Forensic Science Queensland Bill 2023
Plain English Summary
Overview
This bill establishes Forensic Science Queensland as an independent statutory body responsible for providing forensic services to Queensland's criminal justice system. It responds to the 2022 Commission of Inquiry into Forensic DNA Testing, which found serious problems with DNA evidence handling and made 123 recommendations. Queensland becomes the first Australian state to have dedicated legislation governing forensic science services.
Who it affects
This primarily affects people involved in criminal proceedings, including victims of crime who rely on forensic evidence. It also affects forensic science staff who will transfer from Queensland Health to a new independent office, and justice system bodies including police, prosecutors and coroners who use forensic services.
Key changes
- Creates an independent Director of Forensic Science Queensland who must have at least 10 years of forensic experience and is not subject to ministerial direction
- Establishes the Office of Forensic Science Queensland within the Department of Justice and Attorney-General, moving forensic services out of Queensland Health
- Sets up an Advisory Council of up to 11 members including representatives from police, prosecutors, Legal Aid, victims of crime advocates, and external forensic and legal experts
- Makes it an offence to disclose confidential forensic information without authorisation, with a maximum penalty of 200 penalty units
- Transfers existing forensic staff from Queensland Health with their employment conditions preserved, backed by more than $170 million in government funding
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee29 Nov 2023 – 19 Mar 2024View Hansard
Referred to Health and Environment Committee
▸Second Reading7 Mar 2024 – 19 Mar 2024View Hansard
▸17 members spoke16 support1 mixed
As committee member, supported the bill establishing Forensic Science Queensland as an independent statutory body, acknowledging the advocacy of Vicki Blackburn and Dr Kirsty Wright in uncovering forensic laboratory failures.
“The purpose of the bill is to ensure high-quality, reliable, independent and impartial forensic services for the administration of criminal justice in Queensland.”— 2024-03-19View Hansard
Moved the second reading and defended the bill as a major step in implementing the 2022 Commission of Inquiry recommendations into forensic DNA testing, establishing Forensic Science Queensland within the Department of Justice and Attorney-General.
“The bill is another major step in implementing the inquiry's recommendations and rebuilding Queensland's forensic services system.”— 2024-03-07View Hansard
Supported the bill but heavily criticised the government for the forensic laboratory failures that necessitated it, noting the unknown number of criminals walking free due to systemic DNA testing failures.
“One could ask: how many criminals—rapists, murderers—are walking free due to the systemic failures at a facility that we all place the highest levels of trust in?”— 2024-03-19View Hansard
Stated the opposition will not oppose the bill but heavily criticised the government for being slow to act on forensic DNA failures, noting the government had resisted calls for a commission of inquiry and that the bill was wholly reactionary rather than proactive.
“The only people left who did not think there was a problem at the DNA lab are the same people now asking Queenslanders to trust them to fix the mess they pretended was never there.”— 2024-03-07View Hansard
As committee member, supported the bill and its single recommendation that the bill be passed, noting it would help ensure systemic failures in forensic services never occur again.
“The bill will help ensure the systemic failures never occur again. Victim-survivors should not be confronted with the trauma of seeing their rapist or attacker walk free due to bureaucratic mismanagement and technical incompetence.”— 2024-03-19View Hansard
Supported the bill but strongly criticised the government's handling of the forensic lab crisis, noting 103,000 samples and 37,000 cases required retesting due to systemic failures under Labor's watch.
“We are here today debating a bill that cleans up a mess caused by complete incompetence and lack of oversight.”— 2024-03-19View Hansard
Supported the bill, emphasising the importance of public confidence in forensic services for victims and the broader criminal justice system.
“Public confidence matters. It matters for the victims, it matters for the investigators, it matters for the prosecutors and it matters for members of the public.”— 2024-03-19View Hansard
Supported the bill while criticising the government for the systemic failures in the forensic lab that failed victims like Shandee Blackburn.
“The bigger tragedy in the context of this bill is the system that failed Shandee, her family and the community.”— 2024-03-19View Hansard
Supported the bill, noting it would ensure perpetrators of violent crime are held accountable and strengthen the forensic services system for victim-survivors.
“This government stands with victim-survivors. The steps that we are taking to strengthen our laws are about transferring power back to victim-survivors.”— 2024-03-19View Hansard
Supported the bill's objectives of restoring public confidence in forensic services following the commission of inquiry findings, acknowledging the work of Dr Kirsty Wright and journalist Hedley Thomas.
“The inquiry, headed by Walter Sofronoff KC, revealed that lab managers were focused on speed and 'efficiency gains' rather than accuracy.”— 2024-03-19View Hansard
Supported the bill as necessary to restore public confidence in Queensland's forensic services and criminal justice system following the Shandee Blackburn case.
“I am pleased to speak in support of the bill before us today because it will restore public confidence in Queensland's forensic services and our criminal justice system.”— 2024-03-19View Hansard
Supported the bill while strongly criticising the forensic lab failures as one of the biggest malpractices overseen by a state government, acknowledging the advocacy of Vicki Blackburn and Dr Kirsty Wright.
“The maladministration that was brought about by the culture and the cover-up of the forensic lab will forever be regarded as one of the biggest malpractices ever overseen by a state Labor government.”— 2024-03-19View Hansard
Supported the bill implementing recommendation 121 of the Commission of Inquiry, creating an independent forensic science office similar to the Director of Public Prosecutions.
“This bill implements recommendation 121, which is that the Queensland government pass legislation that creates a forensic science institute.”— 2024-03-19View Hansard
Supported the bill but defended the opposition's role in raising forensic lab issues, arguing it was holding the government to account rather than politicising the matter.
“That shows it is not about politicising—just as the issues that were decided on the weekend were not about politicising issues but those in the opposition standing up on behalf of Queenslanders.”— 2024-03-19View Hansard
Supported the bill establishing an independent forensic science office to ensure the mishandling of DNA lab samples is never repeated.
“No more Queenslanders should fall victim to the mishandling of DNA lab samples.”— 2024-03-19View Hansard
Supported the creation of a statutory framework for forensic services but criticised the government for the systemic mismanagement that made the reforms necessary.
“The hard truth for this state Labor government is that it has taken unimaginable pain and systemic mismanagement to expose the many failings within Queensland's forensic services system.”— 2024-03-19View Hansard
Supported the bill with a heavy heart, criticising the government for its failure to manage forensic services and for dismissing the opposition's earlier concerns as political scaremongering.
“We are only here debating this bill today because this Labor government—both the Palaszczuk government and now the Miles government—completely and utterly failed to manage forensic services in Queensland.”— 2024-03-19View Hansard