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

• representatives from human rights organisations
• forensic experts who are independent of both the Forensic Science Laboratory and the government
• representatives with experience in data protection
• police representatives, and
• representatives from the DNA profiling laboratory. 1052
This model is also being considered in Victoria, where the Law Reform Committee has recommended that a
separate forensic service that is “autonomous in its operations and accessible to prosecution and defence” 1053
should be established. The Committee further recommended that the independent service should be managed by
an independent board made up of representatives from the client groups, and that it should be accountable through
annual reporting to Parliament, be at arm’s length from its major clients, and be funded by a body or department
separate from Victoria Police. 1054
The NSW Standing Committee on Law and Justice in its review of the Act has made similar recommendations
for the development of a State Institute of Forensic Sciences. This Institute, if developed, would be responsible
for the management of the use of technology in criminal investigations and prosecutions. 1055 The development
of this Institute has also been raised by the Public Accounts Committee’s Inquiry into Court waiting times, which
recommended:
• As a matter of urgency, the establishment of a State Institute of Forensic Science be considered by the State
Institute of Forensic Services Committee, and
• The Division of Analytic Laboratories (or a State Institute of Forensic Services) should be part of the Justice
System Information Sharing project. 1056
The current proposal to outsource some DNA services provides a further opportunity to consider these issues,
especially in analysing issues of independence, and the outcomes of any trial as against enhanced funding to DAL.
In our draft report, we made a preliminary recommendation that the DNA Advisory Committee and/or the Attorney
General’s working group participate in any review of the outsourcing trial, and that this review should properly
consider, in addition to the specific outcomes of the trial, the broader question of the long term position of DNA
analysis services in New South Wales, including issues of funding, independence, and research and development.
The outsourcing trial has progressed since we made our preliminary recommendation, and is being scrutinised
through the following mechanisms: 1057
• a steering committee, with representatives from DAL, the Attorney General’s Department, NSW Police and the
Police Ministry will oversight the trial
• the DNA Advisory Committee is monitoring the trial, and
• the New Zealand laboratory, Environmental Science and Research Limited, will conduct an independent
evaluation of the trial and will report to Cabinet at the end of the trial. 1058
The outsourcing trial presents a good opportunity to consider the broader question of the long term position of DNA
analysis services in New South Wales and we recommend that Cabinet consider these issues in its response to the
independent evaluation report.
Recommendation 78
Cabinet consider, in addition to the specific outcomes of the DNA outsourcing trial, the broader question of the
long term position of DNA analysis services in NSW, including issues of funding, independence, and research
and development.
Recommendation 79
The Parliament give further consideration to the recommendations of the NSW Standing Committee on Law
and Justice and the Public Accounts Committee regarding the establishment of an independent State Institute
of Forensic Sciences.
216
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000