Refusing identification

Can I refuse to:

  • provide identifying particulars?

If you are a volunteer and you decide at any time not to give your identifying particulars, you cannot be forced to give those particulars.

If you are witness or a victim of an offence you may decide at any time not to give your identifying particulars. You cannot be forced to give those particulars, except in some circumstances where a warrant may be sought from a Magistrate.

  • give a DNA sample?

If you are a suspect for a serious offence, an order or a warrant may be sought that will give police the power to use reasonable force to obtain a sample. It is an offence to obstruct police from obtaining a DNA (deoxyribonucleic acid) sample from you and you may be charged.

If you have been charged with a serious offence, you may be arrested. If required, the new laws give police the power to use reasonable force to obtain a sample. It is an offence to obstruct police from obtaining a DNA sample from you, and you may be charged.

Why give a DNA sample?

Police will be able to exclude you as a suspect for crimes. Offenders who believe they have been wrongly convicted should seek legal advice.

Where can I get help?

Contact your legal representative, Legal Aid or the Aboriginal Legal Service as soon as possible if you have any concerns about consenting to a DNA sample being taken.