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

Recommendation 92
NSW Police amend COPS to include new fields for the date destruction of forensic material is due, and a field
to commence recording the date the sample is either destroyed or converted to a convicted offender profile.
NSW Police supports this recommendation and advised that it is already in place. 1245
Recommendation 93
NSW Police consult with the Attorney General’s Department to develop appropriate formats for electronic
notification of court results and extension orders under section 88(5) of the Act via CourtLink once it becomes
operational.
NSW Police supports this recommendation. 1246 The Attorney General’s Department also supports the
recommendation, noting that “in many instances the triggering event that requires a sample to be destroyed may not
be a Court result, and so a range of processes need to be put in place to ensure that the legislative requirements
about destruction are met.” 1247
NSW Police also recently advised that responsibility for destroying DNA samples and profiles was transferred to its
Criminal Record Section in June 2006. The Criminal Record Section is developing standard operating procedures
for establishing, implementing and monitoring quality control mechanisms, including a process for identifying
outstanding matters for finalisation. 1248
14.2.3. How does DAL destroy DNA
DAL destroys the identifying information and the actual DNA sample, but does not delete the DNA profile from the
database.
DAL generally removes the identifying information from the database as soon as practicable after receiving a
destruction request from FPIT. This is usually the same day, or soon after. DAL checks the barcode number, person’s
name and date of birth are correct before deleting the information.
DAL then destroys the actual forensic sample (as in, the FTA card or hairs). DAL also destroys the hardcopy record
of the profile, and all associated paperwork. DAL waits until it has received a number of destruction requests, before
destroying the sample and paperwork in batches. Following destruction, DAL returns a signed copy of the destruction
request form to FPIT.
DAL considers that identifying information is destroyed if the link between the profile and the information is removed
on the searchable database, and the actual sample is destroyed as well. However, it has commented:
It is not clear how far we have to go with destruction of identifying information – it could be that we have to
destroy all knowledge that we received a sample and cut little bits out of our reports, test files and so on. 1249
In our view, this is not necessary and DAL’s current process for destroying the identifying information meets the
legislative requirements (see 14.2.4).
However, we note that while DAL destroys the identifying information and actual forensic sample, it does not destroy
the DNA profile. The profile remains on the database, although there is no way it can be linked back to its source.
The review of the Commonwealth forensic procedures legislation discussed the distinction between de-identification
and destruction of DNA samples, and between destruction of DNA samples and profiles. It commented that in
addition to destroying identifying information and the actual biological sample, “any DNA profiles relating to a person
sample should also be destroyed because it is the profile that provides the basis for linking.” It recommended that
DNA profiles should have to be destroyed, in addition to the physical destruction of samples and the electronic
separation of profiles from their identifying information. 1250 We agree that there is no good reason for DNA profiles to
be retained on the DNA database for those samples which are required to be destroyed. Although the identity of the
person who provided the sample cannot be established it can possibly be used to limit a pool of people to those who
have had a profile on the database which has been destroyed and the profile can still be used to link the unknown
person to other profiles on the database, such as close family members.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 263