{"id":"criminal-law-forensic-procedures-regulations-2022","name":"Criminal Law (Forensic Procedures) Regulations 2022","slug":"criminal-law-forensic-procedures-regulations-2022","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235337,"registerId":"sa-criminal-law-forensic-procedures-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Law (Forensic Procedures) Regulations 2022","content":"South Australia\nCriminal Law (Forensic Procedures) Regulations 2022\nunder the Criminal Law (Forensic Procedures) Act 2007\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCorresponding laws (section 3 of Act)\n5\tBlood testing for communicable diseases—Notice to accused (section 20B of Act)\n6\tBlood testing for communicable diseases—Notification of results to accused (section 20B of Act)\n7\tBlood testing for communicable diseases—Notification of results to affected person (section 20B of Act)\n8\tPersons qualified to carry out forensic procedures (sections 24 and 55 of Act)\n9\tConfidentiality (section 50 of Act)\n10\tRelease and disclosure for scientific purposes—prescribed authority (section 50A of Act)\n11\tRegistration of orders (section 56 of Act)\nSchedule 1—Repeal of Criminal Law (Forensic Procedures) Regulations 2007\n1\tRepeal of Criminal Law (Forensic Procedures) Regulations 2007\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Criminal Law (Forensic Procedures) Regulations 2022.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Criminal Law (Forensic Procedures) Act 2007.\n4—Corresponding laws (section 3 of Act)\nThe following laws, as in force from time to time, are prescribed for the purposes of the definition of corresponding law in section 3(1) of the Act:\n\t(a)\tthe Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory;\n\t(b)\tPart ID of the Crimes Act 1914 of the Commonwealth;\n\t(c)\tthe Crimes (Forensic Procedures) Act 2000 of New South Wales;\n\t(d)\tPart VII Division 7 of the Police Administration Act 1978 of the Northern Territory;\n\t(e)\tPart 2 Division 3 of the Youth Justice Act 2005 of the Northern Territory;\n\t(f)\tChapter 17 of the Police Powers and Responsibilities Act 2000 of Queensland;\n\t(g)\tthe Forensic Procedures Act 2000 of Tasmania;\n\t(h)\tPart III Division 1 Subdivision 30A of the Crimes Act 1958 of Victoria;\n\t(i)\tthe Criminal Investigation (Identifying People) Act 2002 of Western Australia.\n5—Blood testing for communicable diseases—Notice to accused (section 20B of Act)\n\t(1)\tIf a forensic procedure consisting of the taking of a sample of blood is to be carried out on a person pursuant to section 20B of the Act, the authorising officer must, before the procedure is carried out—\n\t(a)\tgive the person written notice that—\n\t(i)\ta sample of the person's blood is to be taken pursuant to section 20B of the Act; and\n\t(ii)\tthe blood will be tested for communicable diseases; and\n\t(b)\tif the person is under the age of 16 years—take reasonable steps to give to the person's parent or guardian written notice of the matters set out in paragraph (a); and\n\t(c)\tinvite the person (or, if the person is under the age of 16 years, the person's parent or guardian) to nominate a medical practitioner to receive a copy of the results of the testing.\n\t(2)\tA failure to comply with a requirement of subregulation (1) in respect of a forensic procedure does not invalidate the forensic procedure or otherwise affect the authority to perform the forensic procedure and any testing on the material obtained from it.\n6—Blood testing for communicable diseases—Notification of results to accused (section 20B of Act)\n\t(1)\tIf a forensic procedure is carried out on a person pursuant to section 20B of the Act, the Commissioner of Police must take reasonable steps to notify the following persons of the results of testing for communicable diseases undertaken on the material obtained from the forensic procedure:\n\t(a)\tthe person on whom the forensic procedure was carried out;\n\t(b)\tif the person is under the age of 16 years at the time the forensic procedure is carried out—the person's parent or guardian.\n\t(2)\tThe Commissioner of Police is taken to have complied with the requirement of subregulation (1) to notify a person or the person's parent or guardian of the results of testing on provision of the results to a medical practitioner nominated by the person or the person's parent or guardian.\n7—Blood testing for communicable diseases—Notification of results to affected person (section 20B of Act)\n\t(1)\tThe Commissioner of Police must take reasonable steps to notify the following persons of the results of testing for communicable diseases undertaken on material obtained from a forensic procedure carried out pursuant to section 20B of the Act:\n\t(a)\teach affected person;\n\t(b)\tif the affected person is under the age of 16 years—the affected person's parent or guardian.\n\t(2)\tThe Commissioner of Police is taken to have complied with the requirement of subregulation (1) to notify a person or the person's parent or guardian of the results of testing on provision of the results to a medical practitioner nominated by the person or the person's parent or guardian.\n\t(3)\tIn this regulation—\naffected person in relation to a forensic procedure, means a person engaged in prescribed employment referred to in section 20B(1)(b) of the Act who likely came into contact with, or was otherwise exposed to, biological material of the person on whom the forensic procedure is carried out.\n8—Persons qualified to carry out forensic procedures (sections 24 and 55 of Act)\n\t(1)\tFor the purposes of section 24(1)(b) and 55(5) of the Act—\n\t(a)\ta person who is a registered nurse is qualified to carry out a forensic procedure of any type except the taking of a dental impression; and\n\t(b)\ta police officer or a person authorised by the Commissioner of Police is qualified to carry out a forensic procedure (other than an intrusive forensic procedure) consisting of—\n\t(i)\tthe taking of prints of the hands, fingers, feet or toes; or\n\t(ii)\tan examination of a part of a person's body; and\n\t(c)\ta person who has satisfactorily completed a course of training approved for the purpose by the Minister is qualified to carry out a forensic procedure (other than an intrusive forensic procedure) consisting of 1 or more of the following:\n\t(i)\tthe taking of a sample of hair from a person's body;\n\t(ii)\tthe taking of a sample of fingernail or toenail, or material from under a fingernail or toenail;\n\t(iii)\tthe taking of a sample of biological or other material from an external part of the body;\n\t(iv)\tthe taking of a sample by buccal swab;\n\t(v)\tthe taking of a sample of blood by finger‑prick for the purpose of obtaining a DNA profile;\n\t(vi)\tthe taking of an impression or cast of a wound.\n\t(2)\tA forensic procedure consisting of the taking of a sample of blood by finger‑prick for the purpose of obtaining a DNA profile should only be carried out by a person in accordance with subregulation (1)(c)(v) if it is not appropriate, in the circumstances, to take a sample by buccal swab for the purpose of obtaining the DNA profile.\n9—Confidentiality (section 50 of Act)\nFor the purposes of section 50(1)(p) of the Act, a purpose connected to the administration of Part 2 Division 4 of the Act is prescribed.\n10—Release and disclosure for scientific purposes—prescribed authority (section 50A of Act)\nFor the purposes of section 50A(1) of the Act, a person for the time being performing the duties, or holding or acting in the position, of Director of Forensic Science SA is a prescribed authority.\n11—Registration of orders (section 56 of Act)\n\t(1)\tThe Minister will maintain a register of orders for the purposes of section 56(2) of the Act (the Register).\n\t(2)\tThe Register—\n\t(a)\tmay be kept in electronic form; and\n\t(b)\tmust contain the following particulars in relation to each order:\n\t(i)\tthe date on which and place at which the order was made;\n\t(ii)\tthe name of the court or authority that made the order;\n\t(iii)\tthe name of the person against whom the order was made;\n\t(iv)\tthe terms of the order.\n\t(3)\tIf the Minister has entered into an arrangement with the Minister responsible for the administration of a corresponding law in accordance with section 56(2) of the Act, the Minister will, at the request of the Minister responsible for the administration of the corresponding law, register an order made under the corresponding law in the Register.\n\t(4)\tIn any proceedings an apparently genuine document purporting to be a certified copy of, or extract from, the Register will be accepted, in the absence of proof to the contrary, as proof of the matters specified in the copy or extract.\nSchedule 1—Repeal of Criminal Law (Forensic Procedures) Regulations 2007\n1—Repeal of Criminal Law (Forensic Procedures) Regulations 2007\nThe Criminal Law (Forensic Procedures) Regulations 2007 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2022\n69\nGazette 25.8.2022 p2618 \n25.8.2022: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose of operationalising the parent Act. They cover procedural details (notification requirements, qualifications, registration) that are natural extensions of the Act's framework. The 2022 version replaces the 2007 regulations without apparent expansion beyond the Act's intended scope."},"complexity_factors":["Short length (11 regulations plus schedule)","Minimal defined terms (only 2 explicit definitions: 'Act' and 'affected person')","Straightforward structure with clear headings matching the parent Act sections","Simple conditional logic (primarily age-based distinctions for under-16s)","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Practical, procedural focus rather than substantive legal tests"],"plain_english_summary":"These regulations set out the practical rules for how forensic procedures (like DNA sampling, fingerprinting, and blood tests) are carried out in South Australia under the Criminal Law (Forensic Procedures) Act 2007.\n\n**What this covers:**\n\n- **Blood testing for communicable diseases**: When police take a blood sample from someone accused of certain offences to test for diseases (like HIV or hepatitis), these rules say:\n  - The person must be given written notice before the test happens\n  - If the person is under 16, their parent or guardian must also be notified\n  - The person can nominate their own doctor to receive the results\n  - Police must tell both the accused person and any \"affected person\" (such as a police officer or emergency worker who may have been exposed to the accused's blood) about the test results\n\n- **Who can perform forensic procedures**: The regulations specify who is qualified to take samples:\n  - **Registered nurses** can do most procedures except dental impressions\n  - **Police officers** can take fingerprints and conduct external examinations\n  - **Specially trained people** can take hair samples, nail clippings, mouth swabs (buccal swabs), small blood samples by finger-prick, and wound impressions\n\n- **Confidentiality and scientific use**: The regulations allow forensic material to be used for scientific research purposes and designate the Director of Forensic Science SA as the person who can authorise such releases.\n\n- **Register of orders**: The Minister must keep a register of court orders made under this law, including details of who the order was against and what it required.\n\n- **Corresponding laws**: The regulations list equivalent laws from other Australian states and territories, which matters for recognising orders made interstate.\n\n**Why this matters:**\nThese rules protect people's rights by ensuring they're properly informed before intrusive procedures happen, while also making sure police and emergency workers know if they've been exposed to serious diseases. They also ensure only properly trained people perform these sensitive procedures."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations repeal the 2007 regulations and replace them with updated procedural prescriptions (Schedule 1). They do not create new statutory powers in the Act but change administrative implementation by prescribing notification procedures, practitioner qualifications and a Minister‑maintained register (rr.5–8, 11), shifting specific compliance and record‑keeping obligations to administering agencies."},"complexity_factors":["Narrow, procedural subject‑matter limited to implementation details rather than substantive criminal law changes","Cross‑jurisdictional list of corresponding laws requiring maintenance and legal alignment (r.4)","Multiple notification and record‑keeping duties imposed on police/authorising officers (rr.5–7)","Specified qualifications for personnel and ministerial approval of training introduce administrative discretion (r.8)","Register requirements and evidentiary effect for certified extracts create procedural safeguards and administrative burden (r.11)","Repeal and replacement of prior regulations requires transitional administrative action (Schedule 1)"],"plain_english_summary":"These regulations set detailed procedures under the Criminal Law (Forensic Procedures) Act 2007. They prescribe corresponding interstate laws, require written notice and result‑notification for blood testing for communicable diseases, define who may perform specified forensic procedures, and require the Minister to keep a register of orders while repealing the 2007 regulations. They mainly affect police/authorising officers (who must give notices and notify results, rr.5–7), accused and affected persons (who receive results), medical practitioners (may receive results), and the Minister (who approves training and maintains the register)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this regulation changed from its original intent, as no legislative text was available for analysis. The title suggests it is subordinate legislation (regulations) made under a parent Act dealing with forensic procedures in criminal law, but no content could be examined."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation sets rules for forensic procedures in criminal matters — e.g., DNA, fingerprints and bodily samples — made under authority of a parent Act. It affects police, suspects and accused persons, convicted offenders, and sometimes victims.\n\nIt matters because it governs who can authorise and carry out procedures, how they must be performed, and how samples and data are handled and used in investigations and prosecutions."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-forensic-procedures-regulations-2022","history":"/api/acts/criminal-law-forensic-procedures-regulations-2022/history","analysis":"/api/acts/criminal-law-forensic-procedures-regulations-2022/analysis","conflicts":"/api/acts/criminal-law-forensic-procedures-regulations-2022/conflicts","importantCases":"/api/acts/criminal-law-forensic-procedures-regulations-2022/important-cases","documents":"/api/acts/criminal-law-forensic-procedures-regulations-2022/documents"}}