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

We realise this is a sensitive issue, and one which requires appropriate protections, full consultations, detailed
information to police and ongoing monitoring. However, given the strong considerations in favour of such a database,
we recommend it be further considered.
Recommendation 90
Consideration be given to establishing a DNA elimination database for all police officers, forensic officers and
scene of crime officers in NSW.
NSW Health strongly supports this recommendation. 1144 NSW Police supports the recommendation too. 1145 However,
the Minister for Police commented that “there are significant financial, legislative and industrial implications associated
with this recommendation that should be considered.” The Minister’s position is that officers should be able to provide
samples for an elimination database on a voluntary basis, but participation should not be compulsory. 1146
12.4.3. Supplier elimination databases
The United Kingdom also established a manufacturers elimination database to assist in identifying contamination
of equipment used by law enforcement agencies in DNA sampling, after two high profile murder investigations were
erroneously linked. It turned out that the profile common to both cases came from a person who worked for the
company which supplied the DNA swab tubes, not from the crime scenes in question. 1147
The equipment included in the testing kits currently used by NSW Police has components from both the United
Kingdom and the United States. 1148 It may be possible that police in these areas already have arrangements in
place for staff at manufacturers to supply profiles. If this is the case, manufacturers may already be able to supply
elimination databases for their staff.
We are not aware of this being a problem in New South Wales. However, this issue may be one the DNA Advisory
Committee may want to consider.
Recommendation 91
The DNA Advisory Committee consider consulting with the manufacturers of the equipment used for taking
DNA samples about the risk of contamination.
NSW Police supports this recommendation. 1149 However, NSW Health commented that it could see little benefit
in the DNA Advisory Committee undertaking this role. It advised that DAL scientists discuss these matters with
manufacturers informally as well as at conferences and special interest groups facilitated by SMANSFL (Senior
Managers Australia & New Zealand Forensic Laboratories). NSW Health suggested that DAL could brief the DNA
Advisory Committee on the matter. 1150
Endnotes
1091 The Hon Michael Kirby, “DNA Evidence: Proceed with Care”, based on an address to a seminar at the University of Technology, Sydney,
16 March 2000. Available from the High Court website: http://www.hcourt.gov.au/speeches/kirbyj/kirbyj_dna.htm accessed 23 May
2005.
1092 Mark Findlay, Independent review of the Crimes (Forensic Procedures) Act 2000 (April 2003) at p. 6 to 8.
1093 R v MSK and MAK, unreported, Supreme Court 070201/03 and 070002/03, transcript 25 November 2003 at pages 126 and 163.
1094 Confidential survey responses.
1095 The Hon Michael Kirby, “DNA Evidence: Proceed with Care”, based on an address to a seminar at the University of Technology, Sydney,
16 March 2000. Available from the High Court website: http://www.hcourt.gov.au/speeches/kirbyj/kirbyj_dna.htm accessed 23 May 2005.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000