Crimes (DNA Database) Act 2002

i Crimes (DNA Database) Act 2002 Act No. 16/2002 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Headings inserted 2 5. Definitions inserted 3 6. Informed consent 7 7. Procedure for taking mouth scrapings 8 8. Execution of order for mouth scraping 9 9. Evidence relating to forensic procedures 9 10. Forensic procedure after forensic sample offence 10 11. New section 464ZFAA inserted 10 464ZFAA. Notice to attend for forensic procedure 10 12. Warrant in event of non-attendance 13 13. Retention of sample following finding of guilt 15 14. Computerised databases 15 15. Information given to volunteers 16 16. New headings and sections 464ZGG to 464ZGO inserted 16 DNA database system 16 464ZGG. Supply of forensic material for purposes of DNA database 17 464ZGH. Use of information on DNA database system 18 464ZGI. Permissible matching of DNA profiles 19 464ZGJ. Recording, retention and removal of identifying information on DNA database system 21 464ZGK. Disclosure of information 23 Inter-jurisdictional enforcement 26 464ZGL. Registration of orders 26 464ZGM. Carrying out of registered orders 26 464ZGN. Database information 27 464ZGO. Taking, retention and use of forensic material authorised by laws of other jurisdictions 28 17. Relevant suspect 29 18. Forensic sample offences 29 -- 1 of 34 -- Section Page ii 19. New section 596 inserted 30 596. Transitional provisions—Crimes (DNA Database) Act 2002 30 ═══════════════ ENDNOTES 32 -- 2 of 34 -- 1 Crimes (DNA Database) Act 2002 † [Assented to 21 May 2002] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Crimes Act 1958— (a) to facilitate participation in the national DNA database system; and (b) to amend procedures for the obtaining, use and retention of forensic samples. Victoria No. 16 of 2002 -- 3 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 2 2. Commencement (1) This Act (except section 18(2)) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 18(2) is deemed to have come into operation on the commencement of section 16(1)(c) of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001. 3. Principal Act In this Act, the Crimes Act 1958 is called the Principal Act. 4. Headings inserted In the Principal Act— (a) after section 464J insert— "Fingerprinting"; (b) after section 464Q insert— "Forensic procedures"; (c) before section 464ZH insert— "General". s. 2 See: Act No. 6231. Reprint No. 15 as at 1 September 1999 and amending Act Nos 26/1999, 53/2000, 67/2000, 74/2000, 86/2000, 92/2000, 45/2001, 58/2001, 61/2001 and 69/2001. LawToday: www.dms. dpc.vic. gov.au -- 4 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 3 5. Definitions inserted In section 464(2) of the Principal Act, insert the following definitions— ' "appropriate authority" means— (a) in relation to the Commonwealth or the Australian Capital Territory—the Commissioner (within the meaning of section 23WA of the Crimes Act 1914 of the Commonwealth) of the Australian Federal Police or any other prescribed authority; or (b) in relation to any other participating jurisdiction—an authority exercising, in relation to the police force of that jurisdiction, functions corresponding to those of the Chief Commissioner of Police or any other prescribed authority; "corresponding law" means a law relating to the carrying out of forensic procedures and DNA databases that— (a) substantially corresponds to this Subdivision; or (b) is prescribed for the purposes of this definition; "crime scene index" means an index of DNA profiles derived from forensic material found or other material found— (a) at any place (whether within or outside Victoria) where an offence (whether under the law of Victoria or of a participating jurisdiction) was, or is reasonably suspected of having been, committed; or s. 5 -- 5 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 4 (b) on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or (c) on an object or person reasonably believed to have been associated with the commission of the offence; "DNA database" means— (a) in relation to Victoria—the DNA database referred to in section 464ZFD or the DNA database system; and (b) in relation to a participating jurisdiction—a DNA database system that is kept under a corresponding law of the participating jurisdiction; "DNA database system" means a database (whether in computerised or other form and however described) containing— (a) one or more of the following indexes of DNA profiles— (i) a crime scene index; (ii) a missing persons index; (iii) an unknown deceased persons index; (iv) a serious offenders index; (v) a volunteers (unlimited purposes) index; (vi) a volunteers (limited purposes) index; s. 5 -- 6 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 5 (vii) a suspects index— and information that may be used to identify the person from whose forensic material each DNA profile was derived; and (b) a statistical index; and (c) any other prescribed index; "forensic material" means any material— (a) from which a DNA profile may be derived; and (b) which is obtained from samples taken or procedures conducted in accordance with this Subdivision— but does not include a sample taken for the sole purpose of establishing the identity of the person from whom it is taken; "missing persons index" means an index of DNA profiles, derived from forensic material, of— (a) persons who are missing; and (b) volunteers who are relatives by blood of missing persons; "participating jurisdiction" means the Commonwealth, another State or a Territory in which there is a corresponding law in force; "responsible Minister", in relation to a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law; s. 5 -- 7 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 6 "serious offenders index" means an index of DNA profiles derived from forensic material taken from— (a) offenders in accordance with section 464ZF, or under a corresponding law of a participating jurisdiction; and (b) suspects who have been convicted of— (i) an offence and an order has been made under section 464ZFB(1); or (ii) an offence in respect of which a forensic procedure may be conducted under a corresponding law of a participating jurisdiction; "statistical index" means an index of information that— (a) is obtained from the analysis of forensic material taken from persons in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; and (b) has been compiled for statistical purposes; and (c) cannot be used to discover the identity of persons from whom the forensic material was taken; "suspects index" means an index of DNA profiles derived from forensic material taken from suspects in accordance with section 464R, 464T or 464U or under a corresponding law of a participating jurisdiction; s. 5 -- 8 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 7 "unknown deceased persons index" means an index of DNA profiles of deceased persons whose identities are unknown where the DNA profile is derived from forensic material; "volunteer" means a person who volunteers to give a sample under section 464ZGB; "volunteers (limited purposes) index" means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used only for a limited purpose that is specified by the volunteer and noted on the index; "volunteers (unlimited purposes) index" means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used;'. 6. Informed consent In section 464S(1) of the Principal Act, after paragraph (e) insert— "(ea) that information obtained from analysis of forensic material obtained by the procedure will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this s. 6 -- 9 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 8 Subdivision or under a corresponding law of a participating jurisdiction; and". 7. Procedure for taking mouth scrapings (1) In section 464Z of the Principal Act, after sub- section (1) insert— "(1A) The Chief Commissioner of Police may authorise a member of the police force, or a class of members of the police force, to supervise the taking of scrapings from the mouth for the purposes of sub-section (3A).". (2) In section 464Z(2) of the Principal Act, after "(1)" insert "or (1A)". (3) In section 464Z(3)(c) of the Principal Act, for "this section" substitute "sub-section (1)". (4) In section 464Z of the Principal Act, after sub- section (3) insert— "(3A) Nothing in sub-section (3) prevents a person from whom a scraping from the mouth is to be taken from taking the scraping himself or herself under the supervision of a member of the police force authorised in accordance with sub-section (1A) if— (a) the member considers it appropriate for the person to do so; and (b) the person consents to taking the scraping and the consent is recorded by tape-recording or in writing signed by the person. (3B) The member of the police force referred to in sub-section (3A) must give or send by registered post to the person from whom a scraping is taken or his or her legal practitioner, without charge— s. 7 -- 10 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 9 (a) if the consent is tape-recorded, a copy of the tape-recording as soon as practicable but not more than 7 days after the consent is given, and, if a transcript of the tape-recording is prepared, a copy of the transcript as soon as practicable; and (b) if the consent is recorded in writing, a copy of the record forthwith.". (5) In section 464Z(6) of the Principal Act— (a) in paragraph (ab), after "physical examination and" insert ", subject to sub- section (9),"; (b) in paragraph (c), after sub-paragraph (iii) insert— " ; and (iv) a member of the police force referred to in sub-section (3A).". (6) In section 464Z of the Principal Act, after sub- section (8) insert— "(9) If a scraping is to be taken from a person's mouth and the person is to take it, the witness required by sub-section (6)(ab) to be present need not be of the same sex as the person.". 8. Execution of order for mouth scraping (1) In section 464ZA(4) of the Principal Act, after "blood sample" insert "or a scraping from a person's mouth taken by that person". (2) In section 464ZA(5) of the Principal Act, after "procedures" insert "(except a scraping from a person's mouth taken by that person)". 9. Evidence relating to forensic procedures s. 8 -- 11 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 10 In section 464ZE(1) of the Principal Act, after "(4)" insert "and section 464ZGO". 10. Forensic procedure after forensic sample offence In section 464ZF of the Principal Act, after sub- section (2) insert— "(2A) An order under sub-section (2) in respect of a person who is not a detained or protected person must include a direction that the person attend— (a) at a place; and (b) within a period, commencing after the expiry of the period referred to in sub- section (6) during which the order must not be executed— specified in the order to undergo the forensic procedure.". 11. New section 464ZFAA inserted After section 464ZF of the Principal Act insert— "464ZFAA. Notice to attend for forensic procedure (1) If a member of the police force of or above the rank of senior sergeant is satisfied that— (a) an order under section 464ZF(2) in respect of a person was made— (i) before the commencement of section 11 of the Crimes (DNA Database) Act 2002; or (ii) when the person was a detained or protected person and within the period of 6 months immediately preceding the serving of the notice s. 10 -- 12 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 11 the person ceased to be a detained or protected person; and (b) the order has not been executed; and (c) the period referred to in section 464ZF(6) during which the order must not be executed has expired— the member may serve on the person a notice in accordance with sub-sections (2) and (3). (2) A notice must direct the person to attend at a police station specified in the notice within 28 days after service of the notice to undergo the forensic procedure ordered by the court and must state— (a) the date on which the order under section 464ZF(2) was made; (b) the court which made the order; (c) that the person has not undergone the forensic procedure; (d) that if the person fails to comply with the notice, application for a warrant to arrest the person may be made without further notice to the person; (e) that the person may wish to seek legal advice as to the effect of the notice; (f) the name, rank and telephone number of the member serving the notice. (3) A copy of the order under section 464ZF(2) must be attached to and served with the notice. (4) A notice may be served on a person by— (a) delivering a true copy of the notice to the person personally; or s. 11 -- 13 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 12 (b) leaving a true copy of the notice for the person at the person's last or most usual place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years of age; or (c) posting the notice to the person at their last known place of residence or business. (5) If a notice is served by post in accordance with sub-section (4)(c), evidence of service must state the manner of ascertainment of the address to which the notice was posted and the time and place of posting. (6) If a person does not comply with a notice served under this section, a member of the police force may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under sub-section (7). (7) If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affidavit that— (a) a notice was served on a person in accordance with this section; and (b) the person has not undergone the forensic procedure— the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary— (c) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (d) to arrest the person; and s. 11 -- 14 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 13 (e) to detain the person for as long as reasonably permits the conduct of the forensic procedure. (8) Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant issued under sub-section (7) as if it were a warrant issued under section 464ZFA(1B).". 12. Warrant in event of non-attendance (1) In section 464ZFA of the Principal Act, after sub- section (1) insert— "(1A) If a court makes an order under section 464ZF(2) directing a person to undergo a forensic procedure and the person does not comply with a direction referred to in section 464ZF(2A), a member of the police force may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under sub-section (1B). (1B) If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affidavit that the person has not complied with a direction referred to in section 464ZF(2A), the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary— (a) to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and (b) to arrest the person; and (c) to detain the person for as long as reasonably permits the conduct of the forensic procedure.". (2) In section 464ZFA of the Principal Act— s. 12 -- 15 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 14 (a) in sub-section (2), after "(1)" insert "or (1B)"; (b) in sub-section (3), after "(1)" insert "or (1B)"; (c) in sub-section (4)— (i) for "(1) it must" substitute "(1) or a magistrate or registrar issues a warrant under sub-section (1B), the court, magistrate or registrar must"; (ii) in paragraph (a), for "its" substitute "the"; (d) in sub-section (5)— (i) after "court" insert ", magistrate or registrar"; (ii) for "by it" substitute "by the court, magistrate or registrar"; (e) in sub-section (6), after "(1)" insert "or (1B)". (3) In section 464ZFA of the Principal Act, after sub- section (6) insert— "(7) A member of the police force who executes a warrant issued under sub-section (1B) must, as soon as practicable after executing the warrant— (a) endorse the warrant to that effect; and (b) cause to be lodged with a registrar of the Magistrates' Court a report signed by the member and containing particulars of— (i) the date and time at which the person was arrested; s. 12 -- 16 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 15 (ii) the date and time at which the person was released from custody; (iii) the date, time and place at which the forensic procedure was conducted; (iv) the name and position of the person who conducted the forensic procedure and every other person present; (v) the type of sample taken; (vi) whether reasonable force was used to enable the forensic procedure to be conducted.". 13. Retention of sample following finding of guilt (1) In section 464ZFB(1) of the Principal Act— (a) for "within 6 months" substitute "at any time after the finding of guilt but not later than 6 months"; (b) after "may apply to" insert "the court referred to in paragraph (b) or to". (2) In section 464ZFB of the Principal Act, after sub- section (2) insert— "(2A) An order made under sub-section (1) before the expiry of the appeal period in respect of the offence or the final determination of an appeal (whichever is the later)— (a) takes effect on that expiry or final determination; and (b) has no effect if, on appeal, the finding of guilt or conviction is quashed.". 14. Computerised databases s. 13 -- 17 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 16 In section 464ZFD(2) of the Principal Act, for "computerised database" substitute "DNA database". 15. Information given to volunteers In section 464ZGB(3) of the Principal Act, for paragraph (b) substitute— "(b) that information obtained from the analysis will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; (ba) that the person may choose whether the information obtained from analysis of the sample may be used— (i) only for a limited purpose to be specified by the volunteer; or (ii) for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; (bb) that information obtained from the analysis could produce evidence to be used in a court;". 16. New headings and sections 464ZGG to 464ZGO inserted After section 464ZGF of the Principal Act insert— 'DNA database system s. 15 -- 18 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 17 464ZGG. Supply of forensic material for purposes of DNA database (1) In this section— "excluded forensic material" means forensic material— (a) found at a crime scene; or (b) taken from a suspect in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; or (c) taken from an offender under section 464ZF or 464ZGB or under a corresponding law of a participating jurisdiction; or (d) taken from the body of a deceased person; or (e) from the body of a missing person; or (f) taken from a volunteer who is a relative by blood of a deceased or missing person; "prohibited analysis" means analysis for the purpose of deriving a DNA profile for inclusion on a DNA database when the forensic material is required to be destroyed by this Subdivision or under a corresponding law of a participating jurisdiction. (2) A person— (a) whose conduct causes the supply of forensic material taken from a person under this Subdivision (or under a corresponding law of a participating -- 19 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 18 jurisdiction) to a person for prohibited analysis; and (b) who intends or is reckless as to the supply of material of that kind— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (3) A person— (a) whose conduct causes the supply of forensic material (other than excluded forensic material) to a person for analysis for the purpose of deriving a DNA profile for inclusion on a DNA database; and (b) who intends or is reckless as to the supply of material of that kind— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). 464ZGH. Use of information on DNA database system (1) A person who accesses information stored on the DNA database system except in accordance with this section is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (2) A person may access information stored on the DNA database system for one or more of the following purposes— (a) forensic comparison permitted under section 464ZGI (permissible matching); s. 16 -- 20 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 19 (b) making the information available, in accordance with the regulations, to the person to whom the information relates; (c) administering the DNA database system; (d) in accordance with an arrangement entered into between Victoria and the Commonwealth, another State or a Territory for the provision of access to information contained in the DNA database system by law enforcement officers or by any other persons authorised in writing by the Chief Commissioner of Police; (e) in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; (f) a coronial investigation or inquest; (g) an investigation of a complaint by— (i) the Privacy Commissioner appointed under the Information Privacy Act 2000; or (ii) the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or (iii) the Ombudsman appointed under the Ombudsman Act 1973. (3) This section does not apply to information that cannot be used to discover the identity of any person. 464ZGI. Permissible matching of DNA profiles s. 16 s. 16 -- 21 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 20 (1) A matching of a DNA profile on an index of the DNA database system specified in column 1 of the following Table with a DNA profile on another index of the system specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is not permitted by this Subdivision if— (a) "no" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the index specified in column 1; or (b) "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 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. 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 no yes yes yes yes 2. suspects yes no no no yes no yes 3. volunteers (limited purposes) only if within purpose no no no only if within purpose only if within purpose only if within purpose 4. volunteers (unlimited purposes) yes no no no yes yes yes 5. serious offenders yes yes no no yes yes yes 6. missing persons yes yes yes yes yes yes yes 7. unknown deceased persons yes yes yes yes yes yes no s. 16 -- 22 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 21 (2) A person— (a) whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the DNA database system with a DNA profile on the same or another index of the DNA database system; and (b) who intends or is reckless as to any such matching of profiles— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (3) A person is not guilty of an offence against sub-section (2) if the person's conduct causes a matching that is not permitted by this Subdivision but the matching is solely for the purpose of administering the DNA database system. 464ZGJ. 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— (a) except as provided by paragraphs (b) and (c), the period s. 16 -- 23 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 22 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—the period after the DNA profile is placed on the DNA database system that is agreed by the Chief 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—the period for which the Chief Commissioner of Police orders the responsible person to retain identifying information relating to the profile; "responsible person", in relation to the DNA database system, means the person responsible for the care, control and management of the system. (2) A person who intentionally or recklessly causes any identifying information obtained from forensic material to be recorded or retained in a DNA database system at any time after this Subdivision requires the forensic material to be destroyed is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (3) A responsible person who does not ensure that any identifying information relating to a DNA profile on the volunteers (unlimited purposes) index or volunteers (limited s. 16 -- 24 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 23 purposes) index of the DNA database system is removed from the system as soon as practicable after the end of the identifying period for the profile is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (4) A responsible person who does not 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 is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). 464ZGK. Disclosure of information (1) A person who— (a) has access to any information stored on the DNA database system or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer; and (b) intentionally or recklessly causes the disclosure of information other than as provided by this section— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum). (2) A person may only disclose information stored on the DNA database system for one or more of the following purposes— s. 16 -- 25 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 24 (a) forensic comparison in the course of a criminal investigation by a member of the police force or any other person authorised in writing by the Chief Commissioner of Police; (b) making the information available, in accordance with the regulations, to the person to whom the information relates; (c) administering the DNA database system; (d) in accordance with any arrangement entered into between Victoria and the Commonwealth, another State or a Territory for the provision of access to information contained in the DNA database system by law enforcement officers or by any other persons authorised in writing by the Chief Commissioner of Police; (e) in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; (f) a coronial investigation or inquest; (g) an investigation of a complaint by— (i) the Privacy Commissioner appointed under the Information Privacy Act 2000; or (ii) the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or (iii) the Ombudsman appointed under the Ombudsman Act 1973. s. 16 -- 26 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 25 (3) A person may only disclose information revealed by the carrying out of a forensic procedure as follows— (a) if the person is the suspect, offender or volunteer to whom the information relates; (b) if the information is already publicly available; (c) in accordance with any other provision of this Subdivision; (d) in accordance with the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth; (e) for the purposes of the investigation of an offence or offences generally; (f) for the purpose of a decision whether to institute proceedings for an offence; (g) for the purpose of proceedings for an offence; (h) for the purpose of a coronial investigation or inquest; (i) for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the procedure is carried out; (j) for the purpose of the suspect's, offender's or volunteer's medical treatment; (k) for the purpose of the medical treatment of a person if necessary to prevent or lessen a serious threat to that person's life or health; s. 16 -- 27 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 26 (l) if necessary to prevent or lessen a serious threat to public health; (m) if the suspect, offender or volunteer consents in writing to the disclosure. (4) This section does not apply to information that cannot be used to discover the identity of any person. Inter-jurisdictional enforcement 464ZGL. Registration of orders (1) The Minister may enter into arrangements with the responsible Ministers of the participating jurisdictions for the establishment and maintenance, in one or more of those jurisdictions, of a register of orders for the carrying out of forensic procedures made under this Subdivision or corresponding laws of participating jurisdictions. (2) An order is registered when a copy of the order (being a copy certified by the person who made it) is registered in accordance with the law of the participating jurisdiction in which the register is kept. (3) An application for registration of an order, or for cancellation of registration of an order, may be made by an appropriate authority. 464ZGM. Carrying out of registered orders (1) A person is authorised to carry out the forensic procedure authorised by an order that is registered in accordance with an arrangement referred to in section 464ZGL(1) anywhere in Victoria. The person is authorised to carry out the s. 16 -- 28 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 27 procedure in accordance with sections 464Y, 464Z and 464ZA and not otherwise. (2) A member of the police force, or other person assisting a member in accordance with this Subdivision or a corresponding law of a participating jurisdiction, is not compelled by this Subdivision, or an arrangement referred to in section 464ZGL(1), to execute an order registered under such an arrangement. 464ZGN. Database information (1) The Minister may enter into arrangements with a responsible Minister of a participating jurisdiction under which— (a) information from the DNA database system of Victoria that may be relevant to the investigation of an offence against the law of the participating jurisdiction is to be transmitted to the appropriate authority in that jurisdiction for the purpose of the investigation of, or proceedings in respect of, that offence; and (b) information from a DNA database system of the participating jurisdiction that may be relevant to the investigation of an offence against the law of Victoria is to be transmitted to the Chief Commissioner of Police for the purposes of the investigation of, or proceedings in respect of, that offence. (2) 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 s. 16 -- 29 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 28 obtain information about an identifiable person at any time after this Subdivision or a corresponding law of a participating jurisdiction requires the forensic material to which it relates to be destroyed. 464ZGO. Taking, retention and use of forensic material authorised by laws of other jurisdictions (1) Subject to section 464ZGM and this section, nothing in this Subdivision affects the taking, retention or use of forensic material, or information obtained from forensic material, if the taking, retention or use of the material is authorised by or under a corresponding law of the Commonwealth, another State or a Territory. (2) Forensic material taken, or information obtained from it, in accordance with a corresponding law of the Commonwealth, another State or a Territory may be retained or used for investigative, evidentiary or statistical purposes even if its retention or use would, but for this sub-section, constitute a contravention of a provision of this Subdivision relating to the carrying out of forensic procedures. (3) Forensic material taken, or information obtained from it, in accordance with a law of the Commonwealth, another State or a Territory as in force immediately before the commencement of section 16 of the Crimes (DNA Database) Act 2002, may be retained or used for investigative, evidentiary or statistical purposes even if its retention or use would, but for this sub-section, constitute a contravention of a provision of this s. 16 -- 30 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 29 Subdivision relating to the carrying out of forensic procedures.'. 17. Relevant suspect (1) In section 464(2) of the Principal Act, in the definition of "relevant suspect" for "248" (wherever occurring) substitute "249, 250, 251, 317, 317A". (2) In section 464U(3) of the Principal Act, for "248" (wherever occurring) substitute "249, 250, 251, 317, 317A". 18. Forensic sample offences (1) In Schedule 8 to the Principal Act— (a) after item 6 insert— "6A. The common law offence of false imprisonment."; (b) in item 21, for "248" substitute "249, 250 or 251"; (c) after item 21 insert— "Explosive Substances 21A. An offence against section 317 (offences connected with explosive substances) of the Crimes Act 1958. 21B. An offence against section 317A (bomb hoaxes) of the Crimes Act 1958. Parties to Offence 21C. An offence against section 325(1) (assisting offender) of the Crimes Act 1958 if the principal offence was any other forensic sample offence.". (2) In Schedule 8 to the Principal Act— s. 17 -- 31 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 30 (a) in item 22, after "71" insert "of the Drugs, Poisons and Controlled Substances Act 1981"; (b) in item 23, after "71AA" insert "of the Drugs, Poisons and Controlled Substances Act 1981"; (c) in item 24, after "71AB" insert "of the Drugs, Poisons and Controlled Substances Act 1981"; (d) in item 25, after "71AC" insert "of the Drugs, Poisons and Controlled Substances Act 1981"; (e) in item 26, after "72" insert "of the Drugs, Poisons and Controlled Substances Act 1981"; (f) in item 27, after "72A" insert "of the Drugs, Poisons and Controlled Substances Act 1981"; (g) in item 28, after "72B" insert "of the Drugs, Poisons and Controlled Substances Act 1981". 19. New section 596 inserted At the end of Part 7 of the Principal Act insert— "596. Transitional provisions—Crimes (DNA Database) Act 2002 (1) The amendments of section 464Z of this Act made by section 7 of the Crimes (DNA Database) Act 2002 apply to the taking of a scraping of the mouth on or after the commencement of section 7 of that Act. (2) The amendment of section 464ZFB of this Act made by section 13 of the Crimes (DNA Database) Act 2002 applies to a person s. 19 -- 32 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 31 found guilty of an offence on or after the commencement of section 13 of that Act. (3) The amendment of this Act made by section 16 of the Crimes (DNA Database) Act 2002 applies to any offence or suspected offence, irrespective of when the offence is alleged to have been committed. (4) The amendments of this Act made by section 17 of the Crimes (DNA Database) Act 2002 only apply to offences alleged to have been committed on or after the commencement of section 17 of that Act. (5) The amendments of this Act made by section 18(1) of the Crimes (DNA Database) Act 2002 only apply to offences alleged to have been committed on or after the commencement of section 18(1) of that Act. (6) For the purposes of sub-sections (4) and (5), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 17 or 18(1) (as the case requires) of the Crimes (DNA Database) Act 2002, the offence is alleged to have been committed before that commencement.". ═══════════════ s. 19 -- 33 of 34 -- Act No. 16/2002 Crimes (DNA Database) Act 2002 32 ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 November 2001 Legislative Council: 20 March 2002 The long title for the Bill for this Act was "to amend the Crimes Act 1958 with respect to forensic samples and for other purposes." Endnotes -- 34 of 34 --