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

Chapter 11. Accuracy of DNA records
DAL is responsible for the creation and day to day maintenance of the DNA database, including uploading profiles
onto the database, deleting profiles and generating links through the comparison of new profiles with those already
on the database. NSW Police does not have access to the DNA database. It submits DNA samples to DAL and
receives advice from DAL as to any links. However, NSW Police does keep records of forensic procedures on its
computer system, and relies on these records when taking action in relation to advice from DAL that DNA links have
been made.
This chapter discusses the accuracy of DNA records on the DNA database and the NSW Police computer system,
and the implications of inaccurate information being retained on these systems.
11.1. Accuracy of information on the DNA database
11.1.1. Identification of samples
We have previously described our audit of forensic procedures (see 10.1.1). We provided DAL with a list of 180
forensic procedures conducted by police, including records of the station where the procedure was conducted, the
type of procedure, the DNA sample bag number and barcode. 1070 We asked DAL for details such as the person’s
name and status (i.e. suspect, volunteer, convicted offender or victim), to see whether the records held by NSW Police
and by DAL were consistent.
Some of these procedures DAL was unable to identify because the sample had been destroyed or because the
procedure was of a type other than a buccal swab or hair sample. However, there were 13 procedures conducted
which DAL could not identify, although the information available from police suggests that they should have been
received at DAL.
We provided DAL with additional details for these procedures, including name of the person who provided the
sample, the person’s Central Names Index (CNI) number, the date of the procedure and the FS number (where
known). We asked DAL to provided advice as to whether it had in fact received these samples, and if so, the date of
receipt, and whether the records DAL has of the person’s name, type of procedure, sample bag number and barcode
are the same as those held by police.
Of the 13 procedures, DAL identified five of these with the additional information. The remaining eight still could not
be identified. DAL explained that it was possible that some of these samples may have been deleted and without the
correct barcode from NSW Police they would be unable to detect this.
11.1.2. Discrepancies between records held by NSW Police and DAL
11.1.2.1. Bag numbers and barcodes
On reviewing DAL’s first response, we identified some discrepancies between the information held by NSW Police and
the information provided in DAL’s response:
• For two procedures, we found that the sample bag number, name and/or type of procedure provided by DAL
differed from the information provided by police.
• For 15 procedures, the bag number DAL provided was different from the bag number provided by police
- in seven of these it appeared that the DAL records were correct and the police records were wrong.
- in four, it appeared the police records were correct and the DAL records were wrong.
- the remaining four we were unable to determine from the information available which of the records were
correct.
We asked for advice as to why the DAL and police records may be different. We also asked DAL why there may be
inaccuracies in its records of sample bag numbers and the consequence, if any, of this. DAL advised that:
The only valid identifier is the sample barcode and possibly the person’s name. Our experience is that other
details such as bag barcode from the Police system are not as reliable for identifying samples... Bag barcodes
are more prone to transcription problems and we would not identify a sample that way without checking other
details such as the name. 1071
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 223