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

large batch of serious indictable offender profiles to the national DNA database. There are currently no arrangements
in place for regular transfer of profiles to the national database. NSW Police anticipates that should the database
become operative at a national level, it would transfer the profiles from the suspects index, volunteer (unlimited
purposes) index and crime scenes index, as well as the new profiles from the convicted offender index, to the national
database. NSW Police has advised that it is not clear whether profiles from the volunteers (limited purposes) index
would be transferred. Our strong view is that profiles obtained from volunteers for limited purpose should not be
transferred.
NSW Police in its submission to this review argued strongly that the Act should be amended to allow for the exchange
of all legally obtained DNA profiles between New South Wales and other states and territories. NSW Police also
suggested that mutual recognition legislation could be extended to facilitate the sharing of forensic information with
certain overseas jurisdictions. DAL has also expressed frustration at the lack of interstate enforcement arrangements,
arguing that the models proposed so far are too restrictive. 1067
Recommendation 80
The Attorney General and NSW Police take all necessary steps to permit the sharing of appropriate unlimited
purpose volunteer, suspect and serious indictable offender DNA profiles via the National Criminal Investigation
DNA Database (NCIDD).
NSW Police supports this recommendation. 1068 The Attorney General’s Department advised that rolling out the
national DNA database is a very high priority. 1069
Endnotes
902 Chief Magistrate’s Circular #433.
903 “Magistrate Slams Cops”, The Illawarra Mercury, 10 February 2004; “Rape Victim’s long wait for DNA tests”, The Daily Telegraph, 27 May
2004; “DNA wait leaves victims in limbo –- ‘disgrace’ as raped mum suffers”, The Sun-Herald, 30 May 2004; and “Long-term trends in
trial court delay in NSW”; NSW Bureau of Crime Statistics and Research media release issued 30 September 2004.
904 DAL response to Ombudsman investigation notice, 24 February 2005. This includes profiles taken from 421 volunteers after Part 8 of the
Act commenced and 410 prior to Part 8 commencing.
905 DAL, Draft Business Case, January 2005.
906 DAL, Draft Business Case, January 2005.
907 Minutes of the DNA Advisory Committee, 3 February 2006.
908 During the review period we received one complaint involving a delay of 19 days for transportation of a suspect sample from the police
station to DAL. The matter went before the court and no adverse findings were made. The complaint is discussed in more detail in
chapter 15 as complaint number 3.
909 For some procedures, the date the procedure was recorded on COPS was not the same as the date the procedure was actually
conducted. For this reason, we used hardcopy records, such as consent forms, to establish the date the procedure was conducted.
Where no hardcopy records were available, we included the date as indicated by COPS.
910 Crimes (Forensic Procedures) Act 2000 s 27(3).
911 This is also discussed as complaint number 8 in chapter 15.
912 DAL comments on Ombudsman statement of provisional findings, 17 October 2005.
913 52 from suspects and eight from volunteers, according to information obtained through Ombudsman review of COPS records.
914 4,619 from suspects and 421 from volunteers: DAL response to Ombudsman investigation notice, 24 February 2005.
915 NSW Police response to Ombudsman draft report, 2 June 2006.
916 DAL response to Ombudsman investigation notice, 24 February 2005.
917 Telephone advice from DAL, 3 March 2005.
918 Crimes (Forensic Procedures) Act 2000 s 91(2).
919 NSW Police response to Ombudsman draft report, 2 June 2006.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000