MB v Children's Court of Victoria
Supreme Court of Victoria
McDonald J
21/11/2023
[2023] VSC 666
Human rights — Charter of Human Rights and Responsibilities — Privacy — Rights of child — DNA sample given by minor following charge for criminal offences — Plaintiff 16 years of age when sample given — Plaintiff convicted of relevant offences — Order made by Children’s Court permitting retention of DNA sample following plaintiff’s conviction — Whether Children’s Court failed to have regard to mandatory relevant considerations in making retention order — Whether retention order legally unreasonable — Whether Children’s Court failed to give proper consideration to, and act compatibly with, plaintiff’s right to privacy and right to such protection as was in his best interests — Crimes Act 1958 (Vic), ss 464SC, 464ZFB — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 4(1)(j), 13(a), 17(2), 32(1), 38(1), 38(2)
Human rights — Courts and judges — Children’s Court — Public authority — Children’s Court making order for preservation of DNA following conviction — Whether Charter of Human Rights and Responsibilities applied to Court when making order — Charter of Human Rights and Responsibilities Act 2006 (Vic), s 4(1)(j)
Read the judgment here.