Crimes (Forensic Procedures) Amendment (Disclosure of Information) Regulation 2003 (NSW)

2003 No 163

New South Wales

Crimes (Forensic Procedures)

Amendment (Disclosure of

Information) Regulation 2003

under the

Crimes (Forensic Procedures) Act 2000

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes (Forensic Procedures) Act 2000.

BOB DEBUS, M.P.,

Attorney General

Explanatory note

Section 109 of the Crimes (Forensic Procedures) Act 2000 makes it an offence for a person who has access to information stored on the DNA database system or revealed by a forensic procedure carried out under that Act to disclose that information except in certain specified circumstances.

The object of this Regulation is to amend the Crimes (Forensic Procedures) Regulation 2000 to prescribe as purposes for which a person may disclose such information any purpose relating to the security classification, placement or management under the Crimes (Administration of Sentences) Act 1999 of a person who is or was a serious indictable offender serving a sentence of imprisonment in a correctional centre or other place of detention on whom a forensic procedure has been carried out under Part 7 of the Crimes (Forensic Procedures) Act 2000.

This Regulation is made under the Crimes (Forensic Procedures) Act 2000, including sections 109 (2) (g) and (3) (o) and 118 (the general regulation-making power).

Published in Gazette No 49 of 21 February 2003, page 2206	Page 1
2003 No 163	Crimes (Forensic Procedures) Amendment (Disclosure of Information)
Clause 1	Regulation 2003

Crimes (Forensic Procedures) Amendment (Disclosure

of Information) Regulation 2003

under the

Crimes (Forensic Procedures) Act 2000

1      Name of Regulation

This Regulation is the Crimes (Forensic Procedures) Amendment
(Disclosure of Information) Regulation 2003.

2 Amendment of Crimes (Forensic Procedures) Regulation 2000

The Crimes (Forensic Procedures) Regulation 2000 is amended as set out in Schedule 1.

Page 2

Crimes (Forensic Procedures) Amendment (Disclosure of Information)	2003 No 163
Regulation 2003
Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Clause 11 Disclosure of information

Omit “This clause” from clause 11 (2).
Insert instead “Subclause (1)”.

[2]      Clause 11 (2)

Omit “this clause”.
Insert instead “subclause (1)”.

[3]      Clause 11 (3)–(7)

Insert after clause 11 (2):

(3)	For the purposes of section 109 (2) (g) of the Act, any purpose relating to the security classification, placement or management by or under the Crimes (Administration of Sentences) Act 1999 of a classifiable person is a prescribed purpose for which a person may disclose information that relates to the classifiable person that is stored on the DNA database system.
(4)	Subclause (3) applies whether the information concerned was stored on the DNA database system before, or is so stored after, the commencement of subclause (3).
(5)	For the purposes of section 109 (3) (o) of the Act, any purpose relating to the security classification, placement or management by or under the Crimes (Administration of Sentences) Act 1999 of a classifiable person is a prescribed purpose for which a person may disclose information relating to the classifiable person revealed by the forensic procedure that was carried out on the classifiable person.

(6) Subclause (5) applies whether or not the information concerned is revealed by a forensic procedure that was carried out before or is carried out after the commencement of subclause (5).

(7) In this clause, classifiable person means a person who is or was a serious indictable offender on whom a forensic procedure has been carried out under Part 7 of the Crimes (Forensic Procedures) Act 2000.

BY AUTHORITY

Page 3