CRIMES ACT 1914 SECT 23WJ

(1)

The constable must inform the suspect of the following matters:

(a)

that the giving of information under this section, and the giving of consent (if any) by the suspect, is being or will be recorded by audio tape, videotape or other electronic means, or in writing, and that the suspect has a right to a copy of that record in a form provided by section 23YF;

(b)

the purpose for which the forensic procedure is required;

(c)

the offence in relation to which the constable wants the forensic procedure carried out;

(d)

the way in which the forensic procedure is to be carried out;

(e)

that the forensic procedure may produce evidence against the suspect that might be used in a court of law;

(f)

that the forensic procedure will be carried out by an appropriately qualified person;

(g)

if relevant, the matters specified in subsection (2);

(h)

if the constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander—that the suspect's interview friend may be present while the forensic procedure is carried out;

(i)

that the suspect may refuse to consent to the carrying out of the forensic procedure;

(ia)

the effect of section 23XZ;

(j)

the consequences of not consenting, as specified in subsection (3),

(4)

or (5) (whichever is applicable);

(k)

that information obtained from analysis of forensic material obtained may be placed on the DNA database system and the rules that will apply to its disclosure and use under this Part.

Suspect's right to have medical practitioner or dentist present during intimate forensic procedures

(2)

The constable must inform the suspect that the suspect may ask that a medical practitioner or dentist (depending on the kind of forensic procedure) of his or her choice be present while the forensic procedure is carried out (unless the forensic procedure is a non-intimate forensic procedure).

Failure to consent to non-intimate forensic procedure—suspect in custody

(3)

If the suspect is in custody and the forensic procedure is a non-intimate forensic procedure, the constable must inform the suspect that, if the suspect does not consent:

(a)

a constable may order the carrying out of the forensic procedure under Division 4 if he or she is satisfied of the matters referred to in subsection 23WO(1); or

(b)

an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.

Failure to consent to intimate forensic procedure—suspect in custody

(4)

If the suspect is in custody and the forensic procedure is an intimate forensic procedure, the constable must inform the suspect that, if the suspect does not consent, an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.

Failure to consent to forensic procedure—suspect not in custody

(5)

If the suspect is not in custody, the constable must inform the suspect that, if the suspect does not consent, an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.