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

conducting procedures would be more familiar with the equipment, processes and legislative requirements, and
this would in turn minimise mistakes due to inexperience or nerves. The Police Association of NSW indicated in its
submission that it would prefer forensic procedures to be conducted by a smaller group of specialists rather than by
all general duties police officers. 291
We understand that NSW Police may not support this proposal, although we have never been formally advised of this.
While no reasons have been provided, it appears that NSW Police prefers mass training and accreditation so that
rostering and staff movements do not have to take into account who is accredited in forensic procedures. While NSW
Police may not support the creation of specialist forensic procedures units across the board, it appears that this may
suit some commands. In any case, as we have already found, this is what tends to happen in practice.
4.2.6. Creating a specialist forensic procedures portfolio
Several commands we surveyed indicated they had assigned responsibility for forensic procedures to the station
manager, or some other person within the command. Others had gone further and created a specialist forensic
procedures position within their command management framework. One commander we interviewed who had done
this commented that “forensic procedures has basically become an industry of its own,” and saw the need for a
specialist position, like the youth liaison officer, domestic violence liaison officer and crime manager positions. 292
The introduction of a dedicated forensic procedures officer might also address many of the concerns identified during
our audits. These concerns include:
• consent issues – ensuring records of consent are centrally maintained within in the command and easily
accessible
• senior police officer orders – ensuring these are centrally recorded within the command and that the senior
officer is independent to the investigation
• court orders – establishing a record of court orders sought and granted within the command, especially those
relating to extension of the retention period for DNA profiles
• forensic procedures records – establishing systems within the command to record all types of forensic
procedures conducted, not just DNA procedures
• electronic recordings – maintaining the video recordings of forensic procedures, and
• accountable items – regularly auditing the accountable items relating to forensic procedures, such as the
sample kits, consent and exhibit books.
A dedicated forensic procedures officer could also be held accountable for maintaining good record keeping
systems, ensuring all forensic procedures equipment is operating correctly, reviewing videos to assess compliance
with the legislation and SOPs, identifying training needs in the command and auditing accountable items. He or she
could also manage the way forensic procedures are used in the command to see whether they are effective in the
investigation and prosecution of crime – something which we found does not generally occur.
Creating a forensic procedures portfolio would also give other stakeholders – including FPIT, FSG and DAL – a central
point of contact within each command, which they have indicated would be enormously helpful. 293 It would create
a forensic procedures network, which does not exist at the moment. Officers from all over the state contact FPIT if
they have problem, but there is no way FPIT can get in touch with commands easily. At the moment, FPIT is limited
to publishing information on the intranet or in the Police Weekly, but this largely relies on individual officers seeking
out the information. Having a designated forensic procedures officer in each command would ensure key information
about forensic procedures actually reaches its audience.
Having a designated forensic procedures officer in every command is a good initiative, and seems like it may be more
achievable than setting up specialist forensic procedures units.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 47