Child A v Hasler

Child A, an infant, brought proceedings against Hasler, a police officer, in the Family Court of Australia, appealing from an order of the Children's Court. The nature of the dispute was an application by the police for an order permitting the carrying out of a forensic procedure. The police sought to take a DNA sample from Child A to investigate allegations of criminal conduct. Child A opposed the application on the basis that the evidence was obtained illegally or improperly by the police. The Magistrate in the Children's Court had refused leave to Child A to cross-examine a witness to the application, and Child A appealed to the Family Court.

The legal issues before the Family Court were whether the evidence was obtained illegally or improperly by the police and whether the Magistrate's decision to refuse leave to cross-examine a witness was correct. The Family Court was required to determine whether the police acted within the bounds of the law when obtaining the evidence and whether the Magistrate's decision to refuse leave to cross-examine a witness was just and reasonable.

The Family Court found that the police acted lawfully when obtaining the evidence and that the Magistrate's decision to refuse leave to cross-examine a witness was correct. The Court held that the police had a statutory power to take a DNA sample from Child A and that they exercised that power in accordance with the law. The Court also found that the Magistrate's decision to refuse leave to cross-examine a witness was just and reasonable, as the witness was not available to be cross-examined and the evidence obtained from the witness was not relevant to the application. The Family Court dismissed the appeal and upheld the order of the Children's Court.