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

Recommendation
Paragraph
number
56
57
The Crimes (Forensic Procedures) Act 2000 be amended to specifically provide
the following:
a. the taking of a DNA sample from a child under the age of 10 be prohibited
except when a court order authorises the sample having given due
consideration to the age of the child and where:
i. the paternity of the child is of evidentiary value in an indictable or
prescribed offence; or
ii. the DNA is required for exclusionary purposes.
b. the only permitted matching for a DNA profile obtained from a DNA sample
from a child under the age of 10 is within case matching, and that the profile
not be placed on any index of the DNA database.
Training for forensic procedures include information that the primary reason for
rejecting DNA person samples is that there is insufficient material on the FTA card
and therefore reinforce the need to obtain sufficient forensic material when taking
a DNA sample by buccal swab.
9.5.1
10.3.4
58 NSW Police remove the option of ‘other’ on the sample information form. 10.3.5
59
60
61
62
63
64
65
66
67
The Attorney General consider including in the regulations provision for an
additional index on the New South Wales DNA database that allows DAL to
continue its practice of holding profiles where the purpose for which the sample
was provided is not clear from the documentation accompanying the sample.
NSW Police and DAL implement a process so that DAL only accepts DNA
samples from suspects and volunteers where there are sufficient details enabling
DAL to identify the case to which the sample belongs.
DAL reviews its processes for storing firearms and takes all reasonable
precautions to ensure they are kept safely, in accordance the Firearms Act 1996.
Part 11 of the Crimes (Forensic Procedures) Act 2000 be amended to permit the
matching of DNA profiles within the suspects index.
DAL continues to use volunteer samples only within the case for which the sample
was provided, unless it has confirmed with the relevant police officer that the
volunteer did actually intend that his or her profile be placed on the “unlimited
purposes” index.
DAL deletes all profiles provided by volunteers for ‘within case matching’ from the
database, once the relevant court proceedings have been finalised.
NSW Police remove the option of samples not being placed on any index from the
volunteer consent form.
DAL and NSW Police standardise their methods of recording cold links, warm links
and eliminations.
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.
10.3.5
10.3.6
10.3.10
10.4.1
10.4.2
10.4.2
10.4.2
10.6.4
10.6.4
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000
xv