CRIMES ACT 1914 SECT 23WI

(1)

The constable must be satisfied on the balance of probabilities that:

(a)

the person on whom the procedure is proposed to be carried out is a suspect; and

(b)

there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed a relevant offence; and

(c)

the request for consent to the forensic procedure is justified in all the circumstances; and

(d)

the person on whom the forensic procedure is proposed to be carried out is not a child or an incapable person.

(2)

In determining whether a request is justified in all the circumstances, the constable must balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.

(3)

In balancing those interests, the constable must have regard to the following matters:

(a)

the seriousness of the circumstances surrounding the commission of the relevant offence and the gravity of the relevant offence;

(b)

the degree of the suspect's alleged participation in the commission of the relevant offence;

(c)

the age, physical and mental health, cultural background and (where appropriate) religious beliefs of the suspect, to the extent that they are known to the constable or can reasonably be discovered by the constable (by asking the suspect or otherwise);

(d)

if the constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander—the suspect's customary beliefs (if any), to the extent that they are known to the constable or can reasonably be discovered by the constable (by asking the suspect or otherwise);

(e)

whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the suspect committed the relevant offence;

(f)

any other matter considered relevant to balancing those interests.