What it does
The Crimes (Forensic Procedures) Act 2000 (NSW) establishes a comprehensive statutory regime governing the authorisation, conduct, recording, use, retention, and destruction of forensic procedures. A forensic procedure is defined in s 3(1) as an intimate or non-intimate procedure but excludes intrusions into body cavities (other than the mouth) or samples taken solely for identity purposes. Intimate procedures (s 3(1)) include external examination of private parts, other-administered buccal swabs, blood samples, pubic hair samples, swabs or washings from private parts, vacuum suction or tape lifting from private parts, dental impressions, photographs of private parts, or impressions of wounds on private parts. Non-intimate procedures (s 3(1)) include external examinations requiring touching or clothing removal (other than private parts), self-administered buccal swabs, non-pubic hair samples, nail samples, external swabs or tape lifts (other than private parts), hand/finger/foot/toe prints, photographs (other than private parts), wound impressions (other than private parts), or body measurements.
The Act is structured in 15 Parts. Part 1 contains preliminary provisions, including extensive definitions (s 3) and rules for interview friends (s 4) and appropriately qualified persons (s 4A, inserted 2023). Part 2 provides a summary table of authorisation methods and time limits for procedures on suspects. Part 3 authorises procedures on adult suspects (not children or incapable persons) with informed consent (s 7), requiring police to ask if the suspect identifies as Aboriginal or Torres Strait Islander (s 8) and to provide specific information (ss 9-13). Consent may be withdrawn (s 14), and the process must be recorded (s 15). Time limits apply (s 16).
Part 4 permits senior police officers to order non-intimate procedures on arrested suspects who have refused consent (ss 17-21), with specific matters to be considered (s 20) and recording requirements (s 21). Part 5 allows a Judge or authorised officer to order any procedure on suspects (including children or incapable persons) where consent is refused or unavailable (ss 22-43), with detailed provisions for final orders (s 24), applications (s 26), repeated procedures (s 27), securing attendance (ss 28-29), hearing procedures (s 30), interim orders where evidence may be lost (ss 32-38), and time limits (ss 39-42). Restrictions on publication of suspect identities apply (s 43), and false or misleading information in applications is an offence (s 43A).