Forensic Procedures Amendment Act 2008

Forensic Procedures Amendment Act 2008

An Act to amend the Forensic Procedures Act 2000

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Forensic Procedures Amendment Act 2008 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Forensic Procedures Act 2000 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of corresponding law :

crime scene means –

(a) a place where a serious offence was, or is reasonably suspected of having been, committed; and

(b) a place or thing reasonably suspected of being associated with the commission of a serious offence;

(b) by inserting the following definition after the definition of medical practitioner :

member of the Police Service means –

(a) a person who holds the rank of Trainee or Junior Constable specified in section 4(2) of the Police Service Act 2003 ; or

(b) an ancillary constable within the meaning of the Police Service Act 2003 ;

5.    Part 4A inserted

After section 34 of the Principal Act , the following Part is inserted:

PART 4A - Non-intimate Forensic Procedures on Police Officers and Members of the Police Service

34A.   Police officers may volunteer to undergo non-intimate forensic procedures

(1)  A police officer may volunteer to undergo one or more of the following non-intimate forensic procedures carried out in accordance with this Act for the purpose of differentiating the officer's forensic material from other forensic material found at crime scenes generally or, if so specified by the officer, only at a particular crime scene:

(a) the taking of a sample of saliva;

(b) the taking of a sample by buccal swab.

(2)  The information obtained from an analysis of the forensic material taken from a police officer under subsection (1) may be used –

(a) with regard to crime scenes generally; or

(b) if so specified by the officer when volunteering to undergo the non-intimate forensic procedures under that subsection, with regard to the specified particular crime scene only.

34B.   Requiring police officers and members of the Police Service to undergo non-intimate forensic procedures

(1)  The Commissioner of Police may require a police officer or member of the Police Service to undergo one or more of the following non-intimate forensic procedures carried out in accordance with this Act for the purpose of differentiating the police officer's or member's forensic material from other forensic material found at a particular crime scene specified by the Commissioner and which the officer or member has attended in the course of his or her duties:

(a) the taking of a sample of saliva;

(b) the taking of a sample by buccal swab.

(2)  A requirement under subsection (1) may be made even if the Commissioner of Police has made such a requirement in respect of that police officer or member of the Police Service previously.

(3)  The Commissioner of Police may require a member of the Police Service who was appointed as such after the commencement of this section to undergo one or more of the following non-intimate forensic procedures carried out in accordance with this Act for the purpose of differentiating the member's forensic material from other forensic material found at crime scenes generally:

(a) the taking of a sample of saliva;

(b) the taking of a sample by buccal swab.

34C.   Limit on use, &c., of forensic material taken under this Part

(1)  Despite any other provision of this Act –

(a) if forensic material is taken from a police officer under section 34A(1) for the purpose of differentiating the officer's forensic material from forensic material found at a particular crime scene, as specified by the officer under that section, information obtained from an analysis of the officer's forensic material must not be matched with any information obtained from an analysis of any forensic material other than information obtained from an analysis of forensic material found at that particular crime scene; or

(b) if forensic material is taken from a police officer under section 34A(1) , or from a member of the Police Service under section 34B(3) , for the purpose of differentiating the officer or member's forensic material from forensic material found at crime scenes generally, information obtained from an analysis of the officer or member's forensic material must not be matched with any information obtained from an analysis of any forensic material other than information obtained from an analysis of forensic material found at a crime scene.

(2)  Despite any other provision of this Act, information obtained from the analysis of forensic material taken from a police officer or member of the Police Service under section 34B(1) must not be matched with any information obtained from an analysis of any forensic material other than information obtained from the analysis of forensic material found at the particular crime scene specified by the Commissioner under that section.

(3)  Forensic material taken from a police officer or member of the Police Service under section 34A or 34B , and any information obtained from an analysis of such forensic material –

(a) must not be used for the purposes of an internal Police Service investigation; and

(b) may not be received or admitted as evidence in any disciplinary proceeding, or proceeding for an offence, against the police officer or member of the Police Service.

6.    Section 51A inserted

After section 51 of the Principal Act , the following section is inserted in Part 7:

51A.   Destruction of forensic material taken under section 34A or 34B

(1)  Forensic material, and any information obtained from an analysis of forensic material, taken from a police officer under section 34A or 34B must be destroyed as soon as practicable after that police officer ceases to be a police officer.

(2)  Forensic material, and any information obtained from an analysis of forensic material, taken from a member of the Police Service under section 34B must be destroyed as soon as practicable –

(a) after that member ceases to be a member of the Police Service; or

(b) if the member ceases to be a member of the Police Service because he or she is appointed as a police officer, after he or she ceases to be a police officer.

(3)  Forensic material, and any information obtained from an analysis of forensic material, taken from a police officer or member of the Police Service under section 34A or 34B must be destroyed as soon as practicable after the officer or member has requested, in writing, the destruction of the forensic material.

(4)  Forensic material, and any information obtained from an analysis of forensic material, taken from a police officer or member of the Police Service under section 34A or 34B must be destroyed as soon as practicable after it is no longer required for the purpose for which it was taken.

7.    Section 53 amended (Use of information on DNA database system)

Section 53(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (g) "Ombudsman." and substituting "Ombudsman;";

(b) by inserting the following paragraph after paragraph (g) :

(h) the purpose of a forensic comparison permitted under Part 4A .

8.    Part 8A inserted

After section 56 of the Principal Act , the following Part is inserted:

PART 8A - Use of Information from Forensic Material of Police Officer or Member of the Police Service

56A.   Use of information from forensic material of police officer or member of the Police Service

Information obtained from an analysis of forensic material taken from a police officer or member of the Police Service under section 34A or 34B may only be matched with other information obtained from a crime scene, whether or not that other information is in a database, if that matching is for the purpose of differentiating the forensic material of the officer or member from other forensic material found at any crime scene or a particular crime scene, being the purpose for which the forensic material was taken or directed to be taken from the officer or member.

9.    Section 58 amended (Database information)

Section 58 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  This section does not apply to information obtained from an analysis of forensic material taken from a police officer or member of the Police Service under section 34A or 34B .

10.    Section 66A inserted

After section 66 of the Principal Act , the following section is inserted in Division 2:

66A.   Savings and transitional provision

If before the commencement of the Forensic Procedures Amendment Act 2008 a police officer or member of the Police Service had forensic material taken for the purpose of differentiating that forensic material from other forensic material found at a particular crime scene or crime scenes generally, that forensic material is taken to have been taken under section 34A or 34B for that purpose.

[Second reading presentation speech made in:

House of Assembly on 27 AUGUST 2008

Legislative Council on 4 SEPTEMBER 2008]