a), the following are prescribed—\n> \n> > (a) the name of the untested registrable person giving consent to the carrying out of the forensic procedure,\n> \n> > (b) a description of the procedure,\n> \n> > (c) the name of the police officer who requested the consent,\n> \n> > (d) whether the police officer has informed the registrable person, personally or in writing, of the matters set out in the Act, section 75X,\n> \n> > (e) whether the registrable person has been given the opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the registrable person’s choice.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Informed consent—volunteer or volunteer’s parent or guardian","content":"#### 10 Informed consent—volunteer or volunteer’s parent or guardian\n\n10 Informed consent—volunteer or volunteer’s parent or guardian\n\n> For the Act, section 77(2)(e), the following are prescribed matters—\n> \n> > (a) that the DNA database system includes the following indexes relevant to volunteers—\n> > \n> > > (i) a volunteers (limited purposes) index,\n> > \n> > > (ii) a volunteers (unlimited purposes) index,\n> > \n> > > (iii) a missing persons index,\n> \n> > (b) that if consent is given, restrictions will apply to the indexes, if any, on which information obtained from the analysis of forensic material taken from the volunteer may be placed.\n> > \n> > Note—\n> > \n> > See section 12.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Form of consent—volunteer or volunteer’s parent or guardian","content":"#### 11 Form of consent—volunteer or volunteer’s parent or guardian\n\n11 Form of consent—volunteer or volunteer’s parent or guardian\n\n> For the Act, section 78(a), the following are prescribed—\n> \n> > (a) the name of the person giving consent to the carrying out of the forensic procedure,\n> \n> > (b) a description of the procedure,\n> \n> > (c) the name of the police officer who has requested the consent,\n> \n> > (d) the name of the independent person in whose presence the consent is given,\n> \n> > (e) whether the police officer has informed the person, personally or in writing, of the matters set out in the Act, section 77,\n> \n> > (f) the index or indexes of the DNA database system, if any, on which the police officer intends to place information obtained from the analysis of forensic material taken from the volunteer.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Placement of volunteer’s information on DNA database system—the Act, s 118(2)(a)","content":"#### 12 Placement of volunteer’s information on DNA database system—the Act, s 118(2)(a)\n\n12 Placement of volunteer’s information on DNA database system—the Act, s 118(2)(a)\n\n> > (1) If, before a volunteer, or a parent or guardian of a volunteer, gives consent to the carrying out of a forensic procedure under the Act, Part 8, the police officer informs the volunteer, or parent or guardian, that—\n> > \n> > > (a) the police officer intends to place the volunteer’s information on one or more specified indexes of the DNA database system, the information—\n> > > \n> > > > (i) must only be placed on the specified index or indexes, and\n> > > \n> > > > (ii) must not be placed on another index, or\n> > \n> > > (b) the police officer does not intend to place the volunteer’s information on a specified index, the information must not be placed on the specified index.\n> \n> > (2) If the police officer does not inform the volunteer, or parent or guardian, of the police officer’s intentions about the placement of the volunteer’s information on the DNA database system, the information must not be placed on any index of the system.\n> \n> > (3) In this section—\n> > \n> > volunteer’s information, for a volunteer, means the information obtained from the analysis of forensic material taken from the volunteer under the Act, Part 8.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Form of consent—parent or guardian of child under 10 years of age","content":"#### 13 Form of consent—parent or guardian of child under 10 years of age\n\n13 Form of consent—parent or guardian of child under 10 years of age\n\n> For the Act, section 81C(4)(a), the following are prescribed—\n> \n> > (a) the name of the parent or guardian giving consent to the carrying out of the forensic procedure,\n> \n> > (b) a description of the procedure,\n> \n> > (c) the name of the police officer who has requested the consent,\n> \n> > (d) the name of the independent person in whose presence the consent is given,\n> \n> > (e) whether the police officer has informed the parent or guardian, personally or in writing, of the matters set out in the Act, section 81C(3),\n> \n> > (f) a statement that the parent or guardian was informed that, under the Act, section 81M(2)—\n> > \n> > > (i) a DNA profile derived from forensic material taken from a child may only be placed on the following indexes of the DNA database system—\n> > > \n> > > > (A) the volunteers (limited purposes) index,\n> > > \n> > > > (B) the missing persons index,\n> > > \n> > > > (C) the unknown deceased persons index, and\n> > \n> > > (ii) if placed on an index, the DNA profile of the child may only be matched with another DNA profile on an index of the DNA database system if the matching is for a purpose for which the DNA profile of the child was placed on the index.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Access to and disclosure of certain information","content":"# Part 3 Access to and disclosure of certain information\n\nPart 3 Access to and disclosure of certain information","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Definitions","content":"#### 14 Definitions\n\n14 Definitions\n\n> In this part—\n> \n> authorised person, in relation to accessing information stored on the DNA database system, means a person authorised by the responsible person under the Act, section 92(2).\n> \n> classifiable person means a person who is a serious indictable offender on whom a forensic procedure has been carried out under the Act, Part 7.\n> \n> NSW Forensic and Analytical Science Service means the NSW Forensic and Analytical Science Service, an administrative arm of the division of the Health Administration Corporation known as NSW Health Pathology.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Access to and disclosure of information—person to whom information relates","content":"#### 15 Access to and disclosure of information—person to whom information relates\n\n15 Access to and disclosure of information—person to whom information relates\n\n> > (1) For the Act, section 92(2)(b), an authorised person may access information stored on the DNA database system for the purpose of making the information available to the person to whom the information relates if, before the information is accessed—\n> > \n> > > (a) the person to whom the information relates, or someone acting for the person, applies in writing to the responsible person to make the information available, and\n> > \n> > > (b) the applicant provides, to the satisfaction of the responsible person—\n> > > \n> > > > (i) reasonable proof of identity, and\n> > > \n> > > > (ii) if the applicant is not the person to whom the information relates—evidence the applicant is acting for the person to whom the information relates.\n> \n> > (2) For the Act, section 109(2)(b), a person may disclose information stored on the DNA database system for the purpose of making the information available to the person to whom the information relates if the information was accessed in accordance with subsection (1).","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Use of information on DNA database system","content":"#### 16 Use of information on DNA database system\n\n16 Use of information on DNA database system\n\n> > (1) For the Act, section 92(2)(j), an authorised person may access information stored on the DNA database system for the following purposes—\n> > \n> > > (a) facilitating the assessment of a claim of apparent or possible wrongful conviction for a serious indictable offence made by, or in relation to, a serious indictable offender,\n> > \n> > > (b) allowing persons acting for the NSW Forensic and Analytical Science Service to check whether the DNA profiles of the following persons are contained on the offenders index—\n> > > \n> > > > (i) a person suspected of being an untested former offender,\n> > > \n> > > > (ii) a person suspected of being an untested registrable person.\n> \n> > (2) The information accessed under subsection (1)(a) may relate to the offender or another person.\n> \n> > (3) The information accessed under subsection (1)(b) may relate to the suspected person or another person.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Disclosure of information on DNA database system","content":"#### 17 Disclosure of information on DNA database system\n\n17 Disclosure of information on DNA database system\n\n> > (1) For the Act, section 109(2)(g), a person may disclose information stored on the DNA database system for the following purposes—\n> > \n> > > (a) facilitating the assessment of a claim of apparent or possible wrongful conviction for a serious indictable offence made by, or in relation to, a serious indictable offender,\n> > \n> > > (b) allowing persons acting for the NSW Forensic and Analytical Science Service to check whether the DNA profiles of the following persons are contained on the offenders index—\n> > > \n> > > > (i) a person suspected of being an untested former offender,\n> > > \n> > > > (ii) a person suspected of being an untested registrable person,\n> > \n> > > (c) the security classification, placement or management by or under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) of a classifiable person.\n> \n> > (2) The information disclosed under subsection (1)(a) may relate to the offender or another person.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Disclosure of information revealed by forensic procedures on suspects, offenders or volunteers—the Act, s 109(3)(o)","content":"#### 18 Disclosure of information revealed by forensic procedures on suspects, offenders or volunteers—the Act, s 109(3)(o)\n\n18 Disclosure of information revealed by forensic procedures on suspects, offenders or volunteers—the Act, s 109(3)(o)\n\n> > (1) A person may disclose information revealed by the carrying out of a forensic procedure on a suspect, offender or volunteer for the purpose of analysing a sample to obtain a DNA profile to be placed on the DNA database system.\n> \n> > (2) A person may disclose information revealed by the carrying out of a forensic procedure on a classifiable person for a purpose relating to the security classification, placement or management by or under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) of the classifiable person.","sortOrder":20},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Savings","content":"#### 19 Savings\n\n19 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Crimes (Forensic Procedures) Regulation 2014](/view/html/repealed/current/sl-2014-0449), had effect under that regulation continues to have effect under this regulation.","sortOrder":22}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of the 2014 regulation. It maintains the same scope: operational details for forensic procedures and DNA database management. No significant expansion beyond the original purpose."},"complexity_factors":["Heavy reliance on defined terms from the parent Act (Crimes (Forensic Procedures) Act 2000) — the regulation repeatedly references sections like 'the Act, section 72(a)' without reproducing them","Nested cross-references — sections 15-18 authorise access/disclosure only for specific purposes defined by reference to Act sections, creating a two-layer lookup system","Multiple overlapping categories of persons — serious indictable offenders, untested former offenders, untested registrable persons, volunteers, classifiable persons, children under 10 — each with slightly different consent and disclosure rules","Conditional logic in section 12 regarding volunteer DNA placement — creates if/then/else scenarios about which database indexes may be used based on what police 'inform' the volunteer","Savings provision (section 19) preserving actions under the repealed 2014 regulation — adds temporal complexity for transitional matters"],"plain_english_summary":"This regulation sets out the practical rules for how NSW police and forensic services collect, store, and share DNA and other forensic information under the Crimes (Forensic Procedures) Act 2000.\n\n**What it does:**\n- **Prescribes who can access the DNA database** and for what purposes — including helping people who claim they were wrongfully convicted, and checking if certain offenders are already in the system.\n- **Sets out the paperwork for consent** — police must use specific forms when asking serious criminals, former offenders, sex offenders, volunteers, or parents of young children to agree to DNA sampling. The forms must record that the person was told their rights, including the right to speak to a lawyer.\n- **Restricts how volunteer DNA is used** — if you volunteer your DNA (for example, to help find a missing person), police must tell you upfront which database \"indexes\" your profile will go on, and they cannot put it on other indexes without permission.\n- **Names the responsible bodies** — the Secretary of the Ministry of Health controls the DNA database system, and the Aboriginal Legal Service is recognised as the prescribed Aboriginal legal aid organisation.\n- **Lists interstate and Commonwealth laws** that NSW recognises as \"corresponding laws\" for sharing forensic information across borders.\n\n**Who it affects:**\n- People convicted of serious crimes, former offenders, and registered sex offenders who may be required to provide DNA samples.\n- Volunteers giving DNA for limited purposes (such as missing persons investigations).\n- Parents or guardians of children under 10 whose DNA is being collected.\n- Police officers, forensic scientists, prison managers, and legal aid services.\n\n**Why it matters:**\nThis regulation protects privacy by strictly controlling how DNA information is collected, where it is stored, and who can see it. It ensures people understand what they are consenting to, and prevents misuse of sensitive genetic information — while still allowing law enforcement to use DNA for solving crimes and correcting potential wrongful convictions."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2014 regulation (commencement note, s 2) but the text does not state or show any explicit expansion or narrowing of the classes of persons, powers or types of forensic procedures covered. No substantive change of scope is indicated within this instrument itself."},"complexity_factors":["Multiple categories of persons and procedures with different requirements (serious indictable offenders, untested former offenders, untested registrable persons, volunteers, children under 10) (see ss 7–13, 13).","Detailed prescribed content for consent forms and informed-consent disclosures (ss 7–13, 10–11), creating administrative compliance burdens on police and consent takers.","Specific limits and procedural rules for placement of volunteer DNA on indexed parts of the database, including a prohibition where intent was not communicated (s 12) — requires police to state index intentions.","Access and disclosure rules tied to authorisation by the responsible person and proof requirements for applicants (s 14–16; s 15 requires written application, ID and evidence of authority).","Permitted uses of accessed data are narrowly listed (e.g. wrongful-conviction assessments, forensic checks, security classification/management) requiring purpose-limited handling (ss 16–18).","Designation of the responsible person for the DNA database system (Secretary of the Ministry of Health) and naming of an Aboriginal legal aid organisation (ss 4–5) centralises administrative decision-making.","Extensive cross-references to the principal Act and other legislation (Crimes (Forensic Procedures) Act 2000, Crimes (Administration of Sentences) Act 1999, Interpretation Act) increasing interpretive complexity.","List of declared corresponding interstate and Commonwealth laws (s 6) creates multi-jurisdictional interoperability considerations."],"plain_english_summary":"This regulation sets the practical rules for collecting, storing and sharing DNA and other forensic information in NSW. It prescribes who is responsible for the DNA database, standard consent forms and required information, limits on where volunteers’ DNA may be placed, and who may access or disclose database information and for what purposes. It affects police, forensic laboratories, people asked to give forensic samples (including volunteers and certain offenders), and organisations that manage or use the DNA database."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata and administrative information, there is no indication that the scope of this regulation has changed from its original intent. It appears to be a straightforward remake or continuation of existing forensic procedures regulations under the parent Act, with a standard sunset clause built in. No amendments or scope expansions are recorded in the single point-in-time version available."},"complexity_factors":["Limited substantive content is visible in the provided text — only metadata, status information, and administrative details are available, preventing full assessment of the regulation's operative provisions","Operates as subordinate legislation (a regulation) under a parent Act, meaning it must be read alongside the Crimes (Forensic Procedures) Act to be fully understood","Subject matter (forensic procedures) can involve technical scientific and legal concepts, potentially elevating complexity in the operative clauses","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a layer of temporal complexity for practitioners tracking its currency"],"plain_english_summary":"This regulation implements the procedural detail under the Crimes (Forensic Procedures) Act, setting how police must carry out forensic procedures (DNA, fingerprints, etc.), who may perform them, consent and record‑keeping rules, and how samples are handled and stored. It affects people subject to procedures, NSW Police and advisers, and safeguards procedural rights. It expires automatically on 1 September 2029."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-forensic-procedures-regulation-2024","history":"/api/acts/crimes-forensic-procedures-regulation-2024/history","analysis":"/api/acts/crimes-forensic-procedures-regulation-2024/analysis","conflicts":"/api/acts/crimes-forensic-procedures-regulation-2024/conflicts","importantCases":"/api/acts/crimes-forensic-procedures-regulation-2024/important-cases","documents":"/api/acts/crimes-forensic-procedures-regulation-2024/documents"}}