Buckland and Ors v State of New South Wales S86/2000

The High Court of Australia heard an appeal from the Supreme Court of New South Wales in the matter of *Buckland and Ors v State of New South Wales*. The appellants, who were prisoners, sought to challenge the validity of certain provisions of the *Crimes (Forensic Procedures) Act 1998* (NSW) and the *Crimes (Forensic Procedures) Regulation 1998* (NSW). The core of the dispute concerned the power of the police to take forensic samples from prisoners without their consent, and the subsequent use of those samples in criminal proceedings.

The central legal issues before the High Court were whether the impugned provisions of the Act and Regulation were invalid by reason of their inconsistency with the *Crimes Act 1914* (Cth), specifically section 23G, which deals with the taking of forensic material from persons suspected of having committed Commonwealth offences. The appellants also contended that the provisions were invalid for impermissibly encroaching upon the common law right to personal liberty and privacy, and that they were invalid for uncertainty and for failing to provide adequate procedural safeguards.

Gaudron and Kirby JJ, in their joint judgment, considered the scope of the *Crimes Act 1914* (Cth) and its interaction with state legislation. They found that section 23G of the Commonwealth Act did not confer a power on state police to take forensic samples from prisoners in the absence of consent, particularly when the samples were not related to a Commonwealth offence. Their Honours also examined the common law principles relating to liberty and privacy, concluding that the provisions of the New South Wales Act, as applied in this context, constituted an unwarranted intrusion. The Court determined that the provisions were invalid to the extent that they purported to authorise the taking of forensic samples from prisoners without consent for purposes not authorised by the Commonwealth Act.

The High Court allowed the appeal, declaring the relevant provisions of the *Crimes (Forensic Procedures) Act 1998* (NSW) and the *Crimes (Forensic Procedures) Regulation 1998* (NSW) invalid in their application to the circumstances of the appellants.