Crimes Amendment (DNA Database) Act 2007

Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions 3 5 Computerised databases 4 6 DNA database system heading 4 7 Use of information on DNA database system 4 8 Permissible matching of DNA profiles 5 9 Recording, retention and removal of identifying information on DNA database system 6 10 Disclosure of information 8 11 Database information 9 464ZGN Arrangements for transmission of information on DNA database 9 12 Transitional provisions 11 608 Transitional provisions—Crimes Amendment (DNA Database) Act 2007 11 13 Repeal of Act 12 ═══════════════ ENDNOTES 13 i -- 1 of 14 -- Victoria Crimes Amendment (DNA Database) Act 2007† No. 32 of 2007 [Assented to 24 July 2007] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Crimes Act 1958 to enable national automatic matching of data on DNA databases by— (a) providing for the legal recognition of the National Criminal Investigation DNA Database (NCIDD) as a separate entity and to distinguish it from the Victorian DNA database and DNA databases kept by other jurisdictions; and 1 -- 2 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 2 (b) changing the matching table that governs which types of DNA samples may be compared with other DNA samples, and to remove anomalies and broaden the ranges of permissible matches; and (c) broadening the Minister's powers to enter into agreements with other jurisdictions in relation to the sharing of DNA data and ensuring the powers are broad enough to allow the NCIDD to operate to its full capacity and match samples automatically; and (d) updating the oversight and enforcement powers for DNA databases; and (e) making consequential amendments to ensure other provisions of the Crimes Act 1958 are consistent with the new arrangements. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act In this Act, the Crimes Act 1958 is called the Principal Act. See: Act No. 6231/1958. Reprint No. 19 as at 1 December 2006 and amending Act Nos 16/2004, 97/2005, 23/2006, 48/2006 and 50/2006. LawToday: www. legislation. vic.gov.au Principal Act 2 -- 3 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 4 4 Definitions (1) In section 464(2) of the Principal Act for the definition of DNA database substitute— "DNA database means— (a) the Victorian DNA database; or (b) NCIDD; or (c) another DNA database system that is kept under a corresponding law of a participating jurisdiction;". (2) In section 464(2) of the Principal Act insert the following definitions— ''CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth; National Criminal Investigation DNA Database means the DNA database system that— (a) is known as the National Criminal Investigation DNA Database; and (b) is managed by the Commonwealth; NCIDD means the National Criminal Investigation DNA Database; responsible person, in relation to a DNA database, means the person responsible for the care, control and management of the system; Victorian DNA database means the DNA database system kept under section 464ZFD;". 3 -- 4 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 5 5 Computerised databases (1) For the heading to section 464ZFD of the Principal Act substitute— "Victorian DNA database". (2) Immediately before section 464ZFD(1) of the Principal Act insert— "(1AA) The Chief Commissioner of Police may keep a DNA database system.". (3) In section 464ZFD(1) of the Principal Act for "a computerised database" substitute "the DNA database system kept under subsection (1AA)". (4) In section 464ZFD(2) of the Principal Act for "a DNA database" substitute "the DNA database system kept under subsection (1AA)". 6 DNA database system heading In the heading immediately before section 464ZGG of the Principal Act for "system" substitute "systems". 7 Use of information on DNA database system (1) In section 464ZGH (including the heading) of the Principal Act for "DNA database system" (wherever occurring) substitute "Victorian DNA database". (2) For section 464ZGH(2)(d) of the Principal Act substitute— "(d) in accordance with an arrangement entered into under section 464ZGN;". 4 -- 5 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 8 (3) For section 464ZGH(2)(g)(iii) of the Principal Act substitute— "(iii) the Ombudsman appointed under the Ombudsman Act 1973; or (iv) the Director, Police Integrity within the meaning of the Police Regulation Act 1958.". 8 Permissible matching of DNA profiles (1) For section 464ZGI(1) of the Principal Act and the Table that follows that subsection substitute— '(1) A matching of a DNA profile on an index of the Victorian DNA database specified in column 1 of the following Table with a DNA profile on another index of the database specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is not permitted by this Subdivision if— (a) "only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1; and (b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed. 5 -- 6 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 9 TABLE Profile to be matched Is matching permitted? Column 1 Column 2 Crime Scene Column 3 Suspects Column 4 Volunteers (limited purposes) Column 5 (Volunteers (unlimited purposes) Column 6 Serious offenders Column 7 Missing persons Column 8 Unknown deceased persons 1. crime scene yes yes only if within purpose yes yes yes yes 2. suspects yes yes only if within purpose yes yes yes yes 3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes 5. serious offenders yes yes only if within purpose yes yes yes yes 6. missing persons yes yes only if within purpose yes yes yes yes 7. unknown deceased persons yes yes only if within purpose yes yes yes yes '. (2) In sections 464ZGI(2) and (3) of the Principal Act for "the DNA database system" (wherever occurring) substitute "the Victorian DNA database". 9 Recording, retention and removal of identifying information on DNA database system (1) In section 464ZGJ (including the heading) of the Principal Act for "DNA database system" (wherever occurring) substitute "DNA database". 6 -- 7 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 9 (2) In section 464ZGJ(1) of the Principal Act for the definition of identifying information substitute— "identifying information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database;". (3) In section 464ZGJ(1) of the Principal Act, in the definition of identifying period for "a DNA profile" substitute "identifying information". (4) In section 464ZGJ(1) of the Principal Act, in the definition of identifying period for "the DNA profile" (wherever occurring) substitute "the information". (5) In section 464ZGJ(1) of the Principal Act, in paragraph (c) of the definition of identifying period for "identifying information relating to the profile" substitute "the information". (6) In section 464ZGJ(1) of the Principal Act the definition of responsible person is repealed. (7) In section 464ZGJ(2) of the Principal Act omit "obtained from forensic material". (8) In section 464ZGJ(3) of the Principal Act omit "relating to a DNA profile". (9) In section 464ZGJ(3) and (4) for "the system" substitute "the database". (10) In section 464ZGJ(3) of the Principal Act for "the profile" substitute "the information". (11) In section 464ZGJ(4) of the Principal Act omit "a DNA profile of". 7 -- 8 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 10 10 Disclosure of information (1) In the heading to section 464ZGK of the Principal Act for "information" substitute "Victorian information". (2) For section 464ZGK(1)(a) of the Principal Act substitute— "(a) has access to Victorian information; and". (3) In section 464ZGK(1)(b) of the Principal Act for "disclosure of information" substitute "disclosure of the Victorian information". (4) In section 464ZGK(2) of the Principal Act, for "information stored on the DNA database system" substitute "Victorian information stored on a DNA database". (5) For sections 464ZGK(2)(c) and (d) of the Principal Act substitute— "(c) administering the DNA database; (d) in accordance with an agreement entered into under section 464ZGN;". (6) For section 464ZGK(2)(g)(iii) of the Principal Act substitute— "(iii) the Ombudsman appointed under the Ombudsman Act 1973; or (iv) the Director, Police Integrity within the meaning of the Police Regulation Act 1958; or (v) an authority of a participating jurisdiction, but only if the authority would be entitled to the information if it were held on the participating jurisdiction's DNA database.". (7) In section 464ZGK(3) of the Principal Act for "disclose information" substitute "disclose Victorian information". 8 -- 9 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 11 (8) In section 464ZGK(4) of the Principal Act for "information" substitute "Victorian information". (9) After section 464ZGK(4) of the Principal Act insert— "(5) In this section— Victorian information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database.". 11 Database information For section 464ZGN of the Principal Act substitute— "464ZGN Arrangements for transmission of information on DNA database (1) The Minister may enter into an arrangement with the responsible Minister for a participating jurisdiction, under which— (a) information from the Victorian DNA database is to be transmitted to the responsible person for the DNA database of the participating jurisdiction for the purposes of— (i) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of the participating jurisdiction; or (ii) the identification of missing or deceased persons; and (b) information from the DNA database of the participating jurisdiction is to be transmitted to the Chief Commissioner of Police for the purposes of— 9 -- 10 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 11 (i) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of the participating jurisdiction; or (ii) the identification of missing or deceased persons. (2) The Minister may enter into an arrangement with CrimTrac, under which— (a) information from the Victorian DNA database is to be transmitted to CrimTrac for the purposes of— (i) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of a participating jurisdiction; or (ii) the identification of missing or deceased persons; and (b) information from CrimTrac is to be transmitted to the Chief Commissioner of Police for the purposes of— (i) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of a participating jurisdiction; or (ii) the identification of missing or deceased persons. (3) Without limiting subsection (2), an arrangement made under that subsection may provide for CrimTrac— (a) to compare information from the Victorian DNA database with information supplied to it from the 10 -- 11 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 12 DNA database of another participating jurisdiction; and (b) to identify to the Chief Commissioner of Police and the responsible person for the DNA database of the participating jurisdiction any matches that are found as a result of the comparison. (4) An arrangement entered into under this section may not authorise the comparison of information so as to match DNA profiles in a way that would contravene section 464ZGI were the information contained wholly within the Victorian DNA database. Notes 1 Information that is transmitted under this section must not be recorded or maintained in any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person at any time after the time for destruction of the forensic material that is required by this Subdivision or a corresponding law of a participating jurisdiction. See section 464ZGJ. 2 A person who has access to information from the Victorian DNA database must not disclose the information other than in limited, specified circumstances. See section 464ZGK.". 12 Transitional provisions After section 607 of the Principal Act insert— "608 Transitional provisions—Crimes Amendment (DNA Database) Act 2007 (1) An amendment made to this Act by the Amendment Act applies only to offences alleged to have been committed on or after the commencement of that Act. 11 -- 12 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 s. 13 (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of the Amendment Act, the offence is alleged to have been committed before the commencement of that Act. (3) On the commencement of the Amendment Act, a computerised database or DNA database kept under section 464ZFD before that commencement is taken to be the DNA database system kept under section 464ZFD(1AA) by the Chief Commissioner of Police. (4) A matching of a DNA profile made in accordance with the Table to section 464ZGI before the commencement of the Amendment Act continues on and after that commencement as if the matching had occurred in accordance with the Table as in force after that commencement. (5) An arrangement under section 464ZGN in force immediately before the commencement of the Amendment Act continues in force on the same terms and conditions and for the same period after that commencement as if it had been entered into under section 464ZGN as in force after that commencement. (6) In this section— Amendment Act means the Crimes Amendment (DNA Database) Act 2007.". 13 Repeal of Act This Act is repealed on the first anniversary of its commencement. ═══════════════ 12 -- 13 of 14 -- Crimes Amendment (DNA Database) Act 2007 No. 32 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 May 2007 Legislative Council: 21 June 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 in relation to DNA databases and for other purposes." 13 -- 14 of 14 --