New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 137A

137A Destruction of finger-prints and palm-prints (adults and children)

(1) A person from whom any finger-prints or palm-prints are taken under this Division in relation to an offence may request the Commissioner to destroy the finger-prints or palm-prints if the offence is not proven.

(2) For the purposes of this section, an offence is
"not proven" if--

(a) the person is found not guilty or is acquitted of the offence, or

(b) the conviction of the person for the offence is quashed, and an acquittal is entered, on appeal, or

(c) at the end of the period of 12 months after the finger-prints or palm-prints were taken (or, if an extension to that period is granted under section 137B, at the end of the extended period) proceedings in respect of the offence have not been instituted against the person or have been discontinued.

(3) A request under this section is to be made by application in writing.

(4) If the person from whom the finger-prints or palm-prints were taken is a child, the request may be made on behalf of the child by a parent or guardian of the child.

(5) The Commissioner must, as soon as reasonably practicable after receiving a request made in accordance with this section, destroy or cause to be destroyed the finger-prints or palm-prints taken from the person in relation to the offence that is not proven.

(6) This section does not require the destruction of any court records.

(7) This section does not affect the powers of the Children's Court to order the destruction of all identification particulars relating to a person under section 38 of the Children (Criminal Proceedings) Act 1987 .

(8) This section extends to any finger-prints or palm-prints taken under section 134 (in relation to an offence that has been proven), if the person's conviction for the offence is subsequently quashed on appeal.