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Crimes (Forensic Procedures) Act 2000
80Informed consent of volunteer or parent, guardian or
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80 Informed consent of volunteer or parent, guardian or
close associate of volunteer
(1) A volunteer, or a parent, guardian or close associate of a volunteer,
gives informed consent in accordance with this section if the
volunteer, parent, guardian or close associate consents in the presence
of an independent person who is not a police officer after a police
officer informs the volunteer, parent, guardian or close associate
(orally or in writing) about the following:
(a) how the forensic procedure is to be carried out;
(b) that the volunteer, parent, guardian or close associate may
request that a doctor of the person’s choice be present while an
intimate forensic procedure (other than the taking of a dental
impression) is carried out or a sample of saliva or sample by
buccal swab is taken;
(c) if the forensic procedure is the taking of a dental impression,
sample of saliva or sample by buccal swab—that the volunteer,
parent, guardian or close associate may request that a dentist of
the person’s choice be present while the procedure is carried out;
(d) that the volunteer is under no obligation to undergo the forensic
procedure;
(e) that the forensic procedure may produce evidence that might be
used in a court of law;
(f) that the volunteer, parent, guardian or close associate may
consult a lawyer of his or her choice before deciding whether or
not to consent to the forensic procedure;
(g) that if the volunteer, parent, guardian or close associate consents
to the forensic procedure—
(A) the consent is also consent to the retention of forensic
material taken and information obtained from analysis of
the material; and
(B) the chief police officer and the volunteer, parent, guardian
or close associate may set a period for which the material
or information may be retained, but it must then be
destroyed unless a magistrate orders retention under
section 84;
Note See s 80A (Consent to retention of forensic material taken etc).
(h) that the volunteer, parent, guardian or close associate may at any
time withdraw consent to the volunteer’s undergoing the
forensic procedure or to retention of the forensic material taken
or of information obtained from the analysis of the material;
(i) to the extent that they are relevant, the matters mentioned in
subsection (3).
(2) However, an independent person must not be present as mentioned in
subsection (1) if the volunteer, parent, guardian or close associate
requests that an independent person not be present.
(3) The police officer must inform the volunteer, or parent, guardian or
close associate of the volunteer, about the following:
(a) that information obtained from analysis of forensic material
taken from a person under this part, and about the identity of the
person, may be placed on the ACT DNA database, and that the
information may be compared with information from the DNA
databases of other participating jurisdictions;
(b) if the police officer intends the information to be placed on the
volunteers (limited purposes) index—the purpose for which it is
to be placed on the index, and that the information may be used
only for that purpose;
(c) if the police officer intends the information to be placed on the
volunteers (unlimited purposes) index—that the information
may be used for a criminal investigation or any other purpose
for which the ACT DNA database may be used;
Note Pt 2.11 and pt 2.13 set out the purposes for which the database may
be used.
(d) anything else prescribed by regulation.