Section 23XWR — Crimes Act 1914: Informed consent of volunteer or parent or guardian of volunteer

(1) A volunteer, or parent or guardian of a volunteer, gives informed consent in accordance with this section if the volunteer, parent or guardian consents in the presence of an independent person (not being a constable) after a constable informs the volunteer, parent or guardian, in accordance with the regulations, of the following matters: (a) the way in which the forensic procedure is to be carried out; (b) that the volunteer is under no obligation to undergo the forensic procedure; (c) that the forensic procedure may produce evidence that might be used in a court of law; (d) to the extent that they are relevant, the matters specified in subsection (2); (e) that the volunteer, parent or guardian may consult a legal practitioner of the volunteer’s, parent’s or guardian’s choice before deciding whether or not to consent to the forensic procedure; (f) that the volunteer, parent or guardian may at any time withdraw consent to: (i) the volunteer undergoing the forensic procedure; or (ii) retention of the forensic material taken; or (iii) retention of information obtained from the analysis of that material. (2) The constable must inform the volunteer, or parent or guardian of the volunteer, of the following: (a) that information obtained from analysis of forensic material taken from a person under this Division, and as to the identity of the person, may be placed on the Commonwealth DNA database system; (b) that the information will be stored on the volunteers (limited purposes) index of that system unless the volunteer (or, in the case of a volunteer who is a child or an incapable person, the parent or guardian of the volunteer) chooses for the information to be stored on the volunteers (unlimited purposes) index of that system; and (ba) if the information is placed on the volunteers (limited purposes) index—the purpose for which the information is placed on the index and that the information may only be used for that purpose; (c) if the information is placed on the volunteers (unlimited purposes) index—that the information may be used for the purposes of a criminal investigation or any other purpose for which the Commonwealth DNA database system may be used under Division 8A; (d) that information placed on the Commonwealth DNA database system will be retained for such period as the Commissioner and the volunteer (or, in the case of a volunteer who is a child or an incapable person, a parent or guardian of the volunteer) agree and must then be removed from the system; (da) if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency (other than an agency responsible to an international tribunal)—the following: (i) the name of the foreign law enforcement agency that has made the request; (ii) that forensic evidence resulting from the forensic procedure will be provided to the foreign law enforcement agency; (iii) that the forensic evidence may be used in proceedings in the foreign country; (iv) that the retention of the forensic evidence will be governed by the laws of the foreign country; (v) that the retention of the forensic evidence will be subject to undertakings given by the foreign law enforcement agency; (vi) the content of those undertakings; (db) if the volunteer undergoes a forensic procedure because of a request by a foreign law enforcement agency responsible to an international tribunal—the following: (i) the name of the international tribunal for which the request was made; (ii) that forensic evidence resulting from the forensic procedure will be provided to the agency; (iii) that the forensic evidence may be used in proceedings in the international tribunal; (iv) that the retention of the forensic evidence will be governed by the rules of the international tribunal; (v) that the retention of the forensic evidence will be subject to undertakings given by the agency; (vi) the content of those undertakings; (e) any other matters prescribed by the regulations.