State of NSW v Kable

The High Court of Australia considered the validity of a New South Wales law, the *Crimes (Forensic Procedures) Act 1998* (NSW), which permitted the taking of forensic samples from a convicted offender, Mr Kable, for the purpose of establishing a DNA database. The State of New South Wales sought to uphold the validity of this Act against Mr Kable's challenge.

The central legal issue before the Court was whether the Act, in its application to Mr Kable, contravened Chapter III of the Australian Constitution. Specifically, the Court had to determine if the Act impermissibly conferred judicial power on a non-judicial body or otherwise trespassed upon the exclusive domain of the courts.

The Court reasoned that the power to compel the taking of forensic samples, even from convicted offenders, was not inherently a judicial function. It distinguished this power from the core functions of courts, such as determining guilt or imposing punishment. The Court found that the Act did not vest judicial power in the executive or legislative branches, nor did it undermine the institutional integrity of the judiciary. The legislative scheme was seen as a regulatory measure for law enforcement purposes, not an encroachment on judicial power.

The High Court dismissed the appeal, upholding the validity of the *Crimes (Forensic Procedures) Act 1998* (NSW) in its application to Mr Kable.