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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) BILL 2001

                       Western Australia


Criminal Investigation (Identifying People)
                 Bill 2001

                          CONTENTS


      Part 1 -- Preliminary
1.    Short title                                              2
2.    Commencement                                             2
3.    Interpretation                                           2
4.    Meaning of "reasonably suspects"                         7
5.    Public officers may be authorised to exercise powers     7
6.    Officer's duty to identify himself or herself            8
7.    Non-consent to be assumed in some cases                  8
8.    Procedures for obtaining material from which to
      obtain DNA profile                                       8
9.    Samples of material to be provided on request            9
10.   When a charge is finalised without a finding of guilt   10
      Part 2 -- General
11.   Application of this Act                                 11
12.   Information and forensic material from another State,
      a Territory or the Commonwealth                         11
13.   Assistance when exercising powers                       12
14.   Use of force when exercising powers                     12
15.   Applying for warrants                                   13
      Part 3 -- Personal details of people
16.   Officer may ask for name, address, etc.                 16




                                                              page i
                            64--3B
Criminal Investigation (Identifying People) Bill 2001



Contents



            Part 4 -- Identifying particulars of
                 volunteers and others
            Division 1 -- Preliminary
   17.      Definitions                                              18
   18.      How identifying procedures are to be done                18
            Division 2 -- Volunteers
   19.      Volunteer for an identifying procedure to be informed    19
   20.      Volunteer may consent                                    20
            Division 3 -- Deceased people
   21.      Identifying particulars of deceased people               22
            Division 4 -- Police officers
   22.      Identifying particulars of police officers               23
            Part 5 -- Identifying particulars of
                 victims and witnesses
   23.      Definitions                                              24
   24.      How identifying procedures are to be done                24
   25.      Request to adult to undergo identifying procedure        24
   26.      Request for protected person to undergo identifying
            procedure                                                26
   27.      Request and giving of information to be recorded         27
   28.      When identifying procedure may be done                   28
   29.      Consent may be withdrawn                                 29
   30.      Decision may be changed                                  29
   31.      Officer may apply for IP warrant (involved protected
            person)                                                  30
   32.      Application for IP warrant (involved protected person)   30
   33.      Issue and effect of IP warrant (involved protected
            person)                                                  32
            Part 6 -- Identifying particulars of
                 uncharged suspects
   34.      Definitions                                              35
   35.      Purpose of identifying procedure                         35
   36.      How identifying procedures are to be done                35
   37.      Request to adult to undergo identifying procedure        36



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                  Criminal Investigation (Identifying People) Bill 2001



                                                               Contents



38.   Request for protected person to undergo identifying
      procedure                                                  37
39.   Request and giving of information to be recorded           38
40.   When identifying procedure may be done                     38
41.   Consent may be withdrawn                                   39
42.   Officer may apply for approval of IP warrant (suspect)     40
43.   Application for approval to do non-intimate
      identifying procedure on adult                             40
44.   Senior officer may approve non-intimate identifying
      procedure to be done on adult                              41
45.   Application for IP warrant (suspect)                       42
46.   Issue and effect of IP warrant (suspect)                   43
      Part 7 -- Identifying particulars of
           charged suspects
47.   Definitions                                                45
48.   How identifying procedures are to be done                  45
49.   Identifying particulars may be taken                       45
50.   Request and giving of information to be recorded           46
51.   When identifying procedure may be done                     46
      Part 8 -- How identifying procedures
           are to be done
52.   Definitions                                                48
53.   Application of this Part                                   48
54.   General requirements                                       48
55.   Sex of people doing procedures                             49
56.   Who may do an identifying procedure                        50
57.   Personal details may be obtained as well                   51
58.   How samples and impressions are to be taken                51
59.   Procedures may be repeated                                 52
60.   People not obliged to do procedures                        52
      Part 9 -- Use and destruction of
           identifying information
61.   Definitions                                                53
62.   Identifying information of volunteers                      54
63.   Identifying information of deceased people                 54
64.   Identifying information of police officers                 55


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Criminal Investigation (Identifying People) Bill 2001



Contents



   65.      Identifying information of involved people              56
   66.      Identifying information of uncharged suspects           57
   67.      Identifying information of charged suspects             58
   68.      Results of matched information to be made available
            to suspects                                             59
   69.      Request for destruction of identifying information      60
   70.      Destroying identifying information                      60
   71.      Responsibility for destroying identifying information   61
   72.      Supreme Court may order information not to be
            destroyed                                               61
   73.      Disclosure of identifying information                   61
   74.      Use of illegal identifying information                  63
   75.      Improper use of information obtained in accordance
            with Act                                                64
            Part 10 -- DNA databases
   76.      Definitions                                             65
   77.      DNA profiles lawfully obtained before
            commencement of Part                                    68
   78.      Permitted comparisons with DNA database indexes         69
   79.      Duties of database managers                             70
   80.      Operators of DNA databases to be authorised             70
            Part 11 -- Admissibility of evidence
   81.      Evidence of refusal of consent etc.                     72
   82.      Evidence of conduct of procedure                        72
   83.      Evidence obtained illegally                             73
   84.      Evidence kept illegally                                 73
   85.      Evidence from illegal use of information                74
   86.      Court may admit inadmissible evidence                   74
            Part 12 -- Enforcement elsewhere in
                 Australia
   87.      Definitions                                             76
   88.      Prescribing corresponding laws etc.                     76
   89.      Registration of forensic orders                         77
   90.      Forensic orders registered in WA may be executed in
            WA                                                      77
   91.      Arrangements for sharing information                    78


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                  Criminal Investigation (Identifying People) Bill 2001



                                                              Contents



      Part 13 -- Miscellaneous
92.   Legal protection for people acting under this Act          79
93.   Regulations                                                79
94.   Review of Act                                              79
      Part 14 -- Temporary provisions
95.   Identifying particulars may be taken from people in
      custody and others (Schedule 1)                            81
96.   Consequential amendments (Schedule 2)                      81
      Schedule 1 -- Obtaining and using
          identifying particulars of people in
          custody and others
1.    Definitions                                                82
2.    How identifying procedures are to be done                  82
3.    Request for prisoner on remand to undergo identifying
      procedure                                                  82
4.    Request for serious offender to undergo identifying
      procedure                                                  83
5.    Request and giving of information to be recorded           85
6.    When identifying procedure may be done                     85
7.    Department of Justice CEO to assist WA Police              86
8.    Destroying identifying information                         87
      Schedule 2 -- Consequential
          amendments
1.    Bail Act 1982                                              88
2.    Conservation and Land Management Act 1984                  88
3.    The Criminal Code                                          88
4.    Parks and Reserves Act 1895                                89
5.    Police Act 1892                                            89
6.    Waterways Conservation Act 1976                            90
7.    Wildlife Conservation Act 1950                             90




                                                                page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


  Criminal Investigation (Identifying People)
                   Bill 2001


                               A Bill for


An Act to enable personal details and identifying particulars of
people to be obtained by police and other officers for forensic
purposes, and for related purposes.



The Parliament of Western Australia enacts as follows:




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     Criminal Investigation (Identifying People) Bill 2001
     Part 1           Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Criminal Investigation (Identifying
                People) Act 2001.

5    2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Interpretation
10        (1)   In this Act, unless the contrary intention appears --
                "adult" means a person who has reached 18 years of age and in
                     respect of whom there are no reasonable grounds to suspect
                     that he or she is an incapable person;
                "child" means a person who is under 18 years of age and in
15                   respect of whom there are no reasonable grounds to suspect
                     that he or she is an incapable person;
                "corresponding law" has the meaning given by section 87;
                "DNA database" has the meaning given by section 76;
                "forensic database" has the meaning given by section 61;
20              "forensic purpose" means --
                     (a) investigating an offence or a suspected offence or
                           offences generally;
                     (b) investigating the death of a person or identifying a
                           deceased person; or
25                   (c) investigating the whereabouts of or identifying a
                           missing person;




     page 2
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                                              Preliminary          Part 1

                                                                                 s. 3



     "identifying feature", in relation to a person, means a
         permanent or semi-permanent physical feature of the
         person that helps to identify the person;
         For example: the face of a person or a birthmark, scar or tattoo on a
5        person.
     "identifying information" has, except in Schedule 1, the
         meaning given by section 61;
     "identifying particular" has the meaning given by
         section 11(1), 17, 23, 34, 47, 61 or Schedule 1 clause 1, as
10       the case requires;
     "identifying procedure" means a procedure in the course of
         which --
         (a) one or more identifying particulars of a person are
               obtained from the person; and
15       (b) if practicable, the person's personal details are
               obtained;
     "impression" includes a cast;
     "incapable person" means a person of any age --
         (a) who is unable by reason of a mental disability (which
20             term includes intellectual disability, a psychiatric
               condition, an acquired brain injury and dementia) to
               understand the general nature and effect of, and the
               reason for and the consequences of undergoing, an
               identifying procedure; or
25       (b) who is unconscious or otherwise unable to
               understand a request made or information given
               under this Act or to communicate whether or not he
               or she consents to an identifying procedure being
               done on him or her;




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     Part 1           Preliminary

     s. 3



              "intimate identifying procedure", in relation to a person,
                   means --
                   (a) an identifying procedure that is done on the person's
                          private parts;
5                  (b) the taking of a dental impression of the person; or
                   (c) the taking of a sample of the person's blood;
              "IP warrant (involved protected person)" means a warrant
                   issued under section 33;
              "IP warrant (suspect)" means a warrant issued under
10                 section 46;
              "JP" means Justice of the Peace;
              "non-intimate identifying procedure", in relation to a person,
                   means an identifying procedure that is done on the person
                   that is not an intimate identifying procedure, and includes
15                 the taking of a buccal swab from the person;
              "offence" means an offence under a written law but does not
                   include a contempt of court;
              "officer" means a police officer or a public officer or both, as
                   the case requires;
20            "official details" means --
                   (a) in respect of a police officer -- the officer's surname
                          and rank and includes, in relation to an application by
                          the officer under this Act for a warrant, the officer's
                          registered number;
25                 (b) in respect of a public officer -- the officer's full
                          name and official title;
              "participating jurisdiction" has the meaning given by
                   section 87;
              "personal details", in relation to a person, has the meaning
30                 given by section 16(1);
              "photograph" includes a video recording and a digital image;

     page 4
                   Criminal Investigation (Identifying People) Bill 2001
                                             Preliminary          Part 1

                                                                    s. 3



     "police officer" means a person appointed under Part I of the
         Police Act 1892 to be a member of the Police Force of
         Western Australia;
     "private parts", in relation to a person, means the person's
5        genital area, anal area and buttocks and, in the case of --
          (a) a female; or
         (b) a male undergoing a reassignment procedure within
                the meaning of the Gender Reassignment Act 2000,
         includes the person's breasts;
10   "protected person" means a person who is a child or an
         incapable person;
     "Public Advocate" has the meaning given by the Guardianship
         and Administration Act 1990;
     "public officer" means a person, other than a police officer,
15       appointed under a written law to an office that is prescribed
         under section 5(1);
     "reasonably suspects" has the meaning given by section 4;
     "remote communication" means any way of communicating at
         a distance including by telephone, fax, email and radio;
20   "responsible person", in relation to a child, means --
          (a) a parent of the child;
         (b) a guardian of the child;
          (c) another person who has responsibility for the
                day-to-day care of the child; or
25       (d) if no person mentioned in another paragraph of this
                definition is available -- a person, or a person in a
                class of persons, prescribed by the regulations;
     "responsible person", in relation to an incapable person,
         means --
30        (a) the spouse of the incapable person;
         (b) a parent of the incapable person;

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     Criminal Investigation (Identifying People) Bill 2001
     Part 1           Preliminary

     s. 3



                   (c)    if the incapable person is under 18 years of age -- a
                          guardian of the incapable person;
                   (d) if the incapable person has reached 18 years of age --
                          the Public Advocate or a guardian of the incapable
5                         person appointed under the Guardianship and
                          Administration Act 1990;
                   (e) another person who has responsibility for the
                          day-to-day care of the incapable person; or
                    (f) if no person mentioned in another paragraph of this
10                        definition is available -- a person, or a person in a
                          class of persons, prescribed by the regulations;
              "senior officer" means --
                   (a) a police officer who is, or is acting as, a sergeant or
                          an officer of a rank more senior than a sergeant;
15                 (b) a public officer who is prescribed by the regulations
                          to be a senior officer for the purpose of this Act;
              "serious offence" means an offence the statutory penalty for
                   which is strict security life imprisonment, life
                   imprisonment or imprisonment for 12 months or more;
20            "statutory penalty", in relation to an offence, means the
                   penalty specified by a written law for the offence;
              "volunteer" has the meaning given by section 17;
              "WA Police" means the Police Force of Western Australia
                   provided for by the Police Act 1892.
25      (2)   For the purposes of this Act a person is charged with an offence
              when the officer investigating the offence --
                (a) informs the person that he or she will be charged with
                       the offence, whether or not at that time the officer has
                       made or sworn a complaint in respect of the offence; or
30              (b) makes or swears a complaint in respect of the offence,
              whichever happens first.

     page 6
                              Criminal Investigation (Identifying People) Bill 2001
                                                        Preliminary          Part 1

                                                                                s. 4



          (3)   Examples prefaced by "For example:" in this Act do not form
                part of it and are provided to assist understanding.

     4.         Meaning of "reasonably suspects"
                For the purposes of this Act, a person reasonably suspects
5               something at a relevant time if he or she, acting in good faith,
                personally has grounds at the time for suspecting the thing and
                those grounds (even if they are subsequently found to be false or
                non-existent), when judged objectively, are reasonable.

     5.         Public officers may be authorised to exercise powers
10        (1)   For the purposes of this Act and in particular the definition of
                "public officer" in section 3, another Act or the regulations
                made under this Act may --
                  (a) prescribe an office to which people are appointed under
                        a written law for a public purpose and a function of
15                      which is the investigation of offences; and
                  (b) in respect of that office, specify those of the powers in
                        this Act that a holder of that office may exercise, being
                        powers that this Act provides may be exercised by a
                        public officer.
20        (2)   A public officer may only exercise a power under this Act in
                relation to an offence if --
                  (a) the office held by the public officer has been prescribed
                        under subsection (1)(a);
                  (b) the power is one that has been specified under
25                      subsection (1)(b) as one that the officer may exercise;
                        and
                  (c) the offence is one that the officer, by virtue of being
                        such an officer, is authorised to investigate or prosecute.




                                                                             page 7
     Criminal Investigation (Identifying People) Bill 2001
     Part 1           Preliminary

     s. 6



     6.         Officer's duty to identify himself or herself
          (1)   If under this Act an officer is required to identify himself or
                herself to a person the officer must --
                  (a) if the officer is a police officer --
5                          (i) give the person the officer's official details; and
                          (ii) if the officer is not in uniform, show the person
                                evidence that the officer is a police officer;
                  (b) if the officer is a public officer --
                           (i) give the person the officer's official details; and
10                        (ii) show the person evidence that the officer is a
                                public officer.
          (2)   If an officer cannot comply with subsection (1)(a)(ii) or
                (1)(b)(ii) immediately, the officer must comply with it as soon
                as practicable.

15   7.         Non-consent to be assumed in some cases
                A person who, having been requested under this Act to undergo
                an identifying procedure --
                  (a) does not reply; or
                  (b) having consented to it resists the carrying out of it,
20              is taken not to have consented to undergoing it.

     8.         Procedures for obtaining material from which to obtain
                DNA profile
          (1)   Material from which to obtain the DNA profile of a person may
                be obtained by doing one or, subject to section 59, more than
25              one of the following procedures in the following order --
                  (a) by doing one or both of these non-intimate identifying
                        procedures --
                          (i) taking a buccal swab from the person;

     page 8
                                Criminal Investigation (Identifying People) Bill 2001
                                                          Preliminary          Part 1

                                                                                 s. 9



                         (ii) taking a sample of the person's hair (including
                              the roots), other than pubic hair;
                 (b)   by doing one or both of these intimate identifying
                       procedures --
5                        (i) taking a sample of the person's blood;
                        (ii) taking a sample of the person's pubic hair
                              (including the roots).
          (2)   Without limiting subsection (1) material from which to obtain
                the DNA profile of a deceased person may be obtained by
10              taking any body tissue from the person.
          (3)   A person must not use a procedure in subsection (1) to obtain
                material from a person unless it is impracticable to use a
                procedure listed before that procedure.

     9.         Samples of material to be provided on request
15        (1)   In this section --
                "sample" means a sample of material from which to obtain the
                     DNA profile of a person that is taken from the person under
                     this Act.
          (2)   This section applies to a sample if --
20               (a) there is enough of the sample to be analysed for the
                        purposes of this Act and also by or on behalf of the
                        person from whom the sample was taken; and
                 (b) the person requests a part of the sample.
          (3)   The officer responsible for a sample being taken must ensure
25              that --
                  (a) a part of the sample that is enough for analysis is made
                       available, without charge, to the person from whom it
                       was taken;



                                                                              page 9
     Criminal Investigation (Identifying People) Bill 2001
     Part 1           Preliminary

     s. 10



                  (b)    reasonable care is taken to ensure that the person's part
                         of the sample is protected and preserved until the person
                         is given it; and
                   (c)   reasonable assistance is given to the person to ensure
5                        that the sample is protected and preserved until it is
                         analysed.
           (4)   A person from whom a sample is taken must be informed that,
                 subject to the matter referred to in subsection (2)(a), a part of
                 the sample will be made available to him or her if requested.

10   10.         When a charge is finalised without a finding of guilt
                 For the purposes of this Act, a charge is finalised without a
                 finding of guilt if --
                   (a) the charge is withdrawn;
                   (b) the charge is dismissed without a finding as to whether
15                       the person charged is guilty or not guilty; or
                   (c) the person charged is found not guilty of the charge and
                         is not found guilty of any other offence of which the
                         person could have been found guilty as a result of the
                         charge and --
20                          (i) no appeal is commenced against the finding; or
                           (ii) an appeal is commenced against the finding and
                                 the appeal is withdrawn or the finding is
                                 confirmed.




     page 10
                               Criminal Investigation (Identifying People) Bill 2001
                                                           General            Part 2

                                                                                 s. 11



                                 Part 2 -- General
     11.         Application of this Act
           (1)   In this section --
                 "identifying particular", in relation to a person, means --
5                    (a) a print of the person's hands (including fingers), feet
                           (including toes) or ears;
                     (b) a photograph of the person (including of an
                           identifying feature of the person);
                     (c) an impression of an identifying feature of the person
10                         (including a dental impression);
                     (d) a sample of the person's hair taken for purposes other
                           than obtaining the person's DNA profile;
                     (e) the person's DNA profile;
                 "law enforcement officer" means a police officer or a person
15                   appointed under a written law for a public purpose.
           (2)   This Act does not apply --
                  (a) to a person who, not being a law enforcement officer
                        acting in the course of duty, obtains an identifying
                        particular from, or a personal detail of, another person;
20                      or
                  (b) to an identifying particular, or a personal detail, obtained
                        by such a person.
           (3)   This Act does not apply to or in respect of an identifying
                 particular, or a personal detail, obtained in accordance with
25               another written law.

     12.         Information and forensic material from another State,
                 a Territory or the Commonwealth
                 Subject to section 91(2), forensic material, or information
                 obtained from it, that is taken in accordance with the law of

                                                                           page 11
     Criminal Investigation (Identifying People) Bill 2001
     Part 2           General

     s. 13



                 another State, a Territory or the Commonwealth may be
                 retained or used in this State for investigative, statistical or
                 evidentiary purposes even if its retention or use would, but for
                 this section, constitute a breach of, or failure to comply with,
5                any provision of this Act relating to the carrying out of
                 identifying procedures.

     13.         Assistance when exercising powers
           (1)   A person who may exercise a power in this Act may authorise
                 as many other persons to assist in exercising the power as are
10               reasonably necessary in the circumstances.
           (2)   A person so authorised may exercise the power or assist the
                 other person in exercising the power, as the case requires.
           (3)   Whether authorised to do so or not, a person may assist another
                 person in exercising a power in this Act if the person believes,
15               on reasonable grounds, that the other person --
                   (a) is lawfully entitled to exercise the power; and
                   (b) needs assistance for the purpose of doing so.
           (4)   A person who under subsection (2) or (3) may exercise a power,
                 or assist in exercising a power, must obey any lawful and
20               reasonable directions of the person who gave the authorisation
                 or who is being assisted.

     14.         Use of force when exercising powers
                 When exercising a power in this Act, a person may use any
                 force that is reasonably necessary in the circumstances --
25                 (a) to exercise the power; and
                   (b) to overcome any resistance to exercising the power that
                         is offered, or that the person exercising the power
                         reasonably suspects will be offered, by any person.



     page 12
                               Criminal Investigation (Identifying People) Bill 2001
                                                           General            Part 2

                                                                                 s. 15



     15.         Applying for warrants
           (1)   In this section --
                 "judicial officer" means a JP or a magistrate, as the case
                     requires.
5          (2)   This section applies to and in respect of an application to a
                 judicial officer for a warrant if another section of this Act
                 requires the application to be made under this section.
           (3)   The application must be made in writing in the prescribed form.
           (4)   Subject to subsection (6)(c), the application must be made, and
10               any information in support of it must be given, on oath.
           (5)   The application must be made in person before a judicial officer
                 unless --
                   (a) the warrant is needed urgently; and
                  (b) the applicant reasonably suspects that a judicial officer
15                      is not known to be available within a reasonable
                        distance of the applicant,
                 in which case it may be made to a judicial officer by remote
                 communication.
           (6)   If an application for a warrant is made to a judicial officer by
20               remote communication --
                   (a) the applicant must prepare a written application and if
                         practicable send it to the judicial officer;
                   (b) if it is not practicable to send the written application to
                         the judicial officer, the applicant may make the
25                       application orally;
                   (c) if it is not practicable to comply with subsection (4), the
                         applicant may make the application, and give
                         information in support of the application to the judicial
                         officer, in an unsworn form; and


                                                                            page 13
     Criminal Investigation (Identifying People) Bill 2001
     Part 2           General

     s. 15



                (d)    the judicial officer must not grant the application unless
                       satisfied there are grounds under subsection (5) for the
                       application not to be made in person.
        (7)    If the application is made orally under subsection (6)(b), the
5              judicial officer must complete the prescribed form of
               application.
        (8)    If information in support of the application is given orally, the
               judicial officer must make a record of it.
        (9)    If --
10               (a)   an applicant makes an unsworn application or gives a
                       judicial officer unsworn information; and
                (b)    the judicial officer issues a warrant,
               the applicant must send the judicial officer an affidavit verifying
               the application or containing the information as soon as
15             practicable after the warrant is issued.
       (10)    If the application is made by remote communication and the
               judicial officer issues the warrant, then --
                 (a) if it is reasonably practicable to send a copy of the
                        warrant to the applicant by remote communication, the
20                      judicial officer must immediately do so;
                 (b) if it is not reasonably practicable to so send a copy of the
                        warrant --
                           (i) the judicial officer must immediately give the
                                applicant by remote communication any
25                              information that is required to be set out in the
                                warrant;
                          (ii) the applicant must complete a form of the
                                warrant with the information given by the
                                judicial officer;



     page 14
                            Criminal Investigation (Identifying People) Bill 2001
                                                        General            Part 2

                                                                            s. 15



                    (iii)   the applicant must give the judicial officer a copy
                            of the completed form as soon as practicable
                            after the warrant is issued; and
                    (iv)    the judicial officer must attach the copy of the
5                           completed form to the original warrant issued by
                            the judicial officer and any affidavit received
                            from the applicant in support of the application
                            and make them available for collection by the
                            applicant.
10   (11)   If a copy of a warrant is received by remote communication
            under subsection (10)(a) or a form of warrant is completed in
            accordance with subsection (10)(b)(ii), it has the same effect as
            the original warrant issued by the judicial officer.
     (12)   If an applicant contravenes subsection (9) or (10), any evidence
15          obtained under the warrant is not admissible in proceedings in a
            court unless the court decides otherwise under section 86.




                                                                        page 15
     Criminal Investigation (Identifying People) Bill 2001
     Part 3           Personal details of people

     s. 16



                     Part 3 -- Personal details of people
     16.         Officer may ask for name, address, etc.
           (1)   In this section --
                 "personal details", in relation to a person, means --
5                    (a) the person's full name;
                     (b) the person's date of birth;
                     (c) the address of where the person is living;
                     (d) the address of where the person usually lives.
           (2)   If an officer reasonably suspects that a person whose personal
10               details are unknown to the officer --
                   (a) has committed or is committing or is about to commit an
                          offence; or
                   (b) may be able to assist in the investigation of an offence
                          or a suspected offence,
15               the officer may request the person to give the officer any or all
                 of the person's personal details.
           (3)   If an officer reasonably suspects that a personal detail given by
                 a person in response to a request is false, the officer may request
                 the person to produce evidence of the correctness of the detail.
20         (4)   A person to whom a request is made under subsection (2) or (3)
                 may request the officer making the request to identify himself or
                 herself.
           (5)   An officer who is requested by a person to identify himself or
                 herself must do so.
25         (6)   A person who, without reasonable excuse, does not comply with
                 a request made under subsection (2) or (3) commits an offence.
                 Penalty: Imprisonment for 12 months.




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                         Criminal Investigation (Identifying People) Bill 2001
                                    Personal details of people          Part 3

                                                                         s. 16



     (7)   For the purposes of subsection (6), the fact that an officer did
           not comply with subsection (5) as soon as practicable is a
           reasonable excuse.
     (8)   A person who, in response to a request made under
5          subsection (2), gives any false personal details commits an
           offence.
           Penalty: Imprisonment for 12 months.
     (9)   A person who, in response to a request made under
           subsection (3), produces any false evidence commits an offence.
10         Penalty: Imprisonment for 12 months.




                                                                      page 17
     Criminal Investigation (Identifying People) Bill 2001
     Part 4           Identifying particulars of volunteers and others
     Division 1       Preliminary
     s. 17



           Part 4 -- Identifying particulars of volunteers and
                                 others
                             Division 1 -- Preliminary
     17.       Definitions
5              In this Part --
               "identifying particular", in relation to a person, means --
                   (a) a print of the person's hands (including fingers), feet
                         (including toes) or ears;
                   (b) a photograph of the person (including of an
10                       identifying feature of the person);
                   (c) an impression of an identifying feature of the person
                         (including a dental impression);
                   (d) a sample of the person's hair taken for purposes other
                         than obtaining the person's DNA profile;
15                 (e) the person's DNA profile;
               "volunteer" means a person who is --
                   (a) an adult to whom section 19(1)(a) applies;
                   (b) an incapable person to whom section 19(1)(b)
                         applies; or
20                 (c) a child to whom section 19(1)(c) applies.

     18.       How identifying procedures are to be done
               An identifying procedure that under Division 2 or 4 may be
               done on a person must be done in accordance with Part 8.




     page 18
                                  Criminal Investigation (Identifying People) Bill 2001
                         Identifying particulars of volunteers and others        Part 4
                                                               Volunteers   Division 2
                                                                                   s. 19



                                Division 2 -- Volunteers
     19.         Volunteer for an identifying procedure to be informed
           (1)   If --
                   (a)    in the case of a person who is an adult, the person
5                         volunteers to a police officer to undergo an identifying
                          procedure for or in connection with a forensic purpose;
                  (b)     in the case of a protected person who is an incapable
                          person, a responsible person wants the incapable person
                          to undergo an identifying procedure for or in connection
10                        with a forensic purpose and informs a police officer
                          accordingly; or
                   (c)    in the case of a protected person who is a child --
                             (i) the child is willing to undergo an identifying
                                  procedure for or in connection with a forensic
15                                purpose; and
                            (ii) a responsible person wants the child to undergo
                                  the procedure and informs a police officer
                                  accordingly,
                 the officer must inform the volunteer and, if the case requires,
20               the responsible person, in accordance with subsection (2).
           (2)   The volunteer and, if the case requires, the responsible person,
                 must be informed of these matters --
                  (a) which identifying particulars of the volunteer are sought
                        to be obtained by means of the identifying procedure;
25                (b) how the procedure will be carried out;
                  (c) that subject to his or her decision, the volunteer's
                        identifying information may be compared with or put in
                        a forensic database;
                  (d) that the procedure may provide evidence that could be
30                      used in court against the volunteer;


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     Criminal Investigation (Identifying People) Bill 2001
     Part 4           Identifying particulars of volunteers and others
     Division 2       Volunteers
     s. 20



                  (e)    that he or she may decide whether --
                            (i) to limit the forensic purposes for which the
                                  volunteer's identifying information may be used;
                                  or
5                          (ii) to allow the identifying information to be used
                                  for unlimited forensic purposes;
                   (f)   that he or she may decide whether the identifying
                         information can be kept by the WA Police --
                            (i) for a limited period; or
10                         (ii) indefinitely;
                  (g)    that, if the procedure is done, he or she may
                         subsequently change the decision on the matters in
                         paragraphs (e) and (f) by notifying the Commissioner of
                         Police;
15                (h)    that the volunteer is not obliged to undergo the
                         procedure;
                   (i)   that he or she may get legal advice before deciding
                         whether or not to consent to the procedure;
                   (j)   that, if deciding to consent to the procedure, he or she
20                       may withdraw consent at any time before the procedure
                         has been completed; and
                  (k)    any matter prescribed by the regulations.
           (3)   The information in subsection (2) may be provided in writing.

     20.         Volunteer may consent
25         (1)   If section 19(2) has been complied with --
                   (a) a volunteer who is an adult --
                            (i) may consent to the identifying procedure that he
                                 or she was informed about; and
                           (ii) if he or she consents, must decide the matters in
30                               section 19(2)(e) and (f);

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                           Criminal Investigation (Identifying People) Bill 2001
                  Identifying particulars of volunteers and others        Part 4
                                                        Volunteers   Division 2
                                                                            s. 20



            (b)    a responsible person --
                      (i) may consent to a protected person undergoing
                          the identifying procedure that the responsible
                          person was informed about; and
5                    (ii) if he or she consents, must decide the matters in
                          section 19(2)(e) and (f).
     (2)   The consent and decisions of a person must be recorded in
           writing on a form approved by the Commissioner of Police and
           signed by the person in the presence of a police officer.
10   (3)   A copy of the person's signed form must be given to the person.
     (4)   When the consent of a person has been given and recorded in
           accordance with this section, the identifying procedure may be
           done on the volunteer unless, before it has been completed --
             (a) if the volunteer is an adult, the volunteer withdraws his
15                or her consent; or
            (b)    if the volunteer is a protected person --
                      (i) the volunteer objects to or resists the carrying out
                           of the procedure; or
                     (ii) the responsible person withdraws his or her
20                         consent to the volunteer undergoing the
                           procedure.
     (5)   If an identifying procedure has been done under this Division on
           an adult, the adult may subsequently change his or her decision
           on the matters in section 19(2)(e) and (f) by notifying the
25         Commissioner of Police.
     (6)   If an identifying procedure has been done under this Division on
           a protected person --
             (a) a responsible person; or




                                                                        page 21
     Criminal Investigation (Identifying People) Bill 2001
     Part 4           Identifying particulars of volunteers and others
     Division 3       Deceased people
     s. 21



                  (b)   if the protected person was a child at the time the
                        identifying procedure was done who has since then
                        reached 18 years of age, that person,
                 may subsequently change the decision on the matters in
5                section 19(2)(e) and (f) by notifying the Commissioner of
                 Police.

                           Division 3 -- Deceased people
     21.         Identifying particulars of deceased people
           (1)   The State Coroner may authorise the taking of identifying
10               particulars from deceased people, whether or not their deaths
                 are reportable deaths within the meaning of the Coroners
                 Act 1996, for or in connection with forensic purposes.
           (2)   An authorisation given under subsection (1) may apply --
                  (a) generally to all deceased people or identifying
15                      particulars;
                  (b) to a specific class of deceased people or identifying
                        particulars; or
                  (c) conditionally or unconditionally.
           (3)   A coroner, on his or her own initiative or on the application of a
20               person with a proper interest, may --
                   (a) authorise a person to obtain an identifying particular
                        from a deceased person for or in connection with a
                        forensic purpose; and
                   (b) make any orders necessary to enable the identifying
25                      particular to be obtained, including orders relating to the
                        temporary custody of the body of the deceased person.
           (4)   An authorisation given under this section must be in writing.
           (5)   If an authorisation is given under this section the person giving
                 it must give directions for the purpose of section 63.

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                               Criminal Investigation (Identifying People) Bill 2001
                      Identifying particulars of volunteers and others        Part 4
                                                        Police officers  Division 4
                                                                                s. 22



                            Division 4 -- Police officers
    22.         Identifying particulars of police officers
          (1)   The Commissioner of Police may require a person who at the
                time is appointed under Part I, III or IIIA of the Police Act 1892
5               to undergo an identifying procedure for or in connection with
                the forensic purposes prescribed by the regulations for the
                purposes of this subsection.
          (2)   The powers in this section may be exercised as often as the
                Commissioner of Police thinks is necessary.




                                                                            page 23
     Criminal Investigation (Identifying People) Bill 2001
     Part 5           Identifying particulars of victims and witnesses

     s. 23



             Part 5 -- Identifying particulars of victims and
                               witnesses
     23.         Definitions
                 In this Part --
5                "identifying particular", in relation to a person, means --
                     (a) a print of the person's hands (including fingers), feet
                           (including toes) or ears;
                     (b) a photograph of the person (including of an
                           identifying feature of the person);
10                   (c) an impression of an identifying feature of the person
                           (but not including a dental impression);
                     (d) a sample of the person's hair taken for purposes other
                           than obtaining the person's DNA profile;
                     (e) the person's DNA profile;
15               "involved person" means a person who is not a suspect for an
                     offence but who is reasonably suspected to have been the
                     victim of or to have witnessed the commission of the
                     offence.

     24.         How identifying procedures are to be done
20               An identifying procedure that under this Part may be done on an
                 involved person must be done in accordance with Part 8.

     25.         Request to adult to undergo identifying procedure
           (1)   In this section --
                 "involved person" means an involved person who is an adult.
25         (2)   If an officer reasonably suspects --
                   (a) that an offence has been committed; and



     page 24
                            Criminal Investigation (Identifying People) Bill 2001
                  Identifying particulars of victims and witnesses         Part 5

                                                                           s. 25



            (b)    that an identifying particular of an involved person,
                   obtainable by means of a non-intimate identifying
                   procedure, will afford evidence of the commission of the
                   offence or of who committed the offence,
5          the officer may request the person to consent to undergoing the
           non-intimate identifying procedure to obtain the identifying
           particular.
     (3)   An officer who requests an involved person to consent to an
           identifying procedure must at the time inform the person of
10         these matters --
             (a) the offence that is suspected of having been committed
                   and to which the procedure relates;
             (b) the purpose of the procedure;
             (c) how the procedure will be done;
15           (d) that, subject to the person's decision, information
                   derived from the procedure may be compared with or
                   put in a forensic database;
             (e) the circumstances in which destruction may be
                   requested under section 69;
20            (f) that if the person should become a suspect for the
                   offence, evidence provided by the procedure could be
                   used in a court against the person;
             (g) that the person may decide whether --
                      (i) to limit the forensic purposes for which
25                         information derived from the procedure may be
                           used; or
                     (ii) to allow the information to be used for unlimited
                           forensic purposes;
             (h) that, if the procedure is done, the person may
30                 subsequently change the decision on the matters in
                   paragraph (g) by notifying the Commissioner of Police;


                                                                        page 25
     Criminal Investigation (Identifying People) Bill 2001
     Part 5           Identifying particulars of victims and witnesses

     s. 26



                   (i)   that the person may consent or refuse to consent to the
                         procedure; and
                   (j)   that, if the person consents to the procedure, he or she
                         may withdraw consent at any time before the procedure
5                        has been completed.
     26.         Request for protected person to undergo identifying
                 procedure
           (1)   In this section --
                 "involved person" means an involved person who is a
10                    protected person.
           (2)   If an officer reasonably suspects --
                  (a)    that an offence has been committed; and
                  (b)    that an identifying particular of an involved person,
                         obtainable by means of a non-intimate identifying
15                       procedure, will afford evidence of the commission of the
                         offence or of who committed the offence,
                 the officer may request a responsible person to consent to the
                 non-intimate identifying procedure being done on the involved
                 person to obtain the identifying particular.
20         (3)   An officer who requests a responsible person to consent to a
                 procedure being done on an involved person must at the time
                 inform the responsible person of these matters --
                   (a) the offence that is suspected of having been committed
                        and to which the procedure relates;
25                 (b) the purpose of the procedure;
                   (c) how the procedure will be done;
                   (d) that, subject to the responsible person's decision,
                        information derived from the procedure may be
                        compared with or put in a forensic database;



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                                   Criminal Investigation (Identifying People) Bill 2001
                         Identifying particulars of victims and witnesses         Part 5

                                                                                  s. 27



                  (e)     the circumstances in which destruction may be
                          requested under section 69;
                   (f)    that if the involved person should become a suspect for
                          the offence, evidence provided by the procedure could
5                         be used in a court against the involved person;
                  (g)     that the responsible person may decide whether --
                             (i) to limit the forensic purposes for which
                                   information derived from the procedure may be
                                   used; or
10                          (ii) to allow the information to be used for unlimited
                                   forensic purposes;
                  (h)     that, if the procedure is done, the responsible person
                          may subsequently change the decision on the matters in
                          paragraph (g) by notifying the Commissioner of Police;
15                 (i)    that the responsible person may consent or refuse to
                          consent to the procedure being done on the involved
                          person;
                   (j)    that, if the responsible person consents to the procedure,
                          he or she may withdraw consent at any time before the
20                        procedure has been completed; and
                  (k)     that if the responsible person does not consent or
                          withdraws consent --
                             (i) an application may be made for authority to do
                                   the procedure against the responsible person's
25                                 will; and
                            (ii) if authority is given the procedure may be done
                                   against the responsible person's will.

     27.         Request and giving of information to be recorded
           (1)   An officer who makes a request under section 25 or 26 must
30               ensure that a record is made of the request, of the information



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     Criminal Investigation (Identifying People) Bill 2001
     Part 5           Identifying particulars of victims and witnesses

     s. 28



                 given under the section and of the involved person's or
                 responsible person's responses (if any).
           (2)   The record must be an audiovisual record or in writing.

     28.         When identifying procedure may be done
5          (1)   If --
                   (a)   under section 25 a request is made to an involved person
                         or under section 26 to a responsible person;
                  (b)    the person is informed in accordance with section 25 or
                         26, as the case requires; and
10                 (c)   as the case requires, either --
                            (i) the involved person who is an adult consents to
                                 the procedure and decides the matters in
                                 section 25(3)(g); or
                           (ii) the responsible person consents to the procedure
15                               being done on the involved person who is a
                                 protected person and decides the matters in
                                 section 26(3)(g),
                 then the non-intimate identifying procedure may be done on the
                 involved person.
20         (2)   If an involved person who is an adult, having been --
                   (a)   requested under section 25 to consent to an identifying
                         procedure; and
                  (b)    informed under that section,
                 does not consent or withdraws consent to the procedure being
25               done, the procedure cannot be done or continue to be done on
                 the involved person.




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                                 Criminal Investigation (Identifying People) Bill 2001
                       Identifying particulars of victims and witnesses         Part 5

                                                                                s. 29



           (3)   If a responsible person, having been --
                   (a) requested under section 26 to consent to an identifying
                          procedure being done on an involved person who is a
                          protected person; and
5                  (b) informed under that section,
                 does not consent or withdraws consent to the procedure being
                 done, the procedure may only be done on the involved person if
                 a magistrate issues an IP warrant (involved protected person)
                 that authorises it.
10   29.         Consent may be withdrawn
           (1)   This section applies to and in respect of an involved person if an
                 identifying procedure may be done on the involved person
                 under section 28(1).
           (2)   An adult involved person who has consented to undergoing the
15               identifying procedure may withdraw his or her consent at any
                 time before the procedure has been completed.
           (3)   A responsible person who has consented to an identifying
                 procedure being done on an involved person who is a protected
                 person may withdraw his or her consent at any time before the
20               procedure on the involved person has been completed.
           (4)   If consent is withdrawn under this section, section 28(2) or (3)
                 applies, as the case requires.
     30.         Decision may be changed
           (1)   If an identifying procedure has been done under section 28(1)
25               on an involved person who is an adult, the involved person may
                 subsequently change his or her decision on the matters in
                 section 25(3)(g) by notifying the Commissioner of Police.
           (2)   If an identifying procedure has been done under section 28(1)
                 on an involved person who is a protected person --
30                 (a) a responsible person; or

                                                                             page 29
     Criminal Investigation (Identifying People) Bill 2001
     Part 5           Identifying particulars of victims and witnesses

     s. 31



                  (b)   if the protected person was a child at the time the
                        identifying procedure was done who has since then
                        reached 18 years of age, that person,
                 may subsequently change the decision on the matters in
5                section 26(3)(g) by notifying the Commissioner of Police.

     31.         Officer may apply for IP warrant (involved protected
                 person)
                 An officer may apply for an IP warrant (involved protected
                 person) to do an identifying procedure on an involved person
10               who is a protected person --
                  (a)   if the officer reasonably suspects that, if a request were
                        made under section 26, the investigation of the offence
                        concerned would be prejudiced; or
                  (b)   if under section 28 an IP warrant (involved protected
15                      person) is needed in order to do it.

     32.         Application for IP warrant (involved protected person)
           (1)   Only an officer may apply for an IP warrant (involved protected
                 person).
           (2)   An application for an IP warrant (involved protected person)
20               must be made to a magistrate in accordance with section 15.
           (3)   An application for an IP warrant (involved protected person)
                 must --
                  (a) name the person in respect of whom the warrant is
                        wanted;
25                (b) state the offence in respect of which the involved person
                        is suspected to have been an involved person;
                  (c) state the grounds on which the applicant suspects that
                        the person is an involved person in respect of the
                        offence;


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                             Criminal Investigation (Identifying People) Bill 2001
                   Identifying particulars of victims and witnesses         Part 5

                                                                            s. 32



            (d)     specify the identifying particular that is sought and the
                    non-intimate identifying procedure by means of which it
                    is to be obtained;
            (e)     state the grounds on which the applicant suspects that
5                   the identifying particular will afford evidence of
                    whether or not another person committed the offence;
             (f)    if the application is made under section 31(a) -- state
                    the grounds on which the applicant suspects that the
                    investigation of the offence concerned would be
10                  prejudiced if a request were made under section 26; and
            (g)     comply with the relevant provisions of subsection (4).
     (4)   An application for an IP warrant (involved protected person)
           must also state the applicant's grounds for suspecting --
            (a) if the application is made under section 31(b) -- either
15                that it is not reasonably practicable to obtain a
                  responsible person's consent to the involved person
                  undergoing the procedure or --
                     (i) that a responsible person has refused to or will
                           not consent, or has withdrawn consent, to the
20                         involved person undergoing the procedure;
                    (ii) that the responsible person is a suspect in relation
                           to a serious offence; and
                   (iii) that the procedure will afford evidence of
                           whether or not the responsible person committed
25                         the offence;
                  and
            (b) in the case of a child, that the child --
                     (i) is willing to undergo the non-intimate identifying
                           procedure; and
30                  (ii) is sufficiently mature and capable of
                           understanding the general nature and effect of,


                                                                         page 31
     Criminal Investigation (Identifying People) Bill 2001
     Part 5           Identifying particulars of victims and witnesses

     s. 33



                                and the reason for and the consequences of,
                                undergoing the procedure.
     33.         Issue and effect of IP warrant (involved protected person)
           (1)   On an application made under section 32 a magistrate may issue
5                an IP warrant (involved protected person) if the magistrate is
                 satisfied --
                   (a) that, in respect of the matters in section 32(3) and (4) on
                          which the applicant is required to have a suspicion, there
                          are reasonable grounds for the applicant to have that
10                        suspicion; and
                   (b) that the interests of justice justify obtaining the
                          identifying particular specified in the application.
           (2)   In determining whether to make and, if so, the terms of an IP
                 warrant (involved protected person), the magistrate is to take
15               into account --
                   (a) the seriousness of the offence in respect of which the
                         involved person is suspected to have been a victim or
                         witness;
                   (b) in the case of a child -- the maturity of the child and his
20                       or her capacity to make decisions and whether he or she
                         is willing to undergo the procedure, to the extent that
                         those matters can be determined by the magistrate; and
                   (c) the best interests of the protected person.
           (3)   For the purposes of this section, a magistrate may inform
25               himself or herself in any way he or she thinks fit.
           (4)   In the case of an application for an IP warrant (involved
                 protected person) in respect of an incapable person, the
                 magistrate may, on his or her own initiative --
                   (a) give a copy of the application to the Public Advocate;
30                 (b) seek information or submissions from the Public
                         Advocate; or

     page 32
                             Criminal Investigation (Identifying People) Bill 2001
                   Identifying particulars of victims and witnesses         Part 5

                                                                            s. 33



             (c) if the warrant is issued, give a copy of it to the Public
                 Advocate,
           and may use remote communication to do so.
     (5)   An IP warrant (involved protected person) must contain this
5          information --
             (a) the official details of the applicant;
             (b) the name of the involved person to whom it relates;
             (c) the offence to which it relates;
             (d) the identifying particular to be obtained and the
10                non-intimate identifying procedure by means of which it
                  is to be obtained;
             (e) either --
                     (i) the limited forensic purposes for or in connection
                          with which the involved person's identifying
15                        information may be used; or
                    (ii) a statement that the information may be used for
                          or in connection with unlimited forensic
                          purposes;
              (f) whether that identifying information may be put in a
20                forensic database;
             (g) the period, not exceeding 14 days, during which it may
                  be executed;
             (h) the name of the magistrate who issued it; and
              (i) the date and time when it was issued.
25   (6)   An IP warrant (involved protected person) must be in the
           prescribed form.
     (7)   An IP warrant (involved protected person) authorises --
             (a)    an officer authorised by subsection (8) --
                      (i) to arrest the involved person to whom it relates;
30                          and

                                                                         page 33
     Criminal Investigation (Identifying People) Bill 2001
     Part 5           Identifying particulars of victims and witnesses

     s. 33



                         (ii)   to detain him or her for a reasonable period in
                                order to do the procedure specified in it;
                       and
                 (b)   if applicable, the doing of the procedure on the involved
5                      person against the responsible person's will.
        (8)    The powers in subsection (7)(a) may be exercised by --
                (a) if a police officer applied for the warrant, any police
                     officer; or
                (b) if a public officer applied for the warrant, any public
10                   officer who has the same functions as the applicant, or
                     any police officer.




     page 34
                          Criminal Investigation (Identifying People) Bill 2001
                  Identifying particulars of uncharged suspects          Part 6

                                                                         s. 34



     Part 6 -- Identifying particulars of uncharged suspects
     34.   Definitions
           In this Part --
           "identifying particular", in relation to a person, means --
5              (a) a print of the person's hands (including fingers), feet
                     (including toes) or ears;
               (b) a photograph of the person (including of an
                     identifying feature of the person);
               (c) an impression of an identifying feature of the person
10                   (including a dental impression);
               (d) a sample of the person's hair taken for purposes other
                     than obtaining the person's DNA profile;
               (e) the person's DNA profile;
           "suspect" means a person who is reasonably suspected of
15             having committed a serious offence but who has not been
               charged with the offence, and, for the purposes of this
               definition, it does not matter whether or not the person is in
               lawful custody.

     35.   Purpose of identifying procedure
20         This Part does not authorise an identifying procedure to be done
           on a suspect except for the purpose of obtaining an identifying
           particular of the suspect that is reasonably suspected will afford
           evidence of whether or not the suspect committed a serious
           offence that he or she is reasonably suspected of having
25         committed.

     36.   How identifying procedures are to be done
           An identifying procedure that under this Part may be done on a
           suspect must be done in accordance with Part 8.



                                                                      page 35
     Criminal Investigation (Identifying People) Bill 2001
     Part 6           Identifying particulars of uncharged suspects

     s. 37



     37.         Request to adult to undergo identifying procedure
           (1)   In this section --
                 "suspect" means a suspect who is an adult.
           (2)   If an officer reasonably suspects --
5                 (a)   that a serious offence has been committed; and
                  (b)   that an identifying particular of a suspect for the offence
                        will afford evidence of whether or not the suspect
                        committed the offence,
                 the officer may request the suspect to consent to an identifying
10               procedure being done on the suspect to obtain the identifying
                 particular.
           (3)   An officer who requests a suspect to consent to an identifying
                 procedure being done on the suspect must at the time inform the
                 suspect of these matters --
15                 (a) the serious offence that the suspect is suspected of
                         having committed and to which the procedure relates;
                   (b) the purpose of the procedure;
                   (c) how the procedure will be done;
                   (d) that information derived from the procedure may be
20                       compared with or put in a forensic database;
                   (e) the circumstances in which destruction may be
                         requested under section 69;
                    (f) that the procedure may provide evidence that could be
                         used in a court against the suspect;
25                 (g) that the suspect may consent or refuse to consent to the
                         procedure;
                   (h) that, if the suspect consents to the procedure, he or she
                         may withdraw consent at any time before the procedure
                         has been completed; and


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                                 Criminal Investigation (Identifying People) Bill 2001
                         Identifying particulars of uncharged suspects          Part 6

                                                                                s. 38



                   (i)   that if the suspect does not consent or withdraws
                         consent --
                            (i) an application may be made for authority to do
                                  the procedure against the suspect's will; and
5                          (ii) if authority is given the procedure may be done
                                  against the suspect's will.

     38.         Request for protected person to undergo identifying
                 procedure
           (1)   In this section --
10               "suspect" means a suspect who is a protected person.
           (2)   If an officer reasonably suspects --
                   (a) that an offence has been committed; and
                   (b) that an identifying particular of a suspect for the offence
                         will afford evidence of whether or not the suspect
15                       committed the offence,
                 the officer may request a responsible person to consent to an
                 identifying procedure being done on the suspect to obtain the
                 identifying particular.
           (3)   An officer who requests a responsible person to consent to an
20               identifying procedure being done on a suspect must at the time
                 inform the responsible person of these matters --
                   (a) the offence that the suspect is suspected of having
                         committed and to which the procedure relates;
                   (b) the purpose of the procedure;
25                 (c) how the procedure will be done;
                  (d)    that information derived from the procedure may be
                         compared with or put in a forensic database;
                  (e)    the circumstances in which destruction may be
                         requested under section 69;



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                   (f)   that the procedure may provide evidence that could be
                         used in a court against the suspect;
                  (g)    that the responsible person may consent or refuse to
                         consent to the procedure being done on the suspect;
5                 (h)    that, if the responsible person consents to the procedure,
                         he or she may withdraw consent at any time before the
                         procedure has been completed; and
                   (i)   that if the responsible person does not consent or
                         withdraws consent --
10                          (i) an application may be made for authority to do
                                  the procedure against the responsible person's
                                  will; and
                           (ii) if authority is given the procedure may be done
                                  against the responsible person's will.
15         (4)   If the suspect is a child, the making of a request, and the giving
                 of information, under this section must be done in the presence
                 of the suspect.

     39.         Request and giving of information to be recorded
           (1)   An officer who makes a request under section 37 or 38 must
20               ensure that a record is made of the request, of the information
                 given under the section and of the suspect's or responsible
                 person's responses (if any).
           (2)   The record must be an audiovisual record or in writing.

     40.         When identifying procedure may be done
25         (1)   If --
                   (a)   under section 37 a request is made to a suspect or under
                         section 38 to a responsible person;
                  (b)    the suspect or responsible person is informed in
                         accordance with section 37 or 38, as the case requires;
30                       and

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                                                                               s. 41



                  (c)   as the case requires, either --
                          (i) the suspect, if an adult, consents to the
                                identifying procedure; or
                         (ii) the responsible person consents to the identifying
5                               procedure being done on the suspect who is a
                                protected person,
                 then the identifying procedure may be done on the suspect.
           (2)   If a suspect who is an adult, having been --
                   (a) requested under section 37 to consent to an identifying
10                       procedure; and
                   (b) informed under that section,
                 does not consent or withdraws consent to the procedure, the
                 procedure may only be done on the suspect if --
                   (c) in the case of a non-intimate identifying procedure -- a
15                      senior officer approves it under section 44; or
                   (d) in the case of an intimate identifying procedure -- a JP
                        issues an IP warrant (suspect) that authorises it.
           (3)   If a responsible person, having been --
                   (a) requested under section 38 to consent to an identifying
20                        procedure being done on a suspect who is a protected
                          person; and
                   (b) informed under that section,
                 does not consent or withdraws consent to the procedure, the
                 procedure may only be done on the suspect if a magistrate
25               issues an IP warrant (suspect) that authorises it.

     41.         Consent may be withdrawn
           (1)   This section applies to and in respect of a suspect if an
                 identifying procedure may be done on the suspect under
                 section 40(1).

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           (2)   An adult suspect who has consented to undergoing the
                 identifying procedure may withdraw his or her consent at any
                 time before the procedure has been completed.
           (3)   A responsible person who has consented to an identifying
5                procedure being done on a suspect who is a protected person
                 may withdraw his or her consent at any time before the
                 procedure on the suspect has been completed.
           (4)   If consent is withdrawn under this section, section 40(2) or (3)
                 applies, as the case requires.

10   42.         Officer may apply for approval of IP warrant (suspect)
           (1)   An officer may apply for the approval of a senior officer to do a
                 non-intimate identifying procedure on a suspect who is an adult
                 if under section 40(2) the approval of a senior officer is needed
                 in order to do it.
15         (2)   An officer may apply for an IP warrant (suspect) to do an
                 identifying procedure on a suspect --
                   (a) if the officer reasonably suspects that, if a request were
                         made under section 37 or 38, the investigation of the
                         offence concerned would be prejudiced; or
20                 (b) if under section 40(2) or (3) an IP warrant (suspect) is
                         needed in order to do it.

     43.         Application for approval to do non-intimate identifying
                 procedure on adult
           (1)   In this section --
25               "suspect" means a suspect who is an adult.
           (2)   An application for an approval under this section to do a
                 non-intimate identifying procedure on a suspect must be made
                 to another officer who is a senior officer and not involved in the
                 investigation of the offence to which the proposed non-intimate
30               identifying procedure relates.

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                         Identifying particulars of uncharged suspects          Part 6

                                                                                s. 44



           (3)   The application may be made by remote communication.
           (4)   The application must --
                  (a)    if practicable be in writing;
                  (b)    name the suspect to whom it relates;
5                 (c)    state the offence that the suspect is suspected of having
                         committed;
                  (d)    specify the identifying particular that is sought and the
                         non-intimate identifying procedure by means of which it
                         is to be obtained;
10                 (e)   state the grounds on which the applicant suspects --
                            (i) that the suspect has committed the offence; and
                           (ii) that the identifying particular sought will afford
                                 evidence of whether or not the suspect
                                 committed the offence.

15   44.         Senior officer may approve non-intimate identifying
                 procedure to be done on adult
           (1)   On an application made under section 43 a senior officer may
                 approve a non-intimate identifying procedure being done on a
                 suspect against the suspect's will.
20         (2)   A senior officer must not give approval unless he or she is
                 satisfied --
                   (a) that the suspect is an adult;
                   (b) that the suspect has been informed in accordance with
                          section 37;
25                 (c) that, in respect of the matters in section 43(4) about
                          which the applicant is required to have a suspicion, there
                          are reasonable grounds for the applicant to have that
                          suspicion; and
                   (d) that the interests of justice justify obtaining the
30                        identifying particular specified in the application.

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           (3)   As soon as practicable after giving approval a senior officer
                 must make a record of --
                  (a) the date and time when it was given; and
                  (b) the reasons for giving it.
5          (4)   An approval may be given by remote communication.
           (5)   An approval given under this section authorises --
                  (a) an officer --
                           (i) to arrest the suspect to whom it relates; and
                          (ii) to detain him or her for a reasonable period in
10                             order to do the non-intimate identifying
                               procedure approved;
                        and
                  (b) the doing of the non-intimate identifying procedure on
                        the suspect against his or her will.

15   45.         Application for IP warrant (suspect)
           (1)   Only an officer may apply for an IP warrant (suspect).
           (2)   An application for an IP warrant (suspect) must be made in
                 accordance with section 15 --
                   (a) to a JP if the application is in respect of an adult; or
20                 (b) to a magistrate if the application is in respect of a
                        protected person.
           (3)   An application for an IP warrant (suspect) must --
                   (a)   name the suspect in respect of whom the warrant is
                         wanted;
25                (b)    state the offence that the suspect is suspected of having
                         committed;




     page 42
                                 Criminal Investigation (Identifying People) Bill 2001
                         Identifying particulars of uncharged suspects          Part 6

                                                                                s. 46



                   (c)   specify the identifying particular that is sought and the
                         identifying procedure by means of which it is to be
                         obtained;
                  (d)    state the grounds on which the applicant suspects --
5                           (i) that the suspect has committed the offence; and
                           (ii) that the identifying particular sought will afford
                                 evidence of whether or not the suspect
                                 committed the offence.

     46.         Issue and effect of IP warrant (suspect)
10         (1)   On an application made under section 45 a JP or magistrate, as
                 the case requires, may issue an IP warrant (suspect) if he or she
                 is satisfied --
                    (a) that, in respect of the matters in section 45(3) on which
                          the applicant is required to have a suspicion, there are
15                        reasonable grounds for the applicant to have that
                          suspicion; and
                   (b) that the interests of justice justify obtaining the
                          identifying particular specified in the application.
           (2)   In the case of an application for an IP warrant (suspect) in
20               respect of an incapable person, the magistrate may, on his or her
                 own initiative --
                   (a) give a copy of the application to the Public Advocate;
                   (b) seek information or submissions from the Public
                         Advocate; or
25                 (c) if the warrant is issued, give a copy of it to the Public
                         Advocate,
                 and may use remote communication to do so.
           (3)   An IP warrant (suspect) must contain this information --
                   (a)   the official details of the applicant;


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     Part 6           Identifying particulars of uncharged suspects

     s. 46



                (b)    the name of the suspect to whom it relates;
                (c)    the offence to which it relates;
                (d)    the identifying particular to be obtained and the
                       identifying procedure by means of which it is to be
5                      obtained;
                (e)    the period, not exceeding 14 days, during which it may
                       be executed;
                 (f)   the name of the JP or magistrate who issued it; and
                (g)    the date and time when it was issued.
10      (4)    An IP warrant (suspect) must be in the prescribed form.
        (5)    An IP warrant (suspect) authorises --
                (a)    an officer authorised by subsection (6) --
                          (i) to arrest the suspect to whom it relates; and
                         (ii) to detain him or her for a reasonable period in
15                             order to do the identifying procedure specified in
                               it;
                       and
                (b)    the doing of the identifying procedure on the suspect
                       against his or her will or against the responsible person's
20                     will, as the case requires.
        (6)    The powers in subsection (5)(a) may be exercised by --
                (a) if a police officer applied for the warrant, any police
                     officer; or
                (b) if a public officer applied for the warrant, any public
25                   officer who has the same functions as the applicant, or
                     any police officer.




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                               Criminal Investigation (Identifying People) Bill 2001
                           Identifying particulars of charged suspects        Part 7

                                                                               s. 47



      Part 7 -- Identifying particulars of charged suspects
     47.         Definitions
                 In this Part --
                 "charged suspect" means a person who has been charged with,
5                    but not dealt with by a court for, a serious offence and, for
                     the purposes of this definition, it does not matter whether or
                     not the person is in lawful custody for the offence;
                 "identifying particular", in relation to a person, means --
                     (a) a print of the person's hands (including fingers), feet
10                         (including toes) or ears;
                     (b) a photograph of the person (including of an
                           identifying feature of the person);
                     (c) the person's DNA profile.
     48.         How identifying procedures are to be done
15               An identifying procedure that under this Part may be done on a
                 suspect must be done in accordance with Part 8.
     49.         Identifying particulars may be taken
           (1)   If an officer reasonably suspects that any or all of a charged
                 suspect's identifying particulars --
20                 (a) are not or may not be held by the WA Police; or
                   (b) are or may be needed to verify the person's identity with
                         identification particulars already held by the WA Police,
                 the officer may request the suspect to consent to an identifying
                 procedure being done on the suspect for the purpose of
25               obtaining one or more of the suspect's identifying particulars.
           (2)   An officer who requests a charged suspect to consent to an
                 identifying procedure being done on the suspect must at the
                 time inform the suspect of these matters --
                   (a) the purpose of the procedure;

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     Criminal Investigation (Identifying People) Bill 2001
     Part 7           Identifying particulars of charged suspects

     s. 50



                  (b)    how the procedure will be done;
                  (c)    that information derived from the procedure may be
                         compared with or put in a forensic database;
                  (d)    the circumstances in which destruction may be
5                        requested under section 69;
                   (e)   that the procedure may provide evidence that could be
                         used in a court against the suspect;
                   (f)   that if the suspect does not consent or withdraws consent
                         to the procedure --
10                          (i) the suspect may be ordered to undergo the
                                  procedure; and
                           (ii) the procedure may be done on the suspect against
                                  the suspect's will if the suspect does not obey the
                                  order.

15   50.         Request and giving of information to be recorded
           (1)   A police officer who makes a request under section 49 must
                 ensure that a record is made of the request, of the information
                 given under the section and the charged suspect's responses (if
                 any).
20         (2)   The record must be an audiovisual record or in writing.

     51.         When identifying procedure may be done
           (1)   If --
                   (a)   under section 49 a request is made to a charged suspect;
                   (b)   the suspect is informed in accordance with that section;
25                       and
                   (c)   the suspect consents to the identifying procedure being
                         done,
                 then the identifying procedure may be done on the suspect.


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                     Identifying particulars of charged suspects        Part 7

                                                                         s. 51



     (2)   If --
             (a)   under section 49 a request is made to a charged suspect;
             (b)   the suspect is informed under that section; and
             (c)   the suspect does not consent or withdraws consent to the
5                  identifying procedure,
           the officer may order the suspect to undergo the procedure.
     (3)   If a charged suspect does not obey an order made under
           subsection (2), an officer may --
             (a) if the suspect is not in custody -- without a warrant
10                 arrest the suspect and detain him or her for a reasonable
                   time in order to do the identifying procedure; and
             (b) do the identifying procedure on the suspect against the
                   suspect's will.




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     Criminal Investigation (Identifying People) Bill 2001
     Part 8           How identifying procedures are to be done

     s. 52



       Part 8 -- How identifying procedures are to be done
     52.         Definitions
                 In this Part --
                 "dentist" means an individual who is registered under the
5                     Dental Act 1939;
                 "doctor" means an individual who is a medical practitioner
                      within the meaning of the Medical Act 1894;
                 "nurse" means an individual who is registered under Part 3 of
                      the Nurses Act 1992;
10               "qualified person", in relation to an identifying procedure,
                      means a person who is qualified under the regulations to do
                      the procedure.

     53.         Application of this Part
                 This Part applies if, under another provision of this Act, an
15               identifying procedure must be done in accordance with this Part.

     54.         General requirements
           (1)   Before doing an identifying procedure on a person the officer
                 who is responsible for doing it must --
                  (a) identify himself or herself to the person; and
20                (b) if it is being done against the person's will, tell the
                         person that it is an offence to obstruct the carrying out of
                         it.
           (2)   An intimate identifying procedure on a person --
                  (a) must be done in circumstances giving reasonable
25                      privacy to the person; and
                  (b) must not involve the removal of more clothing than is
                        necessary for doing the procedure.



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                                                                             s. 55



           (3)   A suspect must not be questioned in relation to an offence while
                 he or she is undergoing an identifying procedure.
           (4)   If an identifying procedure is to be done on an incapable person
                 the officer who is responsible for doing it must arrange for the
5                incapable person to have near him or her while the procedure is
                 done a responsible person or another person who can provide
                 him or her with support.
           (5)   The number of people who are present while an identifying
                 procedure is being done (excluding a person who is present
10               under subsection (4)) must not exceed the number reasonably
                 necessary to ensure the procedure is done effectively and to
                 ensure the safety of all present.
           (6)   If this Part requires a power to be exercised in relation to a
                 person by a person with specific qualifications, the officer
15               authorised to exercise the power may authorise a person with
                 those qualifications to exercise the power.
           (7)   A person so authorised may exercise the power.

     55.         Sex of people doing procedures
           (1)   A person who does a non-intimate identifying procedure on a
20               person may be of either sex.
           (2)   A person who does an intimate identifying procedure on a
                 person must be of the same sex as that person unless the person
                 who does it is --
                   (a) a doctor;
25                 (b) a dentist;
                   (c) a nurse; or
                   (d) if the intimate identifying procedure being done on that
                        person is the taking of a sample of that person's
                        blood -- a qualified person.



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           (3)   A person who is present while an intimate identifying procedure
                 is done by a person on another person (excluding a person who
                 is present under section 54(4)) must, if practicable, be of the
                 same sex as the person on whom the procedure is done.
5          (4)   Subsection (3) does not apply if the intimate identifying
                 procedure is the taking of a sample of the person's blood.
           (5)   If this Part requires a power to be exercised in relation to a
                 person by a person of the same sex as the person, the officer
                 authorised to exercise the power may authorise a person of that
10               sex to exercise the power.
           (6)   A person so authorised may exercise the power.
           (7)   If it is necessary to ascertain the sex of a person before exercising a
                 power under this Part on the person and the sex of the person is
                 uncertain to the officer authorised to exercise the power --
15                  (a) the officer must ask the person to indicate whether a
                           male or a female should exercise the power on the
                           person and must act in accordance with the answer; and
                   (b) in the absence of an answer, the person is to be treated
                           as if of the sex that the person outwardly appears to the
20                         officer to be.

     56.         Who may do an identifying procedure
                 When doing an identifying procedure on a person, a power in
                 the Table to this section may only be exercised by a person
                 specified opposite the power in the Table.
25                                         Table
                      Power                            Who may exercise it
                 A.               Non-intimate identifying procedure
                 1. Photographing a person, other      Doctor, nurse or qualified
                    than his or her private parts      person
                 2. Obtaining a print of the person's Qualified person
                    hands (including fingers), feet
                    (including toes) or ears


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                                                                                 s. 57



                    Power                               Who may exercise it
                 3. Taking a buccal swab from the       Doctor, dentist, nurse or
                    person                              qualified person
                 4. Taking a sample of the person's Doctor, nurse or qualified
                    hair other than pubic hair          person
                 B.                  Intimate identifying procedure
                 1. Photographing an identifying        Doctor, nurse or qualified
                    feature of the person on his or her person
                    private parts
                 2. Taking a sample of the person's Doctor or nurse
                    pubic hair
                 3. Taking a sample of blood from       Doctor, nurse or qualified
                    the person                          person
                 4. Taking a dental impression of the Doctor or dentist
                    person

     57.         Personal details may be obtained as well
                 An officer who is authorised under this Part to do an identifying
                 procedure on a person may request the person to give the officer
                 any or all of the person's personal details, and section 16(3) to
5                (9), with any necessary changes, apply to and in relation to the
                 request.

     58.         How samples and impressions are to be taken
           (1)   The taking under this Part of --
                  (a) a sample from a person's body; or
10                (b) an impression from any part of a person's body
                        (including a dental impression),
                 must be done by the least painful method that is known or
                 available to the person taking the sample or impression.




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           (2)   The regulations may --
                  (a) prohibit or regulate methods by which samples,
                        photographs, prints or impressions are taken or
                        procedures are done under this Part;
5                 (b) prescribe the equipment to be used for taking samples,
                        photographs, prints or impressions or doing procedures
                        under this Part.

     59.         Procedures may be repeated
           (1)   In relation to any one investigation, a person may be
10               requested --
                   (a) on more than one occasion to undergo an identifying
                          procedure;
                   (b) to undergo more than one identifying procedure.
           (2)   Without limiting subsection (1), a person may be requested to
15               undergo the same identifying procedure on more than one
                 occasion if, on a previous occasion, the procedure was
                 unsuccessful and it is reasonable to repeat the procedure.
           (3)   A request under this section must be made in accordance with
                 the other provisions of this Act.

20   60.         People not obliged to do procedures
                 Nothing in this Act requires a person --
                  (a) to do an identifying procedure on another person; or
                  (b) to take a photograph, print or impression of, or a sample
                        from, another person's body.




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                  Use and destruction of identifying information       Part 9

                                                                                s. 61



           Part 9 -- Use and destruction of identifying
                          information
     61.   Definitions
           In this Part --
5          "forensic database" means a DNA database or another
               database (whether or not on a computer and however
               described) that contains --
               (a) information in relation to the commission of an
                     offence that may identify the person who committed
10                   it;
               (b) identifying information of people lawfully obtained
                     before the commencement of this Act;
               (c) identifying information of people (alive or deceased)
                     obtained under this Act; or
15             (d) identifying information of missing persons and their
                     relatives by blood;
           "identifying information", in relation to a person, means --
               (a) any identifying particular obtained as a result of
                     doing an identifying procedure on the person;
20             (b) anything used in obtaining the identifying particular
                     such as an impression, negative, sample or swab; or
               (c) the personal details of the person obtained when the
                     identifying particular was obtained,
               and, for the purposes of this definition, it does not matter in
25             what form the information is kept.
               For example: on paper or in an electronic or digitised form.
           "identifying particular" has the same meaning as it has in
               section 11(1).




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     Part 9           Use and destruction of identifying information

     s. 62



     62.         Identifying information of volunteers
           (1)   Unless subsection (2) applies, identifying information of a
                 volunteer obtained under Part 4 Division 2 --
                   (a) must not --
5                          (i) be compared with any information in a forensic
                                database; or
                          (ii) be put in a forensic database,
                        except in accordance with the decision of the volunteer,
                        or responsible person, made or changed under
10                      section 20;
                  (b) if it is a DNA profile and may be compared with
                        information in a DNA database -- may only be
                        compared in accordance with section 78; and
                   (c) must be destroyed in accordance with the decision of the
15                      volunteer, or responsible person, made or changed under
                        section 20.
           (2)   If a volunteer from whom identifying information is obtained
                 under Part 4 Division 2 --
                   (a) is subsequently reasonably suspected of having
20                       committed a serious offence, section 66 applies to the
                         information; or
                   (b) is subsequently charged with a serious offence,
                         section 67 applies to the information,
                 unless the information should have been destroyed.

25   63.         Identifying information of deceased people
           (1)   Identifying information of a deceased person obtained under
                 Part 4 Division 3 --
                   (a) may be compared with other information, whether or not
                         in a forensic database, if a coroner has so directed, but,
30                       if it is a DNA profile that may be compared with

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                        Use and destruction of identifying information       Part 9

                                                                              s. 64



                        information in a DNA database, may only be compared
                        in accordance with section 78;
                  (b)   may be put in a forensic database if a coroner has so
                        directed; and
5                 (c)   must be destroyed in accordance with any direction for
                        destruction made by a coroner.
           (2)   For the purposes of a comparison with information in a DNA
                 database of a DNA profile obtained from a deceased person
                 whose personal details are known --
10                 (a) the DNA profile is taken to have been obtained from a
                         volunteer under Part 4 Division 2; and
                   (b) whether or not there are limits as to the forensic
                         purposes for which the DNA profile may be used is
                         decided in accordance with the direction of a coroner.

15   64.         Identifying information of police officers
           (1)   Identifying information of a person obtained under Part 4
                 Division 4 --
                   (a) subject to subsection (2) and with the approval of the
                         Commissioner of Police, may be compared with other
20                       information, whether or not in a forensic database, for or
                         in connection with the forensic purposes prescribed for
                         the purposes of section 22(1);
                   (b) with the approval of the person, may be put in a forensic
                         database; and
25                 (c) must be destroyed if the person, having ceased to be a
                         person who, under section 22, may be required to
                         undergo an identifying procedure, requests the
                         Commissioner of Police to destroy it.
           (2)   If that identifying information is a DNA profile, it may only be
30               compared with information in a DNA database in accordance
                 with section 78, and for the purposes of that section the DNA

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     Part 9           Use and destruction of identifying information

     s. 65



                 profile is taken to have been obtained from a volunteer under
                 Part 4 Division 2 for or in connection with the forensic purposes
                 prescribed for the purposes of section 22(1).
           (3)   An approval for the purposes of subsection (1) may apply
5                generally or in relation to a specific case or class of case.

     65.         Identifying information of involved people
           (1)   Unless subsection (2) applies, identifying information of an
                 involved person obtained under Part 5 --
                   (a) must not --
10                         (i) be compared with any other information,
                                 whether or not in a forensic database; or
                          (ii) be put in a forensic database,
                        except in accordance with, as the case requires --
                         (iii) the decision of the involved person, or
15                               responsible person, made under section 28 or
                                 changed under section 30; or
                         (iv) an IP warrant (involved protected person);
                   (b) if it is a DNA profile and may be compared with
                        information on a DNA database -- may only be
20                      compared in accordance with section 78; and
                   (c) must be destroyed if --
                           (i) within 2 years after the information is obtained
                                 no person is charged with the offence in respect
                                 of which the involved person is such a person; or
25                        (ii) a person is so charged and criminal proceedings
                                 in respect of the charge, including proceedings
                                 on an appeal, are completed,
                        and destruction is requested under section 69 by or on
                        behalf of the involved person.



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                        Use and destruction of identifying information       Part 9

                                                                                 s. 66



           (2)   If an involved person from whom identifying information is
                 obtained under Part 5 --
                   (a) is subsequently reasonably suspected of having
                         committed the offence in respect of which the person is
5                        an involved person and the offence is a serious offence,
                         section 66 applies to the information; or
                   (b) is subsequently charged with the offence in respect of
                         which the person is an involved person and the offence
                         is a serious offence, section 67 applies to the
10                       information,
                 unless the information should have been destroyed.

     66.         Identifying information of uncharged suspects
           (1)   In this section --
                 "relevant offence", in relation to a suspect, means --
15                    (a) the offence that the suspect is suspected of having
                             committed and in relation to which identifying
                             information is obtained under Part 6; or
                      (b) an offence arising out of the same circumstances as
                             that offence.
20         (2)   Unless subsection (3) applies, identifying information of a
                 suspect obtained under Part 6 --
                   (a) may be compared with other information, whether or not
                         in a forensic database, as soon as it is obtained, but, if it
                         is a DNA profile, may only be compared with
25                       information in a DNA database in accordance with
                         section 78;
                   (b) may be put in a forensic database as soon as it is
                         obtained; and




                                                                              page 57
     Criminal Investigation (Identifying People) Bill 2001
     Part 9           Use and destruction of identifying information

     s. 67



                  (c)   must be destroyed if --
                          (i) within 2 years after the information is obtained
                               the suspect is not charged with a relevant
                               offence; or
5                        (ii) the suspect is so charged but the charge is
                               finalised without a finding of guilt,
                        and destruction is requested under section 69 by or on
                        behalf of the suspect.
           (3)   If a suspect from whom identifying information is obtained
10               under Part 6 is subsequently charged with a relevant offence,
                 section 67 applies to the information unless the information
                 should have been destroyed.

     67.         Identifying information of charged suspects
           (1)   Identifying information of a suspect obtained under Part 7 --
15                (a)   may be compared with other information, whether or not
                        in a forensic database, as soon as it is obtained, but, if it
                        is a DNA profile, may only be compared with
                        information in a DNA database in accordance with
                        section 78;
20                (b)   may be put in a forensic database as soon as it is
                        obtained; and
                  (c)   subject to subsection (3), must be destroyed if the charge
                        against the suspect is finalised without a finding of guilt
                        and destruction is requested under section 69 by or on
25                      behalf of the suspect.
           (2)   Subsection (1) also applies to and in respect of identifying
                 information of a charged suspect (within the meaning of Part 7)
                 lawfully obtained before the commencement of Part 7.




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                                                                               s. 68



           (3)   Subsection (1)(c) does not apply to identifying information of a
                 suspect if, in relation to the offence with which the suspect is
                 charged --
                   (a) the suspect is found to be not mentally fit to stand trial
5                        under the Criminal Law (Mentally Impaired Defendants)
                         Act 1996; or
                   (b) the suspect is found not guilty of the offence on account
                         of unsoundness of mind.
           (4)   If identifying information of a person is not destroyed because
10               of the operation of subsection (3) and the person --
                   (a) is subsequently reasonably suspected of having
                          committed a serious offence, section 66 applies to the
                          information; or
                   (b) is subsequently charged with a serious offence, this
15                        section applies to the information.

     68.         Results of matched information to be made available to
                 suspects
           (1)   If --
                   (a)   identifying information is obtained under this Act from a
20                       person who, either then or subsequently, is reasonably
                         suspected of having committed an offence; and
                  (b)    the information is compared with and found to match
                         information, whether or not in a forensic database,
                         obtained otherwise in relation to the investigation of the
25                       offence,
                 the officer in charge of the investigation of the offence must
                 ensure that the results of the comparison are made available to
                 the person.
           (2)   The results of the comparison must be made available to the
30               suspect as soon as practicable after they are obtained unless to
                 do so would prejudice the investigation of any offence.

                                                                            page 59
     Criminal Investigation (Identifying People) Bill 2001
     Part 9           Use and destruction of identifying information

     s. 69



     69.         Request for destruction of identifying information
                 If another provision of this Act refers to the destruction of
                 identifying information being requested under this section, the
                 request may be made --
5                  (a) if the identifying information is of a person who is an
                         adult at the time the request may be made -- by the
                         adult;
                   (b) if the identifying information is of a person who is a
                         child at the time the request may be made -- by a
10                       responsible person; or
                   (c) if the identifying information is of a person who is an
                         incapable person at the time the request may be made --
                         by a responsible person or the Public Advocate,
                 and must be made to the Commissioner of Police.

15   70.         Destroying identifying information
           (1)   If this Part requires identifying information to be destroyed on
                 the occurrence of an event or on a request, it must be destroyed
                 as soon as practicable after the event occurs or the request is
                 made.
20         (2)   If this Part requires identifying information to be destroyed, all
                 means of connecting the identifying information with the person
                 whose identifying information it is must be destroyed.
           (3)   If this Part requires identifying information to be destroyed,
                 identifying information that consists of a DNA profile of a
25               person may be kept in a DNA database for statistical purposes if
                 other identifying information that would enable the identity of
                 the person to be discovered is destroyed.




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                              Criminal Investigation (Identifying People) Bill 2001
                        Use and destruction of identifying information       Part 9

                                                                                s. 71



     71.         Responsibility for destroying identifying information
           (1)   If information or anything else that must be destroyed under this
                 Act is in the possession of the WA Police, the Commissioner of
                 Police must ensure it is destroyed.
5          (2)   If information or anything else that must be destroyed under this
                 Act is in the possession of a person other than the WA Police,
                 that person must ensure it is destroyed.
           (3)   If information or anything else that must be destroyed under this
                 Act is in a forensic database, the person who controls or
10               manages the database must ensure it is destroyed.
     72.         Supreme Court may order information not to be destroyed
           (1)   If the Supreme Court is satisfied that there is good reason to
                 keep identifying information after the time when under this Part
                 it must be destroyed --
15                  (a) the court may order that it be kept for a period set by the
                         court; and
                    (b) that order has effect according to its terms despite
                         anything else in this Part.
           (2)   The Supreme Court may at any time amend or cancel such an
20               order.
           (3)   A person whose identifying information is the subject of an
                 application for an order under this section is entitled to be heard
                 on the application.
     73.         Disclosure of identifying information
25         (1)   A person who has access, or has had access, to identifying
                 information obtained under this Act, whether or not in a forensic
                 database, may only disclose the information in these
                 circumstances --
                   (a) if the person is the person to whom the information
30                      relates;

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     Criminal Investigation (Identifying People) Bill 2001
     Part 9           Use and destruction of identifying information

     s. 73



                (b)    if the person to whom the information relates consents
                       in writing to the disclosure;
                 (c)   for the purpose of the medical treatment of the person to
                       whom the information relates;
5               (d)    if the information is already public;
                (e)    for a forensic purpose where the investigation or
                       identification is being done by the WA Police or by
                       other law enforcement officers prescribed by the
                       regulations;
10               (f)   for the purpose of a decision as to whether to prosecute
                       an offence;
                (g)    for the purpose of criminal proceedings for an offence;
                (h)    for the purpose of the medical treatment of a victim of
                       an offence that the suspect is reasonably suspected to
15                     have committed;
                 (i)   for the purpose of an investigation or inquest under the
                       Coroners Act 1996;
                 (j)   for the purpose of civil or disciplinary proceedings that
                       relate to the way in which the identifying procedure that
20                     resulted in the information was carried out;
                (k)    for the purpose of an investigation under the
                       Parliamentary Commissioner Act 1971 into the exercise
                       of any power under this Act;
                 (l)   in accordance with an arrangement entered into under
25                     section 91(1);
                (m)    in accordance with the Mutual Assistance in Criminal
                       Matters Act 1987, or the Extradition Act 1988, of the
                       Commonwealth;
                (n)    for a purpose prescribed by the regulations.
30      (2)    This section does not apply in relation to information that
               cannot be used to discover the identity of a person.


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                              Criminal Investigation (Identifying People) Bill 2001
                        Use and destruction of identifying information       Part 9

                                                                               s. 74



           (3)   A person who has access, or has had access, to identifying
                 information obtained under this Act, whether or not in a forensic
                 database, must not disclose the information except as provided
                 by this section.
5                Penalty: Imprisonment for 2 years.

     74.         Use of illegal identifying information
           (1)   In this section --
                 "illegal identifying information" means identifying
                      information --
10                    (a) that has been obtained in contravention of this Act or
                            a corresponding law of a participating jurisdiction; or
                      (b) that is required by this Act or a corresponding law of
                            a participating jurisdiction to have been destroyed but
                            has not been destroyed.
15         (2)   For the purposes of this section a person uses illegal identifying
                 information if the person --
                   (a) supplies the information to another person --
                            (i) to be analysed;
                           (ii) to be put in a forensic database; or
20                        (iii) to be compared with other information, whether
                                 or not in a forensic database;
                   (b) analyses the information;
                   (c) compares the information with other information,
                         whether or not in a forensic database;
25                 (d) puts the information in a forensic database; or
                   (e) leaves the information in a forensic database.
           (3)   A person who knows or reasonably ought to know that
                 identifying information is illegal identifying information must
                 not use the information.


                                                                            page 63
     Criminal Investigation (Identifying People) Bill 2001
     Part 9           Use and destruction of identifying information

     s. 75



               Penalty: Imprisonment for 2 years.

     75.       Improper use of information obtained in accordance with
               Act
               A person who --
5               (a) compares information obtained in accordance with this
                      Act with other information, whether or not in a forensic
                      database, otherwise than in accordance with this Part; or
                (b) puts information obtained in accordance with this Act in
                      a forensic database otherwise than in accordance with
10                    this Part,
               commits an offence.
               Penalty: Imprisonment for 2 years.




     page 64
                         Criminal Investigation (Identifying People) Bill 2001
                                              DNA databases           Part 10

                                                                         s. 76



                     Part 10 -- DNA databases
     76.   Definitions
           In this Part --
           "crime scene index" means an index of DNA profiles derived
5              from material obtained from --
               (a) a place (whether within or outside Australia) where
                     an offence under the law of this State, another State, a
                     Territory or the Commonwealth was, or is reasonably
                     suspected to have been, committed;
10             (b) on or in the body of a person who was involved when
                     such an offence was committed, whether as a suspect
                     for, or as a victim of, or as a witness to, the offence;
               (c) on or in anything worn or carried by a person referred
                     to in paragraph (b) at the time of the offence; or
15             (d) anything in respect of which the offence was
                     committed or that was used in committing, or in
                     connection with committing, the offence,
               together with information about when and where the DNA
               profile was obtained, but does not include the DNA profile
20             of a person reasonably suspected to have committed the
               offence that was obtained from that person;
           "DNA database" means a database (whether or not on a
               computer and however described) that contains --
               (a) the following indexes of DNA profiles --
25                      (i) a crime scene index;
                       (ii) a missing persons index;
                      (iii) an offenders index;
                      (iv) a suspects index;
                       (v) an unknown deceased persons index;
30                    (vi) a volunteers (limited purposes) index;

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     Criminal Investigation (Identifying People) Bill 2001
     Part 10          DNA databases

     s. 76



                           (vii) a volunteers (unlimited purposes) index;
                    (b) a statistical index; and
                    (c) if an index is prescribed by the regulations for the
                          purposes of this definition -- that index;
5              "DNA database index" means an index of DNA profiles
                    mentioned in paragraph (a) of the definition of "DNA
                    database";
               "missing persons index" means an index of the DNA profiles
                    of --
10                  (a) missing people; or
                    (b) volunteers who are relatives by blood of such people,
                    together with the personal details of the people whose
                    profiles they are to the extent that those details are known;
               "offenders index" means an index of the DNA profiles
15                  obtained --
                    (a) under Part 6 or 7 from suspects each of whom has
                          been subsequently found guilty of the offence that he
                          or she was suspected of having committed;
                    (b) under Schedule 1 clause 6 from remand prisoners
20                        each of whom has been subsequently found guilty of
                          the offence that he or she was suspected of having
                          committed;
                    (c) under Schedule 1 clause 6 from serious offenders; or
                    (d) under the corresponding laws of participating
25                        jurisdictions from people who have been convicted of
                          offences under the laws of those jurisdictions,
                    together with the personal details of the people whose
                    profiles they are;




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                   Criminal Investigation (Identifying People) Bill 2001
                                        DNA databases           Part 10

                                                                   s. 76



     "statistical index" means an index of information --
          (a) that is obtained from the analysis of material obtained
                 from people under this Act or under the
                 corresponding laws of participating jurisdictions;
5         (b) that does not contain the personal details of any
                 person whose DNA profile is in the index;
          (c) that is compiled for statistical purposes; and
          (d) that cannot be used to discover the identity of people
                 from whom the material was obtained,
10        and includes a statistical index lawfully compiled for
          statistical purposes before the commencement of this Part;
     "suspects index" means an index of the DNA profiles
          obtained --
          (a) under Part 6 or 7 from suspects each of whom has not
15               been found guilty of the offence that he or she was
                 suspected of having committed;
          (b) under Schedule 1 clause 6 from remand prisoners; or
          (c) under the corresponding laws of participating
                 jurisdictions from people who are suspected of
20               having committed, but who have not been convicted
                 of, offences under the laws of those jurisdictions,
          together with the personal details of the people whose
          profiles they are;
     "unknown deceased persons index" means an index of the
25        DNA profiles obtained from deceased people whose
          personal details are unknown, together with information
          about when and where the DNA profile was obtained;
     "volunteers (limited purposes) index" means an index of the
          DNA profiles obtained --
30        (a) under Part 4 Division 2 from volunteers;
          (b) under Part 5 from victims and witnesses;


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     Criminal Investigation (Identifying People) Bill 2001
     Part 10          DNA databases

     s. 77



                   (c)   under the corresponding laws of participating
                         jurisdictions from similar people; or
                   (d) under Part 4 Division 3, or under the corresponding
                         laws of participating jurisdictions, from deceased
5                        people,
                   in respect of which there are limits as to the forensic
                   purposes for which they may be used, together with the
                   personal details of the people whose DNA profiles they are;
               "volunteers (unlimited purposes) index" means an index of
10                 the DNA profiles obtained --
                   (a) under Part 4 Division 2 from volunteers;
                   (b) under Part 5 from victims and witnesses;
                   (c) under the corresponding laws of participating
                         jurisdictions from similar people; or
15                 (d) under Part 4 Division 3, or under the corresponding
                         laws of participating jurisdictions, from deceased
                         people,
                   in respect of which there are no limits as to the forensic
                   purposes for which they may be used, together with the
20                 personal details of the people whose DNA profiles they are.

     77.       DNA profiles lawfully obtained before commencement of
               Part
               A DNA profile of a person lawfully obtained for a forensic
               purpose before the commencement of this Part and lawfully
25             retained may be put in the statistical index for statistical
               purposes if the information put in the index does not include the
               personal details of that person.




     page 68
                                  Criminal Investigation (Identifying People) Bill 2001
                                                       DNA databases           Part 10

                                                                                     s. 78



     78.         Permitted comparisons with DNA database indexes
           (1)   A DNA profile, whether or not in a DNA database, must not be
                 compared with a DNA profile that is in a DNA database index if
                 the Table to this section does not permit the comparison.
5          (2)   If the Table to this section permits a comparison "if within
                 limit", the comparison must not be made if the forensic
                 purposes for which the DNA profile may be used, as decided
                 under Part 4 Division 2 or Part 5, do not include the purpose for
                 which the comparison is sought to be made.
10                     Table showing permissible comparisons
     DNA profile                        Information in DNA database
     to be          A       B        C           D          E          F       G
     compared       Crime   Suspects Volunteers Volunteers Offenders   Missing Unknown
     with           scene   index    (limited    (unlimited index      persons deceased
     information index               purposes) purposes)               index persons
     in DNA                          index       index                         index
     database
     1. From        Yes     Yes        If within   Yes      Yes        Yes     Yes
         crime                         limit
         scene
     2. Of          Yes     No         No          Yes      Yes        Yes     Yes
         suspect
     3. Of          If      No         No          No       If         If     If within
         volunteer within                                   within     within limit
         or         limit                                   limit      limit
         involved
         person
         (limited
         purposes)
     4. Of          Yes     No         No          No       Yes        Yes     Yes
         volunteer
         or
         involved
         person
         (unlimited
         purposes)
     5. Of          Yes     Yes        No          Yes      Yes        Yes     Yes
         offender


                                                                                page 69
     Criminal Investigation (Identifying People) Bill 2001
     Part 10          DNA databases

     s. 79



     DNA profile                         Information in DNA database
     to be          A     B           C           D          E          F       G
     compared       Crime Suspects    Volunteers Volunteers Offenders   Missing Unknown
     with           scene index       (limited    (unlimited index      persons deceased
     information    index             purposes) purposes)               index persons
     in DNA                           index       index                         index
     database
     6. Of          Yes     Yes       If within   Yes         Yes       Yes     Yes
         missing                      limit
         person
     7. Of          See     See s. 63 If within   See s. 63   See s. 63 See     See s. 63
         unknown    s. 63             limit                             s. 63
         deceased
         person

     79.         Duties of database managers
           (1)   In this section --
                 "database manager" means a person who has the control and
                     management of a DNA database.
5          (2)   A database manager must ensure that the DNA database is used
                 only for the following purposes --
                   (a) to contain only the information that under this Act may
                         be put in the database together with any information that
                         is reasonably necessary to administer the database;
10                (b) to compare the information in the database with other
                         information, whether or not in the database, in
                         accordance with this Act;
                   (c) for the purposes of an arrangement entered into under
                         section 91(1).

15   80.         Operators of DNA databases to be authorised
           (1)   The Minister, in writing, may authorise a person, to create,
                 keep, operate, control or manage a DNA database.
           (2)   The Minister may at any time cancel such an authorisation.


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                                             DNA databases           Part 10

                                                                        s. 80



    (3)   The Minister is not to authorise a police officer under
          subsection (1).
    (4)   A person must not create, keep, operate, control or manage a
          DNA database except with the written authority of the Minister.
5         Penalty: $250 000.




                                                                    page 71
     Criminal Investigation (Identifying People) Bill 2001
     Part 11          Admissibility of evidence

     s. 81



                    Part 11 -- Admissibility of evidence
     81.         Evidence of refusal of consent etc.
           (1)   Evidence that a person refused to or did not consent, or
                 withdrew consent, to an identifying procedure being done on the
5                person is not admissible in proceedings against the person
                 except --
                   (a) in proceedings against him or her for an offence alleged
                         to have been committed while the identifying procedure
                         was being done on him or her; or
10                 (b) to establish or rebut an allegation that an officer
                         investigating the commission of an offence acted
                         contrary to law in doing the investigation.
           (2)   Evidence that a responsible person refused to or did not consent,
                 or withdrew consent, to an identifying procedure being done on
15               a protected person is not admissible in proceedings against the
                 responsible person, or the protected person, except --
                   (a) in proceedings against him or her for an offence alleged
                         to have been committed while the identifying procedure
                         was being done on the protected person; or
20                 (b) to establish or rebut an allegation that an officer
                         investigating the commission of an offence acted
                         contrary to law in doing the investigation.
     82.         Evidence of conduct of procedure
                 Evidence of how an identifying procedure was done is
25               admissible in proceedings in court against a person --
                   (a) to establish or rebut an allegation that unreasonable
                        force was used to do the procedure;
                   (b) in connection with deciding the admissibility of a
                        confession or other evidence adverse to the person that
30                      the person alleges was induced or obtained by the use of
                        unreasonable force; or

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                               Criminal Investigation (Identifying People) Bill 2001
                                           Admissibility of evidence        Part 11

                                                                               s. 83



                   (c)   to establish or rebut an allegation that the procedure was
                         not done in accordance with this Act.
     83.         Evidence obtained illegally
           (1)   This section applies to the following evidence --
5                 (a) anything taken (including a print, photograph, sample,
                         impression or record) in the course of an identifying
                         procedure; and
                  (b) any evidence derived from a thing referred to in
                         paragraph (a) or the procedure.
10         (2)   This section does not apply to evidence to which section 84
                 applies.
           (3)   If --
                   (a)   an identifying procedure is done on a person; and
                   (b)   any requirement of this Act in relation to doing the
15                       procedure, including a requirement that arises before or
                         after the actual procedure, is contravened,
                 evidence to which this section applies is not admissible in any
                 criminal proceedings against the person in a court unless --
                   (c) the person does not object to the admission of the
20                      evidence;
                   (d) the court decides otherwise under section 86; or
                   (e) the court is of the opinion that the contravention arose
                        out of a mistaken but reasonable belief as to the age of a
                        child.
25   84.         Evidence kept illegally
                 If under Part 9 identifying information must be destroyed at a
                 certain time, evidence of that information --
                   (a) is not admissible in a court after that time if it is adduced
                         by the prosecution against a person; but
30                 (b) may be admitted if it is adduced by that person.

                                                                            page 73
     Criminal Investigation (Identifying People) Bill 2001
     Part 11          Admissibility of evidence

     s. 85



     85.         Evidence from illegal use of information
                 Any information obtained as a result of --
                   (a)   identifying information being put in a DNA database
                         otherwise than in accordance with this Act; or
5                 (b)    identifying information being compared with other
                         identifying information, whether or not in a DNA
                         database, otherwise than in accordance with this Act,
                 is not admissible in criminal proceedings against a person in a
                 court unless the court decides otherwise under section 86.

10   86.         Court may admit inadmissible evidence
           (1)   This section applies if under another section a court may make a
                 decision under this section in relation to evidence that is not
                 admissible in proceedings in the court.
           (2)   The court may decide to admit the evidence if it is satisfied that
15               the desirability of admitting the evidence outweighs the
                 undesirability of admitting the evidence.
           (3)   In making a decision under subsection (2) the court is to take
                 into account --
                   (a) any objection to the evidence being admitted by the
20                       person against whom the evidence may be given;
                   (b) the seriousness of the offence in respect of which the
                         evidence is relevant;
                   (c) the seriousness of any contravention of this Act in
                         obtaining the evidence;
25                 (d) whether any contravention of this Act in obtaining the
                         evidence was intentional or reckless;
                   (e) whether any contravention of this Act in obtaining the
                         evidence arose from an honest and reasonable mistake
                         of fact;


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                    Criminal Investigation (Identifying People) Bill 2001
                                Admissibility of evidence        Part 11

                                                                    s. 86



        (f)   the probative value of the evidence;
       (g)    any other matter the court thinks fit.
(4)   The probative value of the evidence does not by itself justify its
      admission.




                                                                 page 75
     Criminal Investigation (Identifying People) Bill 2001
     Part 12          Enforcement elsewhere in Australia

     s. 87



             Part 12 -- Enforcement elsewhere in Australia
     87.       Definitions
               In this Part --
               "authorised officer", in relation to a participating jurisdiction,
5                  means a person holding an office in that jurisdiction that is
                   prescribed under section 88;
               "corresponding law" means a law prescribed under section 88
                   to be a corresponding law;
               "forensic order" means an order or warrant, made or issued
10                 under a corresponding law in respect of a person, that
                   authorises the examination of, and the obtaining of material
                   from, the person's body for forensic purposes;
               "participating jurisdiction" means another State, a Territory
                   or the Commonwealth in which a corresponding law is in
15                 force;
               "Registrar" means a person prescribed under section 88 to be
                   the Registrar.

     88.       Prescribing corresponding laws etc.
               The regulations may --
20              (a)   prescribe a law of another State, a Territory or the
                      Commonwealth that relates to the examination of, and
                      the obtaining of material from, people's bodies for
                      forensic purposes to be a corresponding law for the
                      purposes of this Act;
25              (b)   prescribe an office in a participating jurisdiction the
                      holder of which is an authorised officer for the purposes
                      of this Part;
                (c)   prescribe an office in this State, or in a participating
                      jurisdiction, the holder of which is the Registrar for the
30                    purposes of this Part; and

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                                Criminal Investigation (Identifying People) Bill 2001
                                  Enforcement elsewhere in Australia         Part 12

                                                                                 s. 89



                  (d)    prescribe any matters that are necessary or convenient to
                         be prescribed in relation to the registration and carrying
                         out of forensic orders.

     89.         Registration of forensic orders
5          (1)   An authorised officer in a participating jurisdiction may request
                 the Registrar to register, for the purposes of this Part, a forensic
                 order that has been made under a corresponding law of that
                 jurisdiction.
           (2)   A request for the registration of a forensic order must be in
10               writing and be accompanied by a copy of the order, certified by
                 the person who issued it.
           (3)   The Registrar must accede to a request made under this section
                 for the registration of a forensic order if satisfied that the order
                 was made in accordance with the corresponding law concerned.
15         (4)   On the request of an authorised officer in a participating
                 jurisdiction the Registrar may at any time cancel the registration
                 of a forensic order.

     90.         Forensic orders registered in WA may be executed in WA
           (1)   In this section --
20               "registered forensic order" means a forensic order that is
                      registered under section 89 for the purposes of this Part.
           (2)   A registered forensic order has effect in this State according to
                 its terms and, subject to this section, may be carried out
                 accordingly.
25         (3)   A police officer may carry out a registered forensic order in this
                 State.
           (4)   If a registered forensic order authorises the carrying out of an
                 identifying procedure on a person, the procedure must be done
                 in accordance with Part 8.

                                                                              page 77
     Criminal Investigation (Identifying People) Bill 2001
     Part 12          Enforcement elsewhere in Australia

     s. 91



           (5)   If a registered forensic order authorises the carrying out of acts
                 on a person other than acts that may be done in the course of an
                 identifying procedure under this Act, the order must be carried
                 out in accordance with the corresponding law under which it
5                was made.

     91.         Arrangements for sharing information
           (1)   The Minister may, with a Minister of a participating jurisdiction
                 who is responsible for the administration of a corresponding
                 law, enter into arrangements under which --
10                 (a) information from the DNA database of this State is
                         transmitted to the authorised officer of that jurisdiction;
                   (b) information from the DNA database of that jurisdiction
                         is transmitted to the Commissioner of Police;
                   (c) for the purposes of law enforcement in that jurisdiction,
15                       law enforcement officers of that jurisdiction are entitled
                         to have access to identifying and other information,
                         whether or not in a forensic database, held by the WA
                         Police; or
                   (d) for the purposes of law enforcement in this State, law
20                       enforcement officers in this State are permitted to have
                         access to identifying and other information, whether or
                         not in a forensic database, held by law enforcement
                         officers in that jurisdiction.
           (2)   Information that is transmitted under an arrangement made
25               under this section must not be recorded or maintained in any
                 database of information that may be used to discover the
                 identity of a person, or to obtain information about an
                 identifiable person, at any time after this Act or a corresponding
                 law requires the information or the forensic material to which it
30               relates to be destroyed.




     page 78
                               Criminal Investigation (Identifying People) Bill 2001
                                                     Miscellaneous          Part 13

                                                                                 s. 92



                            Part 13 -- Miscellaneous
     92.         Legal protection for people acting under this Act
           (1)   This section does not apply to a person to whom section 137 of
                 the Police Act 1892 applies.
5          (2)   In this section a reference to the doing of anything includes a
                 reference to an omission to do anything.
           (3)   An action in tort does not lie against a person for anything that
                 the person has done, in good faith, in the exercise or purported
                 exercise of a power under this Act.
10         (4)   The protection given by this section applies even though the
                 thing done as described in subsection (3) may have been
                 capable of being done whether or not this Act had been enacted.

     93.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
15               are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Without limiting subsection (1), regulations may --
                  (a) provide for the procedure to be followed in and in
20                     relation to doing an identifying procedure;
                  (b) create offences with statutory penalties not exceeding
                       $5 000.

     94.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
25               effectiveness of this Act as soon as is practicable after the
                 expiry of 5 years from its commencement.




                                                                             page 79
Criminal Investigation (Identifying People) Bill 2001
Part 13          Miscellaneous

s. 94



   (2)    The Minister is to prepare a report based on the review and, as
          soon as is practicable after the report is prepared, is to cause the
          report to be laid before each House of Parliament.




page 80
                              Criminal Investigation (Identifying People) Bill 2001
                                             Temporary provisions          Part 14

                                                                              s. 95



                     Part 14 -- Temporary provisions
    95.         Identifying particulars may be taken from people in custody
                and others (Schedule 1)
          (1)   Schedule 1 has effect.
5         (2)   This section and Schedule 1 cease to have effect on the third
                anniversary of the commencement of this section.

    96.         Consequential amendments (Schedule 2)
                Schedule 2 has effect.




                                                                          page 81
     Criminal Investigation (Identifying People) Bill 2001



     Schedule 1           Obtaining and using identifying particulars of people in custody
                          and others


      Schedule 1 -- Obtaining and using identifying particulars
                  of people in custody and others
                                                                                     [s. 95]

     1.         Definitions
5               In this Schedule --
                "identifying information", in relation to a person, means --
                        (a)   any identifying particular obtained as a result of doing an
                              identifying procedure on the person;
                        (b)   the personal details of the person obtained when the
10                            identifying particular was obtained;
                "identifying particular", in relation to a person, means --
                        (a)   a print of the person's hands (including fingers), feet
                              (including toes) or ears;
                        (b)   a photograph of the person (including of an identifying
15                            feature of the person);
                     (c) the person's DNA profile;
                "remand prisoner" means a person who has been charged with, but
                    not convicted of, a serious offence and who has been remanded
                    in custody by a court in relation to the offence;
20              "serious offender" means a person who has been found --
                        (a)   guilty of a serious offence; or
                        (b)   not guilty of a serious offence on account of unsoundness
                              of mind.

     2.         How identifying procedures are to be done
25              An identifying procedure that under this Schedule may be done on a
                person, whether or not against the will of the person, must be done in
                accordance with Part 8.

     3.         Request for prisoner on remand to undergo identifying procedure
          (1)   If a police officer reasonably suspects that any or all of a remand
30              prisoner's identifying particulars --
                  (a)     are not or may not be held by the WA Police; or

     page 82
                                 Criminal Investigation (Identifying People) Bill 2001



     Obtaining and using identifying particulars of people in custody       Schedule 1
                                                          and others


                  (b)   are or may be needed in order to verify the prisoner's identity
                        with identifying particulars already held by the WA Police,
                the police officer may request the prisoner to consent to an identifying
                procedure being done on the prisoner for the purpose of obtaining one
5               or more of the prisoner's identifying particulars.
          (2)   A police officer who requests a remand prisoner to consent to an
                identifying procedure being done on the prisoner must at the time
                inform the prisoner of these matters --
                  (a)   the purpose of the procedure;
10                (b)   how the procedure will be done;
                  (c)   that information derived from the procedure may be
                        compared with or put in a forensic database;
                  (d)   the circumstances in which destruction may be requested
                        under section 69;
15                (e)   that the procedure may provide evidence that could be used in
                        a court against the prisoner;
                  (f)   that if the prisoner does not consent or withdraws consent to
                        the procedure --
                           (i)   the prisoner may be ordered to undergo the
20                               procedure; and
                          (ii)   the procedure may be done on the prisoner against the
                                 prisoner's will if the prisoner does not obey the order.

     4.         Request for serious offender to undergo identifying procedure
          (1)   This clause applies to a serious offender who is --
25                (a) in custody in a detention centre (as defined in section 3 of the
                        Young Offenders Act 1994), whether or not serving a
                        sentence;
                  (b)   subject to a supervised release order made under the Young
                        Offenders Act 1994;
30                (c)   in custody in a prison (as defined in the Prisons Act 1981),
                        whether or not serving a sentence;
                  (d)   subject to a community order made under the Sentencing Act
                        1995;


                                                                                page 83
     Criminal Investigation (Identifying People) Bill 2001



     Schedule 1         Obtaining and using identifying particulars of people in custody
                        and others


                  (e)   subject to an early release order made under the Sentence
                        Administration Act 1995 or the Sentence Administration
                        Act 1999; or
                  (f)   subject to a custody order made under the Criminal Law
5                       (Mentally Impaired Defendants) Act 1996.
        (2)    If a police officer reasonably suspects that any or all of a serious
               offender's identifying particulars --
                  (a)   are not or may not be held by the WA Police; or
                  (b)   are or may be needed in order to verify the offender's identity
10                      with identifying particulars already held by the WA Police,
               the police officer may request the offender to consent to an
               identifying procedure being done on the offender for the purpose of
               obtaining one or more of the offender's identifying particulars.
        (3)    A police officer who requests a serious offender to consent to an
15             identifying procedure being done on the offender must at the time
               inform the offender of these matters --
                  (a)   the purpose of the procedure;
                  (b)   how the procedure will be done;
                  (c)   that information derived from the procedure may be
20                      compared with or put in a forensic database;
                  (d)   the circumstances in which destruction may be requested
                        under section 69;
                  (e)   that the procedure may provide evidence that could be used in
                        a court against the offender;
25                (f)   that if the offender does not consent or withdraws consent to
                        the procedure --
                           (i)   the offender may be ordered to undergo the
                                 procedure; and
                          (ii)   the procedure may be done on the offender against
30                               the offender's will if the offender does not obey the
                                 order.




     page 84
                                Criminal Investigation (Identifying People) Bill 2001



     Obtaining and using identifying particulars of people in custody       Schedule 1
                                                          and others


     5.         Request and giving of information to be recorded
          (1)   A police officer who makes a request under clause 3 or 4 must ensure
                that a record is made of the request, of the information given under
                the clause and of the remand prisoner's or serious offender's
5               responses (if any).
          (2)   The record must be an audiovisual record or in writing.

     6.         When identifying procedure may be done
          (1)   If --
                   (a)   under clause 3 a request is made to a remand prisoner or
10                       under clause 4 to a serious offender;
                  (b)    the prisoner or offender is informed in accordance with
                         clause 3 or 4, as the case requires; and
                  (c)    the prisoner or offender consents to the identifying procedure
                         being done,
15              then the identifying procedure may be done on the prisoner or
                offender, as the case requires.
          (2)   If --
                   (a)   under clause 3 a request is made to a remand prisoner or
                         under clause 4 to a serious offender;
20                (b)    the prisoner or offender is informed in accordance with
                         clause 3 or 4, as the case requires; and
                  (c)    the prisoner or offender does not consent or withdraws
                         consent to the identifying procedure,
                the police officer may order the prisoner or offender, as the case
25              requires, to undergo the procedure.
          (3)   If a remand prisoner does not obey an order made under
                subclause (2), a police officer may do the identifying procedure on the
                prisoner against the prisoner's will.




                                                                                page 85
     Criminal Investigation (Identifying People) Bill 2001



     Schedule 1         Obtaining and using identifying particulars of people in custody
                        and others


          (4)   If a serious offender does not obey an order made under subclause (2),
                a police officer may --
                  (a)   if the offender is not in custody -- without a warrant arrest
                        and detain the offender for a reasonable time in order to do
5                       the identifying procedure; and
                  (b)   do the identifying procedure on the offender against the
                        offender's will.
          (5)   Identifying information of a remand prisoner or serious offender --
                  (a)   may be compared with other information, whether or not in a
10                      forensic database, as soon as it is obtained, but, if it is a DNA
                        profile, may only be compared with information in a DNA
                        database in accordance with section 78;
                  (b)   may be put in a forensic database as soon as it is obtained;
                        and
15                (c)   must be destroyed if --
                           (i)   in the case of a remand prisoner -- the charge, or all
                                 charges if there are more than one, in respect of
                                 which the prisoner was remanded in custody are
                                 finalised without a finding of guilt and destruction is
20                               requested under section 69 by or on behalf of the
                                 prisoner; or
                          (ii)   in the case of a serious offender -- the serious
                                 offender ceases to be a serious offender and
                                 destruction is requested under section 69 by or on
25                               behalf of the offender.

     7.         Department of Justice CEO to assist WA Police
          (1)   In order to facilitate the exercise of the powers in this Schedule, the
                chief executive officer of the appropriate department --
                  (a)   is to provide the Commissioner of Police with such
30                      information as the Commissioner reasonably needs;
                  (b)   is to permit police officers to have reasonable access to
                        detention centres, prisons, community corrections centres and
                        other places under the control and management of that
                        department; and
35                (c)   is to provide reasonable assistance to police officers.

     page 86
                              Criminal Investigation (Identifying People) Bill 2001



    Obtaining and using identifying particulars of people in custody    Schedule 1
                                                         and others


         (2)   In subclause (1) --
               "appropriate department" means, as the case requires --
                   (a) the department principally assisting the Minister who
                         administers the Young Offenders Act 1994; or
5                   (b)   the department principally assisting the Minister who
                          administers the Prisons Act 1981.

    8.         Destroying identifying information
               Sections 69, 70, 71 and 72, with any necessary changes, apply to and
               in respect of identifying information obtained under this Schedule.




                                                                            page 87
     Criminal Investigation (Identifying People) Bill 2001



     Schedule 2            Consequential amendments



                    Schedule 2 -- Consequential amendments
                                                                                    [s. 96]
     1.         Bail Act 1982

                Section 12 is amended by deleting "and section 50AA of the Police
5               Act 1892." and inserting instead --
                "
                          , section 50AA of the Police Act 1892 and Parts 6 and
                          7 of the Criminal Investigation (Identifying People)
                          Act 2001.
10                                                                                       ".
     2.         Conservation and Land Management Act 1984

          (1)   Section 124(1)(c) is deleted.
          (2)   Section 124(2) is repealed and the following subsection is inserted
                instead --
15          "
                (2)       The offices of ranger and conservation and land
                          management officer are each prescribed to be public
                          officers for the purposes of the Criminal Investigation
                          (Identifying People) Act 2001 and as such may exercise
20                        the powers in Part 3 of that Act.
                                                                                         ".
          (3)   Section 124(3) is repealed.

     3.         The Criminal Code

                Section 236 of The Criminal Code is amended as follows:
25                  (a)    in the third paragraph, by deleting "of the person's blood, hair
                           (from any part of the body), nails or saliva, or";
                    (b)    in the third paragraph, by deleting "or obtainable by a buccal
                           swab,";




     page 88
                                 Criminal Investigation (Identifying People) Bill 2001



                                           Consequential amendments              Schedule 2



                   (c)    after the last paragraph, by inserting the following
                          paragraph --
                          "
                                This section does not authorise the taking of an
5                               identifying particular (within the meaning of
                                section 34 of the Criminal Investigation
                                (Identifying People) Act 2001) and does not
                                apply to such an identifying particular taken
                                under that Act.
10                                                                                       ".
     4.          Parks and Reserves Act 1895

          (1)    Section 7A(1) is amended as follows:
                   (a) after paragraph (b), by inserting --
                          "   and ";
15                 (b)    after paragraph (c), by deleting "; and" and inserting a comma
                          instead;
                   (c)    by deleting paragraph (d).
          (2)    After section 7A(1) the following subsection is inserted --
            "
20              (1a)     The offices of member of the Board and ranger
                         appointed under section 7 are each prescribed to be
                         public officers for the purposes of the Criminal
                         Investigation (Identifying People) Act 2001 and as such
                         may exercise the powers in Part 3 of that Act.
25                                                                                       ".
     5.          Police Act 1892
          (1)    Section 50 is repealed.




                                                                                    page 89
     Criminal Investigation (Identifying People) Bill 2001



     Schedule 2             Consequential amendments



          (2)    Section 50AA(1) is amended after "summary conviction," by
                 inserting --
                 "
                           other than an offence that is a serious offence within
5                          the meaning of the Criminal Investigation (Identifying
                           People) Act 2001,
                                                                                        ".
     6.          Waterways Conservation Act 1976
          (1)    Section 63(7) is amended as follows:
10                   (a)    after paragraph (b), by inserting --
                            "   and ";
                     (b)    after paragraph (c), by deleting "; and" and inserting a comma
                            instead;
                     (c)    by deleting paragraph (d).
15        (2)    After section 63(7) the following subsection is inserted --
            "
                (7a)       The offices referred to in subsection (1) are each
                           prescribed to be public officers for the purposes of the
                           Criminal Investigation (Identifying People) Act 2001
20                         and as such may exercise the powers in Part 3 of that
                           Act.
                                                                                        ".
     7.          Wildlife Conservation Act 1950

          (1)    Before section 20(2) the following subsection is inserted --
25          "
                 (1)       The office of wildlife officer is prescribed to be a
                           public officer for the purposes of the Criminal
                           Investigation (Identifying People) Act 2001 and as such
                           may exercise the powers in Part 3 of that Act.
30                                                                                      ".



     page 90
                     Criminal Investigation (Identifying People) Bill 2001



                              Consequential amendments         Schedule 2



(2)   Section 20(2) is amended as follows:
        (a) after paragraph (b), by deleting the semicolon and inserting a
              full stop instead;
        (b)   by deleting paragraph (c).




 


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