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

DAL be reviewed, and that consideration be given to a fee for service payment system and the devolution of the
Forensic Service Group budget to local area commands and crime agencies. 319 We understand that there has been
some discussion about developing a fee for service costing model, but this has been difficult due to a number of
factors, including how to charge for additional work, such as report writing and further analysis of complex samples,
and whether to charge a premium for urgent cases requiring immediate turnaround. We understand that DAL
continues to send NSW Police an invoice for forensic services each month, which is not based on the number of
samples processed.
DAL has reviewed the funding provided to other laboratories in Australia, and found that New South Wales spent
79c per resident on DNA analysis last year, which is less per capita than Victoria ($1.08), Queensland ($1.70), South
Australia ($3), Northern Territory ($3.65) or the United Kingdom ($8.75). In addition, New South Wales has a higher
crime rate than some of these jurisdictions.
4.3.4. Benchmarking
The Public Accounts Committee’s Inquiry into court waiting times recommended in 2002 that DAL review best practice
in other Australian states and territories (and overseas where relevant) both in terms of funding and laboratory
operation for all forms of criminal exhibit analysis undertaken. 320 As well as reviewing funding, we understand DAL
has also examined the output of other laboratories, their turnaround times, and the development of new technologies,
including robotics.
4.3.5. Difficulties at DAL
It is clear that DAL experiences significant difficulties in providing its DNA analysis services to NSW Police. DAL
receives more crime scene samples for analysis than it has the capacity to process, which results in a growing
backlog of unexamined crime scene samples. While DAL is generally able to meet urgent requests on an ad hoc
basis, it is unable to meet the turnaround times set out in the initial agreement between NSW Police and DAL. DAL
is also concerned about staff shortages, lack of space and ageing infrastructure at the laboratory. We found that
DAL has made great efforts to address the problems it faces, and where possible has implemented strategies to
improve its service delivery. However, it appears that DAL cannot significantly improve its DNA analysis service without
additional resources.
In September 2004, NSW Police set up a DNA Liaison Unit on the premises at DAL. The purpose of the unit was
twofold – first, to remove unnecessary casework from the system, by culling exhibits no longer requiring analysis; and
second, by screening casework coming in, to ensure that only suitable items were submitted. The Liaison Unit was
initially set up as a trial but NSW Police has recently advised that it has made an ongoing commitment with DAL to
continue to staff this unit. 321
As outlined above, the NSW Government announced in March 2005 that it would provide $26 million for a new police
forensic science centre, and 147 additional forensic officer positions, which means more forensic evidence will be
collected for use in the investigation and prosecution of crime. However, DAL will still conduct most of the DNA
analysis, and has not at this stage received any extra funding. NSW Police anticipates that DAL will benefit indirectly
from the new arrangement, as the proposed forensic science centre in NSW Police will assess all casework being
submitted to DAL for analysis and filter out any unnecessary work. It is not clear at this stage whether this will actually
reduce the amount of casework DAL ultimately has to examine.
The role of DAL and the difficulties outlined above are discussed in more detail in chapter 10 on DNA analysis and
permitted matching and chapter 14 on destruction of forensic material.
4.3.6. Other health professionals
Doctors, nurses, dentists and dental technicians may be asked to carry out certain types of forensic procedures, like
blood samples, genital swabs, pubic hair samples and dental impressions. However, there is no obligation on health
professionals to carry out forensic procedures. 322
Suspects are also entitled to have a medical practitioner or dentist of choice present while a forensic procedure of this
type is carried out. 323
We note that in 2000, NSW Health issued a circular outlining its position on the carrying out of forensic procedures.
It notes that medical staff are not required to carry out forensic procedures and that “NSW Health does not regard
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 53