Crimes (Forensic Procedures) Amendment Regulation 2007 (NSW)

2007 No 85

New South Wales

Crimes (Forensic Procedures)

Amendment Regulation 2007

under the

Crimes (Forensic Procedures) Act 2000

Her Excellency the 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
The objects of this Regulation are:

(a)	to update a reference to organisations that are prescribed Aboriginal legal aid organisations for the purposes of the Act, and
(b)	to declare the Director of the Institute of Clinical Pathology and Medical Research to be the person responsible for the care, control and management of the NSW DNA database system, and
(c)	to prescribe the particulars to be included in a written consent to the carrying out of a forensic procedure on an untested former offender under section 75J of the Act.

Crimes (Forensic

This Regulation is made in connection with the commencement of the section 118 (the general power to make regulations) and sections 3 and 75J.

Procedures) Amendment Act 2006.

Published in Gazette No 33 of 23 February 2007, page 1003	Page 1
2007 No 85
Clause 1	Crimes (Forensic Procedures) Amendment Regulation 2007

Crimes (Forensic Procedures) Amendment Regulation

2007

under the

Crimes (Forensic Procedures) Act 2000

1      Name of Regulation

This Regulation is the Crimes (Forensic Procedures) Amendment
Regulation 2007.

2      Commencement

(1)	Subject to subclauses (2) and (3), this Regulation commences on 23 February 2007.
(2)	Schedule 1 [2] commences on 1 July 2007.
(3)	Schedule 1 [3] commences on 15 March 2007.

3 Amendment of Crimes (Forensic Procedures) Regulation 2000

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

2007 No 85

Crimes (Forensic Procedures) Amendment Regulation 2007

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 5

Omit the clause. Insert instead:

5      Aboriginal legal aid organisations

The Aboriginal Legal Service (NSW/ACT) Limited is a prescribed organisation for the purposes of the definition of Aboriginal legal aid organisation in section 3 (1) of the Act.

[2]      Clause 6A

Insert after clause 6:

6A Responsible persons

For the purposes of the definition of responsible person in section 3 (1) of the Act, the Director of the Institute of Clinical Pathology and Medical Research is declared to be the person responsible for the care, control and management of the DNA database system.

[3]      Clause 7AA

Insert after clause 7:

7AA Form of consent—untested former offender

For the purposes of section 75J (a) of the Act, the following are the prescribed particulars:

(a)	the name of the untested former offender giving consent to the carrying out of the forensic procedure,
(b)	a description of the forensic procedure,
(c)	the name of the police officer who has requested consent to the carrying out of the procedure,
(d)	a statement as to whether or not the police officer has informed the former offender (personally or in writing) of the matters set out in section 75H of the Act,
(e)	a statement as to whether or not the former offender has been given the opportunity to communicate, or attempt to communicate, with a legal practitioner of the former offender’s choice.

BY AUTHORITY