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

DAL has run out of space to store exhibits awaiting analysis, although it continues to receive more casework than it
has the capacity to process. In particular, it needs better storage facilities so that samples obtained from suspects
and from victims can be kept in separate areas.
DAL recently advised that it has arranged interim accommodation for 15 extra staff. A new building with increased
space has been purchased but needs to be refurbished before it can be used as a DNA laboratory. At this stage, DAL
expects to move into the facility in February 2007. 1129 We note that DAL will continue to be assessed by NATA as to
the adequacy of its accommodations and risk management processes.
12.3.3. Outsourcing DNA analysis to private laboratories
Until recently, DAL was the only laboratory accredited to conduct DNA analysis for NSW Police. However, NSW
Police is currently conducting a three month trial outsourcing some DNA analysis to a private laboratory. 1130 While the
laboratory conducting the trial has been accredited by NATA, we urge the steering committee which is oversighting
the trial to ensure any contamination risks associated with outsourcing are minimised.
12.4. Elimination databases
Given that contamination can and does occur, many jurisdictions have established elimination databases of those
involved in the handling of DNA samples, to ensure that any accidental contamination is identified early. Elimination
databases have been compiled from DNA taken from police officers, laboratory staff and even from the people who
manufacture the equipment used by police and in laboratories.
12.4.1. Laboratory staff elimination databases
It is possible for DNA from laboratory staff to contaminate crime scene evidence.
Case Study 80
The director of the Northern Territory’s forensic science laboratory was called to give evidence in the
Peter Falconio murder trial, after his DNA was found on cable ties allegedly used to bind the hands of the
deceased’s girlfriend, Joanne Lees. He reportedly gave evidence that he did not know how it got there, but it
could have been transferred by sneezing or dropping dandruff. He believed that in line with laboratory protocol,
he would have been wearing gloves when he handled the cable ties. 1131
Contamination of crime scene evidence by laboratory staff is not really a problem, provided that, when it does occur,
it is identified. DAL keeps DNA profiles from all staff on an elimination database, against which profiles derived from
crime scene evidence are routinely checked:
At present all DAL staff profiles are checked against profiles recovered from crime scene items. The provision
of a reference sample is part of the employment conditions at DAL. Notwithstanding the introduction of many
quality measures such as the wearing of gloves, masks, lab coats and hair nets, DNA from examining scientists
has still been recovered from a number of items, and the existence of this staff database has allowed police
investigators to focus on the evidence relevant to the case. 1132
Where forensic material on a piece of crime scene evidence is identified as having come from a member of staff,
investigating authorities are not left trying to identify a further ‘suspect’, who does not actually exist.
As discussed above, NSW Police is planning to outsource some DNA analysis to laboratories other than DAL. If this
is to occur, these laboratories will need to consider whether staff should be required to provide a DNA sample to DAL
for inclusion on a staff elimination database, to ensure than any contamination by staff from these laboratories is
identified.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 237