Forensic Procedures Act 2000
55Recording, retention and removal of identifying information on DNA database system
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55 Recording, retention and removal of identifying information on DNA database system
(1) In this section –
identifying information means any information that could be used –
(a) to discover the identity of the person from whose forensic material the DNA profile was derived; or
(b) to get information about an identifiable person;
identifying period for a DNA profile means the following:
(a) except as provided by paragraphs (b) and (c) , the period of 12 months after the DNA profile is placed on the DNA database system;
(b) if the DNA profile is derived from forensic material taken from a volunteer, such period after the DNA profile is placed on the DNA database system as is agreed by the Commissioner of Police and the volunteer;
(c) if the DNA profile is derived from forensic material taken from a deceased person (not being a person who was a volunteer) whose identity is known, such period as the Commissioner of Police orders the responsible person to retain identifying information relating to the profile.
(2) A person must not intentionally or recklessly, at any time after this Act requires forensic material taken from another person under this Act to be destroyed, cause to be recorded or retained in a DNA database system any identifying information about that other person obtained from that forensic material.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
(3) The responsible person must ensure that any identifying information relating to a person from whose forensic material a DNA profile on the volunteers (unlimited purposes) index or volunteers (limited purposes) index of the DNA database system was derived is removed from the system as soon as practicable after the end of the identifying period for the profile.
Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
(4) The responsible person must ensure that any identifying information relating to a DNA profile of an offender on the serious offenders index of the DNA database system is removed from the system as soon as practicable after becoming aware that the offender has been pardoned or acquitted of the offence concerned or if the conviction has been quashed.