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

Chapter 2. Key provisions of the Act
The Act facilitates the collection of DNA samples and other forensic material by police, and safeguards the rights and
interests of people who police wish to undergo forensic procedures. Below we have provided a synopsis of the Act in
what we hope is a simple format. The Act is complex and we have summarised relevant portions where appropriate.
Corresponding sections have been endnoted for appropriate reference. In addition, relevant provisions are explained
in greater detail in relevant parts of the report.
2.1. What is a forensic procedure
A forensic procedure is a way to obtain evidence that relates to the investigation and prosecution of a crime.
A forensic procedure cannot be conducted for the sole purpose of establishing the identity of the person who
provides the sample. 25 For example, police could take a DNA sample from a suspect to compare to DNA found at a
crime scene. However, police could not take a DNA sample from a person purely to establish that person’s identity.
The Act authorises three different categories of forensic procedures – buccal swabs, non-intimate forensic procedures
and intimate forensic procedures.
2.1.1. Buccal swabs
A buccal swab is taken to obtain a sample of a person’s DNA. It is the most common type of forensic procedure.
A buccal swab is completely painless, and is self-administered. The person providing the sample gently scrapes the
inside of his or her mouth with a foam tipped plastic swab, which looks a bit like a cotton bud. The person hands
the foam swab to a police officer, who then presses it onto specially treated paper, to transfer saliva and cheek cells
from the swab onto the paper. The paper is sealed in a small envelope, identified with a barcode and put with the
relevant documentation into a tamper-evident bag. The swab is then given back to the person who has provided the
sample. Police send the tamper-evident bag to the DNA laboratory for analysis. This process has changed since we
completed our first report on serious indictable offenders. The change has come about as police comply with the
requirement to share the sample with the person supplying the forensic material. 26 We discuss this requirement further
in section 8.10 of this report.
2.1.2. Non-intimate forensic procedures
Section 3 of the Act authorises the following non-intimate forensic procedures:
(a) an external examination of a part of the body other than:
(i) the genital or anal area or the buttocks, or
(ii) the breasts of a female or a transgender person who identifies as a female,
that requires touching of the body or removal of clothing,
(b) the taking of a sample of hair other than pubic hair,
(c) the taking of a sample from a nail or under a nail,
(d) the taking of a sample by swab or washing from any external part of the body other than:
(i) the genital or anal area or the buttocks, or
(ii) the breasts of a female or a transgender person who identifies as a female,
(e) the taking of a sample by vacuum suction, by scraping or by lifting by tape from any external part of
the body other than:
(i) the genital or anal area or the buttocks, or
(ii) the breasts of a female or a transgender person who identifies as a female,
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000