Defence Forces (Evidence) Act 2022

• Permanent Page URL

PART 4

Taking of samples from volunteers

Taking of samples from volunteers to generate DNA profiles

22. (1) A member of the Military Police may request a person (in this Part referred to as a “volunteer”) other than a person to whom section 9 , 10 or 11 applies to have a sample taken from him or her under this section for the purpose of generating a DNA profile in respect of the volunteer in relation to—

(a) the investigation of a particular relevant offence, or

(b) the investigation of a particular incident that may have involved the commission of a relevant offence.

(2) A person who is a victim, or is reasonably considered to be a victim, of the relevant offence or incident that may have involved the commission of a relevant offence being investigated may be a volunteer.

(3) A member of the Military Police shall inform a volunteer of the following before seeking his or her consent to the taking of a sample under this section or the member takes, or causes to be taken, such a sample from him or her:

(a) that the volunteer is not obliged to have the sample taken from him or her;

(b) in a case in which a sample already taken under this section from the volunteer has proved to be insufficient or was inadequately labelled or for any other reason, mentioned in section 23 , a second or further sample is required to be taken from him or her—

(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and

(ii) that a second sample or further sample is, in accordance with section 23 , to be taken from him or her;

(c) that the sample will be used to generate a DNA profile in respect of the volunteer for the purposes of the investigation of the relevant offence, or incident that may have involved the commission of a relevant offence, in relation to which it is being taken;

(d) that the sample and the DNA profile generated from the sample in respect of the volunteer may be destroyed in accordance with Part 7 .

(4) A volunteer shall, before a sample is taken from him or her under this section, consent in writing to the taking of the sample and the consent shall specify the particular relevant offence, or incident that may have involved the commission of a relevant offence, that is being investigated to which the consent relates.

(5) Subject to this Act, a member of the Military Police may take, or cause to be taken, from a volunteer a sample under this section.

(6) A sample may be taken under this section from a volunteer in a specified military installation or such place as nominated by a member of the Military Police not below the rank of sergeant or, subject to the agreement of the member of the Military Police taking the sample, at a place designated by the volunteer.

(7) If a volunteer expressly withdraws consent given under subsection (4) (or if the withdrawal of that consent can reasonably be inferred from the conduct of the person) before or during the taking of a sample under this section, that withdrawal of consent shall be treated as a refusal to give consent to the taking of the sample under this section.

(8) A withdrawal under subsection (7) of consent given under subsection (4) shall be confirmed in writing as soon as practicable after such withdrawal.

(9) Where a person subject to military law refuses to give consent under subsection (4), that refusal shall not of itself constitute reasonable cause for a member of the Military Police to suspect the person of having committed the relevant offence concerned for the purpose of placing him or her in service custody in connection with the investigation of that relevant offence.