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

that the audit focuses on DNA sampling. However, there would be some merit in assessing records and systems
relating to other types of forensic procedures as well.
Second, the audit does not appear to check the authority for conducting procedures. In our audit of local area
commands, we found it difficult locating consent forms, senior police officer orders and court orders. Those which
could be found were sometimes inaccurate. In our view, checking that procedures have been properly authorised
should be a crucial part of the audit process.
Third, we gained an enormous amount of information through watching videos of forensic procedures. We saw
whether the person undergoing the procedure had been provided with the right information, whether the person
was cautioned, whether the procedure itself was conducted properly and whether the testing officer was sufficiently
prepared. There would be considerable merit in the Audit Group watching the videos for the five procedures selected
for auditing. We found that forensic procedures took an average of 23 minutes, so we estimate this would take
approximately two hours. The length of time taken to conduct forensic procedures is discussed in section 8.3.2.
Recommendation 01
Audits of local area commands include a review of records and systems relating to other types of forensic
procedures, as well as DNA samples.
NSW Police supports this recommendation. It also advised that Organisational Review and Support Teams, which
perform functions previously performed by the Audit Group, currently audit fingerprint as well as DNA forensic
procedures. 269
Recommendation 02
For each of the procedures selected for auditing, the auditor reviews the authority for the procedure (consent
form, senior police order or court order) and watches the video of the procedure.
NSW Police does not agree that for each of the procedures selected for auditing, the auditor should watch the
video of the procedure. Rather, videos should be viewed according to the level of risk determined during the review.
According to NSW Police, mandatory viewing of forensic procedure videos “would have considerable resource
implications and risk assessment issues.” 270
While we recognise that watching videos requires some time, we found watching videos of forensic procedures
enormously beneficial for our review, especially for identifying good and poor practice, and urge NSW Police to give
this recommendation further consideration.
4.2. NSW Police at a local level
NSW Police implements the Act at a local level through its local area and specialist commands. We surveyed all 80
local area commands about how they use their powers under the Act, and any difficulties they have identified. We
also audited eight local area commands (four metropolitan and four regional) to see whether police at a local level are
complying with their legislative obligations.
We found that most of the forensic procedures we audited had been conducted in a professional and competent
manner. Some commands had developed good systems and processes and had clear strategies in place for the
management of forensic procedures. However, we did identify some areas of concern.
We set out our observations and preliminary recommendations in a Discussion Paper, which we provided to NSW
Police at a corporate level and to each of the local area commands we audited. We met representatives from FPIT,
FSG and the Audit Group to discuss our preliminary findings and recommendations.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 43