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 support Queensland's criminal justice system. It implements the key recommendation of the Commission of Inquiry into Forensic DNA Testing, which found serious failings in how DNA evidence was tested and managed. Queensland becomes the first Australian state with dedicated legislation governing forensic science services.
Who it affects
Anyone involved in the criminal justice system benefits from more reliable forensic evidence. Victims of crime gain a voice through mandatory representation on the Advisory Council, and forensic science staff get a clear statutory framework with protected employment conditions.
Key changes
- Creates the Director of Forensic Science Queensland as an independent statutory role, appointed for up to five years with strict eligibility requirements including 10 years of forensic experience
- Establishes an 11-member Advisory Council with mandated representation from police, prosecutors, Legal Aid, victims of crime advocates, and independent forensic and legal experts
- Guarantees the Director's independence from ministerial direction when performing forensic functions
- Sets a maximum penalty of 200 penalty units for unauthorised disclosure of confidential forensic information
- Transfers forensic science staff from Queensland Health to the Department of Justice and Attorney-General with all existing employment conditions preserved
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee29 Nov 2023View Hansard
Referred to Health and Environment Committee
The Community Safety and Legal Affairs Committee examined the Forensic Science Queensland Bill 2023 over approximately three months, receiving written submissions and holding a public hearing with stakeholders and a departmental briefing. The committee recommended the bill be passed, finding it gave sufficient regard to the rights and liberties of individuals and was compatible with human rights. Key issues examined included the composition of the Advisory Council, the appointment requirements for the Director of Forensic Science Queensland, and consistency with recommendation 121 of the Sofronoff Commission of Inquiry into Forensic DNA Testing. Opposition committee members filed a Statement of Reservation raising concerns about transparency on forensic re-testing and the government's deviation from the Commission of Inquiry's recommended Advisory Board structure.
Key findings (5)
- The bill implements recommendation 121 of the Sofronoff Commission of Inquiry into Forensic DNA Testing in Queensland, establishing a statutory framework for forensic services that is the first of its kind in any Australian jurisdiction.
- Stakeholders were generally supportive of the bill but raised concerns about the composition of the Advisory Council, particularly the absence of a dedicated position for a clinical forensic medicine examiner and the deviation from the Sofronoff Report's recommended non-executive advisory board structure.
- The committee was satisfied that the bill's limitations on human rights, including privacy restrictions through confidentiality provisions and criminal history screening for the Director, were reasonable and justifiable.
- Several stakeholders noted the bill does not provide for a dedicated research and development unit as recommended by the Sofronoff Report, though the department indicated this could be addressed administratively.
- Opposition members raised concerns about the government's reluctance to disclose the number of cases requiring forensic re-testing and the potential long-term ramifications of the forensic laboratory failures.
Recommendations (1)
- The committee recommends the Forensic Science Queensland Bill 2023 be passed.
Committee report tabled
▸Second Reading7 Mar 2024View Hansard
▸18 members spoke11 support7 mixed
As committee chair, outlined the bill's purpose to implement recommendation 121 of the Commission of Inquiry into Forensic DNA Testing and endorsed the new statutory framework for forensic services.
“I am proud to be part of a government dedicated to bringing justice to victims of crime by ensuring that Queensland's forensic services are of a world-class standard and conducted in consultation with forensic, legal, health, police and victim support professionals and in accordance with the latest scientific research and evidence.”— 2024-03-19View Hansard
As Minister for Health, moved the second reading and defended the bill as a major step in implementing recommendation 121 of the 2022 Commission of Inquiry into forensic DNA testing, rebuilding public confidence in forensic services.
“Reliable and timely forensic evidence is crucial in the administration of justice. It is often this evidence that is the determining factor in whether a perpetrator is brought to justice.”— 2024-03-07View Hansard
Supported the bill while criticising the government for the systemic failures at the forensic science lab that necessitated it, noting 37,000 cases potentially require retesting.
“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 was highly critical of the government's failures that necessitated it, noting the government was dragged 'kicking and screaming' into a commission of inquiry and that victims of crime have been left as collateral damage.
“Every victim of crime and every family who stands behind them deserves justice, and that is why the opposition will not oppose the passage of this legislation.”— 2024-03-07View Hansard
Endorsed the bill as a direct and effective response to identified systemic difficulties, noting Queensland would be the first jurisdiction to legislate protections for its forensic services delivery model.
“Queensland Health notes that if the bill is passed Queensland will be the first jurisdiction in Australia that establishes, promotes and protects key elements of its forensic services delivery model through legislation.”— 2024-03-19View Hansard
Strongly criticised the government for the DNA lab failures and delays in acting, while supporting the bill's objectives. Raised concerns that the bill transfers oversight to the same minister who oversaw the failures.
“The Forensic Science Queensland Bill is designed to cover up this government's failures in the DNA lab—failures which have rendered an unknown tally of victims of crime, failures which have rendered them and their families without justice and treated them as collateral damage.”— 2024-03-19View Hansard
Emphasised the importance of public confidence in forensic services and acknowledged failings in the lab while supporting the bill as nation-leading reform.
“Through this bill we are taking that reform even further by ensuring that Queensland's forensic health and justice response is one that upholds justice and, importantly, meets community expectations.”— 2024-03-19View Hansard
Supported the bill but heavily criticised the government for not implementing Sofronoff's recommendations fully, particularly regarding the advisory panel composition, and argued the government's cultural problems remain unfixed.
“We support this bill and we hope that it fixes all the issues that have been identified.”— 2024-03-19View Hansard
Praised the bill as groundbreaking and nation-leading legislation that will ensure perpetrators of violent crime are held accountable and forensic evidence is processed professionally.
“The proposed changes in this bill are truly groundbreaking. If the bill is passed, Queensland will be the first jurisdiction in Australia that establishes, promotes and protects key elements of its forensic services delivery model through legislation.”— 2024-03-19View Hansard
Acknowledged the need for the bill but raised concerns about the absence of clinical forensic medical examiners from the advisory council and the need for stronger safeguards around automated DNA technology.
“We need the government to put transparent rules and regulations in place. Right now there are none. There are no rules and regulations around what we are doing, and I think that is a disgrace.”— 2024-03-19View Hansard
Supported the bill as essential to restoring public confidence in forensic services and ensuring victims and families can rely on high-quality, reliable forensic testing.
“With this bill, Queenslanders can rest assured that the Miles government is committed to improving the standards of Queensland's DNA laboratory, ensuring the laboratory fulfils its obligations and restores public confidence in its operations.”— 2024-03-19View Hansard
Expressed deep concern about the government's ability to implement recommendations, while acknowledging the bill's necessity. Praised Vicki Blackburn and Dr Kirsty Wright and shared stories of victims affected by the lab failures.
“I have very little confidence that this government can oversee all of these recommendations put into place to bring back any kind of sense to the forensic lab.”— 2024-03-19View Hansard
Supported the bill as implementing recommendation 121 to create an independent forensic science institute, emphasising the importance of confidence in the system for victims, police, and prosecutors.
“This goes a long way to providing that faith and that core element in the system.”— 2024-03-19View Hansard
Supported the bill while arguing it vindicated the opposition's longstanding concerns about the forensic lab, which the government had dismissed as political scaremongering.
“This forensic science bill is a classic example of the opposition having raised issues for some time. We heard contributions from others that these issues were raised and then dismissed by the government as political opportunism, yet significant inquiries have shown that there were issues that needed to be dealt with.”— 2024-03-19View Hansard
Supported the bill as implementing recommendation 121 of the Commission of Inquiry, establishing an independent forensic office similar to the Office of the Director of Public Prosecutions.
“This bill must be passed to ensure no more Queenslanders suffer from compromised forensic science.”— 2024-03-19View Hansard
Supported the bill's objectives but heavily criticised the government for initially dismissing concerns about the forensic lab and for a lack of transparency throughout the process.
“Queenslanders deserve nothing less than full transparency and accountability from the Palaszczuk-Miles state Labor government. Not surprisingly, such transparency and accountability has not been forthcoming from the Labor government.”— 2024-03-19View Hansard
Strongly criticised the government for the forensic lab failures and for dismissing opposition concerns as political scaremongering, while supporting the bill as necessary to fix a massive miscarriage of justice.
“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
As minister, defended the bill in reply, noting 103 of 123 recommendations have been implemented or partially implemented and providing updates on historical case reviews. Committed to an international recruitment campaign for the director role.
“The Miles government is committed to long-term reform to ensure that the failings uncovered by the commissions of inquiry never happen again.”— 2024-03-19View Hansard
Referenced Entities
Legislation
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards