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

The Audit Group has advised that it has recently revised the audit tool, and that the new tool, and the new forensic
procedures register, should make it easier for commands to comply with forensic procedure auditing requirements.
The proposed forensic procedures portfolio and designated officer could support this process by reviewing the
electronic recording of procedures on COPS and in custody management records.
4.3. NSW Health and the Division of Analytical Laboratories (DAL)
The Division of Analytical Laboratories (DAL) in Lidcombe is responsible for analysing DNA and maintaining the DNA
database.
DAL is part of NSW Health, and provides services to a number of government agencies, including NSW Police, the
Coroner, the Director of Public Prosecutions, Corrective Services and the Defence Force. DAL provides laboratory
services other than DNA analysis, such as toxicology and drug analysis. DAL also gives expert evidence in court
proceedings.
To gain an understanding of how the DNA analysis process works and the interaction between DAL and NSW Police,
we conducted an investigation into the services provided by DAL. The information obtained during our investigation is
used throughout this report.
4.3.1. Arrangements for the DNA analysis service
In December 2000, DAL and NSW Police entered a Deed of Agreement for the provision of DNA analysis services in
accordance with the Act. DAL agreed to carry out DNA testing, provide reports to NSW Police, give evidence in court
and create and maintain the DNA database system. The Deed of Agreement commenced on the day the Act came
into force, and expired at the end of 2003. The original Deed of Agreement has been extended as an interim measure,
while DAL and NSW Police discuss the terms of a new agreement.
DAL’s provision of DNA analysis services to NSW Police is oversighted by the DNA Advisory Committee, which has
representatives from DAL, NSW Police, Legal Aid, NSW Privacy, the Director of Public Prosecutions and the National
Institute of Forensic Science.
DAL currently uses the “Profiler Plus” system of DNA analysis. For a detailed explanation of this system, see R v
Gallagher [2001]. 313
4.3.2. Accreditation
DAL is reviewed every two years by the National Association of Testing Authorities (NATA), and was most recently
reaccredited in July 2004. NATA reported that the laboratory “demonstrated a good level of compliance with NATA’s
accreditation requirements,” and commented that DAL staff “demonstrated a good level of knowledge and sound
judgment in their areas of expertise.” 314 However, it also commented that DAL has a significant backlog, which “is
having an impact on staff morale,” and recommended “that a case be made to address the resource workload
imbalance that is apparent.” 315 NATA reviewed a number of areas, including DAL’s document control and internal
auditing, as well as technical requirements. It made some observations and recommendations, which DAL has
since addressed to NATA’s satisfaction. 316 DAL’s continued accreditation is also contingent on meeting NATA’s
research and development requirements. DAL has expressed concern that it does not receive funding for research
and development. DNA technology is changing rapidly, and new methods need to be tested before they can be
introduced at DAL.
Until recently, DAL was the only laboratory accredited to conduct DNA analysis for NSW Police. However, NSW Police
is currently conducting a three month trial (from May to August 2006) outsourcing some DNA analysis to a private
laboratory. 317
4.3.3. Costs of the DNA analysis service
The NSW Treasury provided the initial funding required to set up the DNA analysis service at DAL. Since then, DAL
has been funded in part by NSW Health (approximately $0.9m) and in part by NSW Police (approximately $4.1m). 318
NSW Police pays for the DNA analysis on a lump sum basis rather than fee for service model.
In 2002, the Public Accounts Committee’s inquiry into court waiting times recommended, as an immediate measure
to improve the effectiveness and efficiency of exhibit analysis, that the Deed of Agreement between NSW Police and
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NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000