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

10.6.5.2. Volunteers
For each of the eight forensic procedures conducted on volunteers included in the audit, we found that the person
sample had been compared against the crime scene sample. In four of these, the volunteer’s DNA was used for
exclusion purposes. In the other four, it is not clear from the information available what the outcome was.
10.6.6. Are police officers using their powers under the Act effectively
Our capacity to assess whether police officers are using their forensic procedure powers effectively was seriously
limited by the fact that neither DAL nor NSW Police have maintained complete or accurate records for the whole of
the review period. While record keeping has improved since the Act came into force in 2001, there are still a number
of areas where complete records would enable both DAL and NSW Police to better measure their performance.
In particular, it is not possible to gauge how often taking a DNA sample from a suspect confirms the person’s
involvement in the offence or eliminates the person from the investigation, although this would appear be a key
indicator of whether the powers available under the Act are being used effectively.
This situation should improve as DAL has agreed, following our investigation, to provide FPIT with a copy of all case
work sample reports at the time the report is provided to the investigating police officer or local area command.
This will enable NSW Police to keep a centralised record of all analysis outcomes, in particular of all warm links and
eliminations. It will permit monitoring across NSW Police, and indicate commands or areas where inquiries into the
use of the Act should be initiated.
As discussed above, it would also be beneficial to both agencies to standardise their methods of recording and
reporting links. The current difference between the way DAL and NSW Police record links makes it difficult to compare
figures. Some forensic service providers in other jurisdictions regularly publish statistics of how many DNA samples
they have analysed (including person samples and crime scene samples), how many profiles are on the database,
the results of analysis, and how many samples have been rejected and the reasons for this. Some publish statistics
in annual reports or on their website. Given the good results DAL has achieved, there may be some merit in DAL
keeping better records of outcomes and providing this information to the public. We raised this issue in discussions
with DAL, and DAL indicated that it used to provide this type of information to NSW Police. 972
NSW Police provide some information in their annual reports on the number of DNA person samples collected,
number of cold links made and the cumulative number of arrests and convictions since the New South Wales
DNA database commenced. There are no accurate records reported regarding non-DNA forensic procedures and
their effectiveness in aiding investigations. In our view, it would be beneficial for NSW Police to consider collecting
information that reflects all aspects of the Act and publishing this information in their annual report.
Recommendation 69
DAL and NSW Police consider publishing outcomes from all links made from the New South Wales DNA
database, not just cold links, in their respective annual reports
Recommendation 70
DAL and NSW Police include explanations on how they calculate links in their respective annual reports.
Recommendation 71
DAL and NSW Police consider regularly publishing this information on their respective websites.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000