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

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After completing these checks, DAL staff register the case, sign and date the police form, and put barcodes on the<br />

form. If the exhibits were hand delivered, a copy of the form is also given to the submitting officer.<br />

In 2004, FSG conducted a review of all casework being submitted to DAL. This included reviewing the documentation<br />

accompanying crime scene samples submitted. The review found that one in five cases submitted had significant<br />

errors or omissions in the accompanying paperwork. 927 FSG has recommended changes to the submission form, so<br />

that it has to be completed electronically, in full, on the FSG intranet site, before the relevant items will be accepted. 928<br />

10.3.9. Tracking crime scene samples at DAL<br />

DAL currently barcodes all exhibits on receipt, and is able to track their progress through the laboratory. Exhibits<br />

are linked to investigations through the relevant COPS Event number. While this is generally sufficient, if a COPS<br />

number has been incorrectly transcribed by the submitting police officer, or is difficult to read, DAL staff may have<br />

considerable difficulty locating the exhibit at a later date. This problem is exacerbated by the length of time between<br />

an exhibit being received at DAL and its examination, and also by the lack of storage space at the laboratory.<br />

As discussed later in this report, at 12.2.2.2, FSG proposes to introduce a barcoding system, which would<br />

presumably be used in the screening, storage and analysis of exhibits. If this were introduced, it would make it easier<br />

for DAL to track exhibits awaiting analysis. <strong>NSW</strong> Police has advised it is consulting with DAL on the use of barcoding<br />

for all exhibits and tracking of cases and samples within the laboratory.<br />

10.3.10. Storage of firearms at DAL<br />

DAL keeps exhibits awaiting analysis in boxes in a large storeroom. There are no separate procedures for storing<br />

firearms; they are kept in boxes along with all the other crime scene exhibits. We are concerned that this is not safe,<br />

and in addition may breach DAL’s legislative obligations under the Firearms <strong>Act</strong> 1996. Having raised this matter with<br />

DAL, DAL has agreed with the proposal to store firearms in a safe. 929<br />

Recommendation 61<br />

DAL reviews its processes for storing firearms and takes all reasonable precautions to ensure they are kept<br />

safely, in accordance the Firearms <strong>Act</strong> 1996.<br />

<strong>NSW</strong> Health supports this recommendation and advised that DAL is purchasing a suitable firearms cabinet to be<br />

installed in July 2006. 930<br />

10.4. Permitted matching<br />

Part 11 of the <strong>Act</strong> deals with the DNA database system. The DNA database contains the following indexes:<br />

• crime scene index<br />

• missing persons index<br />

• offenders index<br />

• suspects index<br />

• unknown deceased person’s index<br />

• volunteers (limited purposes) index, and<br />

• volunteers (unlimited purposes) index.<br />

The New South Wales DNA database also contains a statistical index. DNA profiles derived through forensic<br />

procedures or from crime scenes are stored on the relevant index of the DNA database. Section 93 of the <strong>Act</strong><br />

specifies the circumstances in which DNA profiles can be matched against others on the database. In our<br />

investigation of DAL, we examined the laboratory’s compliance with the legislative provisions for permissible<br />

matching.<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> 189

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