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Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

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• establishing ‘best practice’ for the conduct of DNA sampling, and making the senior police order process more<br />

accountable and transparent<br />

• improving the way forensic procedures are managed at a local level – including the development of a<br />

forensic procedures portfolio in each police command, with a designated forensic procedures officer<br />

responsible for the portfolio and a small team of officers who are responsible for conducting forensic<br />

procedures in the command<br />

• improving and streamlining record keeping by <strong>NSW</strong> Police and DAL, particularly in relation to police computer<br />

records of forensic procedures and DNA analysis results, to improve accuracy and reduce duplication<br />

• establishing an audit process between DAL and <strong>NSW</strong> Police, to ensure information on the database is correct,<br />

including that DNA profiles are identified by a person’s real name and not an alias<br />

• taking away the ability of ordinary police officers to transfer forensic procedures from one person’s record<br />

to another<br />

• establishing new turnaround times for DNA analysis, to reflect DAL’s current workload<br />

• clarifying who is the “responsible person” for the DNA database<br />

• considering whether all police officers, forensic officers, scene of crime officers and laboratory staff should<br />

have their DNA profiles on an elimination database<br />

• considering whether the covert collection of DNA samples should be regulated, and<br />

• requiring <strong>NSW</strong> Police to include information about covert DNA sampling, forensic procedures conducted by<br />

force and DNA analysis results in its Annual Report<br />

<strong>NSW</strong> Police and other agencies support the majority of our recommendations.<br />

Conclusions<br />

The implementation of the <strong>Crimes</strong> (<strong>Forensic</strong> <strong>Procedures</strong>) <strong>Act</strong> has provided police with further tools in the investigation<br />

and prosecution of criminal offences. This has generally been achieved with due regard to the rights and interests of<br />

people police wish to undergo forensic procedures.<br />

We have identified a number of legislative and procedural issues for consideration by Parliament and relevant<br />

agencies. We have also identified key issues that should be kept under scrutiny into the future.<br />

viii<br />

<strong>NSW</strong> <strong>Ombudsman</strong><br />

DNA sampling and other forensic procedures conducted on suspects and volunteers under the <strong>Crimes</strong> (<strong>Forensic</strong> <strong>Procedures</strong>) <strong>Act</strong> <strong>2000</strong>

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