ABSTRACT

This chapter considers the desirability of a new criminal offence, in particular, the activities that might be considered criminally culpable; whether the criminal law rather than the civil law should be utilised to protect any legal interest that people have in their own bodily material and genetic information; and the terms in which the proposed offence might be phrased. It argues that the proposals of both the HCG and the Australian Law Reform Commission for a new criminal offence are appropriate but there are likely to be difficulties in drafting a new statutory offence. The criminal law is also used to punish or deter conduct the community thinks is ‘wrong’, as in the case of ‘streaking’ or desecration of a corpse. The number of criminal offences has proliferated and one may question the ready utilisation of the criminal law merely on the basis that someone has been, or may be, harmed, especially where the harm in question is relatively slight.