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

Chapter 4. Implementation of the Act
This chapter describes the way the Act is implemented and the roles of each of the main stakeholders.
The Attorney General is the minister responsible for the Act, but its implementation is largely split between NSW Police
(investigation and sampling) and NSW Health (DNA analysis and database management). Experts who have specific
skills or training also play a small role.
4.1. NSW Police at a corporate level
NSW Police implements the Act at a corporate level by maintaining Standard Operating Procedures (SOPs), training
officers in forensic procedures, providing specialist forensic services and liaising with NSW Health.
4.1.1. The Forensic Services Group (FSG)
The NSW Police Forensic Services Group (FSG) provides specialist skills in the collection and preservation of physical
evidence from crime scenes, suspects, victims and witnesses. Several units within FSG are involved with forensic
procedures:
• The Forensic Procedures Implementation Team (FPIT) was created specifically to oversee the implementation
and operation of the Act. FPIT maintains a webpage on the police intranet with practical information about
forensic procedures, including answers to frequently asked questions and the forms police may need, such
as applications for court orders. The site is easy to navigate and has all the relevant NSW Police policies
and procedures in the one place. FPIT also runs a 24 hour hotline for officers seeking advice about forensic
procedures, and distributes information about cold links to relevant local area commands. It is also responsible
for notifying the laboratory when DNA profiles taken from suspects and volunteers are due for destruction.
FPIT will also oversee the transference of DNA profiles from the NSW database to CrimTrac, the National DNA
database, if it goes ahead.
• The Crime Scene Operations Branch is responsible for attending crime scenes to take photographs
and collect physical evidence, including fingerprints and biological samples, like blood stains.
• The Criminal Identification Specialist Branch deals with fingerprints taken as forensic procedures.
• The Disaster Victim Identification Unit obtains DNA samples taken from relatives to help identify
disaster victims.
The NSW Government announced in March 2005 that it will provide $26 million for forensic services equipment and
personnel. 264 This will be used to create 147 new forensic officer positions, in addition to the existing 345 scene
of crime officers. It will also be used to create a new forensic science centre, which will amalgamate a number of
existing forensic services within NSW Police into one central branch. It will examine, prioritise and analyse crime scene
exhibits. However, it will not conduct DNA analysis – this will still be done by DAL with some analysis work being
outsourced to a private laboratory.
4.1.2. Standard Operating Procedures (SOPs)
FPIT developed SOPs for police officers to use when conducting forensic procedures. There are 18 different SOPs,
depending on the type of procedure and the attributes and circumstances of the person being tested, such as
whether:
• the person is a suspect, volunteer or victim
• the person is an adult, child or incapable person
• the person is under arrest
• the person is Aboriginal or Torres Strait Islander
• the procedure is intimate or non-intimate, and
• the procedure is conducted by consent, court order or senior police officer order.
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000