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

to conduct forensic procedures effectively. NSW Police acknowledged that it needs to improve its IT systems, data
collection and intelligence before it can evaluate how the powers available under the Act are being used. 964
After further discussions, DAL agreed to provide all DNA analysis results to FPIT, and to consider whether results
should be provided electronically or in hardcopy. 965 We note that if results are provided electronically, they could
be provided automatically at the time the results are provided to the investigator. If provided in hardcopy, DAL
could perhaps make copies of analysis results and send these regularly (say, on a monthly basis) to FPIT. Sending
hardcopies may be a good interim measure until IT systems can be improved.
We also recommended that, for each case in which a suspect sample is submitted, DAL record a result – for example
‘warm link’, ‘exclusion’, ‘no DNA’ (where no DNA could be found on the exhibit) or ‘no link’ (where the suspect was
neither implicated nor excluded by the analysis). During further discussions, DAL advised that it currently records
outcomes for crime scene samples – ‘warm link’, ‘exclusion’, ‘upload’ (where a DNA profile is uploaded onto the
database, but does not result in a warm link) and ‘check’ (where the exhibit is examined but there is no DNA located,
or no suitable profile could be derived for placement on the database). DAL agreed that it could develop a set of
outcomes for person samples so that for each person sample submitted, there is a result recorded when it has been
compared to the relevant crime scene evidence. 966
In addition to the above, NSW Police has asked for monthly reports detailing the number of samples received and the
number of samples analysed in relation to suspects, volunteers, excluded volunteers, convicted offenders, missing
persons and deceased persons. It has also asked for the number of cases received, the number of evidence samples
analysed, and the number of evidence samples entered onto the database. NSW Police has also asked for various
statistics relating to cases in the backlog, including the number of cases and crime scene samples awaiting analysis
(divided into serious and volume crime) and the years in which the cases awaiting analysis were received.
We understand that DAL is providing most of these, but is still considering some aspects of the request.
Recommendation 66
DAL and NSW Police standardise their methods of recording cold links, warm links and eliminations.
Recommendation 67
DAL in consultation with NSW Police develop a set of agreed outcomes for analysis conducted in relation to
suspect samples, and record an outcome for each case in which a suspect sample is submitted.
Recommendation 68
DAL provide an appropriate central unit in NSW Police (such as FPIT or FSG) with DNA analysis results for
each sample analysed.
NSW Police supports recommendations 66 to 68. 967 In response to recommendation 66, NSW Health commented:
It is important that not only that DAL and the NSW Police have a standard approach to these recordings but
also there is a national approach to the collection of such data. The Senior Managers of the Australian and New
Zealand Forensic Laboratories (SMANZFL) have a draft programme in place that is currently under review. This
matter will be raised at their next meeting and an assessment made of the terminology, and discussions of its
national implementation. Once this is done DAL will implement the SMANZFL recommendations in collaboration
with NSW Police. 968
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 197