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

86 For example, NSW Legislative Assembly Hansard, 7 June 2000, Mr M Richardson MP, p. 6736.
87 For example, NSW Legislative Council Hansard, 21 June 2000, the Hon M J Gallacher MLC, p. 7275.
88 Griffith v R (1977) 137 CLR 293 at 327 (Jacobs J).
89 Orban v Bayliss [2004] NSWSC 428 at paragraph 30 (Simpson J).
90 For example, see Australian Law Reform Commission, Essentially Yours: The Protection of Human Genetic Information in Australia (March
2003) at paragraph 39.12; Law Reform Commission of Ireland, “Consultation Paper on the Establishment of a DNA Database” (March
2004) at 46; and the United Kingdom Human Genetics Commission, “Inside Information: Balancing Interests in the use of Personal
Genetic Data” (May 2002).
91 For example, NSW Legislative Assembly Hansard, 7 June 2000, Mr M Richardson MP, p. 6738.
92 NSW Legislative Council Hansard, 28 June 2000, the Hon R S L Jones MLC, p. 7658.
93 NSW Legislative Council Hansard, 28 June 2000, Ms L Rhiannon MLC, p. 7662.
94 See, for example, Commonwealth of Australia, “Report of Independent Review of Part 1D of the Crimes Act 1914 – Forensic Procedures”,
March 2003, chapter 3; 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; Andrew Haesler, Public Defender, “DNA – An Overview of Testing and the Crimes (Forensic
Procedures) Act 2000” (June 2003); Ben Saul, “Genetic Policing: Forensic DNA Testing in New South Wales”, 13(1) Current Issues in
Criminal Justice at page 74 (July 2001); Evidence by former Privacy Commissioner Chris Puplick before the Standing Committee on Law
and Justice Inquiry into the Operation of the Crimes (Forensic Procedures) Act 2000, 8 August 2001; Dr Jeremy Gans, “Submission to
the Independent Review of Part 1D (Forensic Procedures) of the Crimes Act 1914 (Cth), available at www.ag.gov.au accessed 3 February
2006 and Australian Law Reform Commission, Essentially Yours: The Protection of Human Genetic Information in Australia (March 2003).
95 GeneWatch UK, “The Police National DNA Database: Human rights and privacy”, Briefing Number 31 June 2005, p. 5. Accessible at
http://www.genewatch.org/Publications/Briefs/Brief31.pdf
96 See M Findlay and J Grix, “Challenging Forensic Evidence” 14 Current Issues in Criminal Justice 269 and A Haesler SC, “DNA for
Defence Lawyers” (May 2005) on the website of the Public Defenders Office, http://www.lawlink.nsw.gov.au/lawlink/pdo/ll_pdo.nsf/pages/
PDO_index accessed 16 August 2005.
97 R v Daley [2001] NSWSC 1211 (14 September 2001) at paragraph 62 (Simpson J).
98 Andrew Haesler, Public Defender, “DNA – An Overview of Testing and the Crimes (Forensic Procedures) Act 2000” (June 2003).
99 NSW Law Reform Commission, The Right to Silence, Report 95 (2000) at 2.2.
100 Petty v The Queen (1991) 173 CLR 95 at 128 to 129 (Gaudron J). See also John Nicholson, “The ‘Right’ to Silence – Only Half a Right”
(2000), available from the website of the Public Defenders Office, http://www.lawlink.nsw.gov.au/lawlink/pdo/ll_pdo.nsf/pages/PDO_index
accessed at 17 September 2004.
101 There are other examples of the general right to silence being modified by statute: see NSW Law Reform Commission,
The Right to Silence, Report 95 (2000) at 2.24.
102 For example, see Dr Jeremy Gans, “Submission to the Independent Review of Part 1D (Forensic Procedures) of the Crimes Act 1914
(Cth), available at www.ag.gov.au accessed 3 February 2006. Although this submission discusses the Commonwealth legislation, it is
largely the same as the New South Wales Act.
103 The Act required the Attorney General to review its policy objectives: see Crimes (Forensic Procedures) Act 2000 s 122.
104 Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General (MCCOC), Model Forensic Procedures Bill
and the Proposed National DNA Database, May 1999, preface at 11.
105 The National Model Criminal Code Officers Committee, which consists of an officer from each Australian jurisdiction with expertise in
criminal law and criminal justice matters. The National Model Criminal Code Officers Committee (or MCCOC) is a sub-committee of the
Standing Committee of Attorneys-General.
106 Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General, Model Forensic Procedures Bill – DNA
Database Provisions – Explanatory Notes, February 2000.
107 Standing Committee on Law and Justice, Report No. 18: Review of the Crimes (Forensic Procedures) Act 2000, February 2002;
Australian Law Reform Commission and the National Health and Medical Research Council (ALRC/NHMRC), Discussion Paper 66:
Protection of Human Genetic Information, August 2002.
108 “WA, Qld pool DNA profiles”, Sydney Morning Herald, 22 June 2005.
109 NSW Ombudsman, The Forensic DNA sampling of Serious Indictable Offenders under Part 7 of the Crimes (Forensic Procedures) Act
2000, August 2004.
110 Although in South Australia the terms “intimate”, “intrusive” and “non-intrusive” are used: Criminal Law (Forensic Procedures) Act 1998
(SA) s 3.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000