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ISSUE NO. 14
September 2025
ISSUE NO. 14
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September 2025
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Legal Corner

DNA Testing in Queensland Under Review

By
Prisoners Legal Service

Willy Pleasance

In criminal law proceedings throughout Australia, DNA evidence can sometimes be relied on to make a case against a defendant. DNA evidence is generally obtained by collecting samples of bodily fluids and tissues. These samples are then tested to assess if a person has matching DNA.

In Queensland, there have been concerns raised about the way DNA evidence is processed and examined in forensic laboratories.

In response to these concerns, the Queensland Government requested an independent review of Forensic Services Queensland (FSQ). FSQ is the provider of DNA testing services for police investigations and legal proceedings within the Queensland justice system.

On 4 August 2025, a report about the outcomes of the review was provided to the Queensland Government.

Report findings and recommendations

During the review of FSQ, several issues were identified in relation to their DNA testing procedures. These included case backlogs, long turnaround times, quality of DNA samples, gaps in scientific knowledge and a lack of workplace communication.

The main area of concern was backlogs and delays in testing. For example, it was found that, because of the backlogs and issues with testing procedures, cases in the Magistrates Court which rely on DNA evidence were being delayed by up to 3 years.

The report made recommendations about how the issues with DNA testing in Queensland could be resolved and suggested three main strategies:

  1. appointing an independent adviser with a scientific background to oversee the work of FSQ
  2. encouraging the staff at FSQ to work together to address the delays
  3. pausing the operations of FSQ for 2–4 weeks to address the backlog, retrain staff and implement measures to limit any future issues with testing.

The report noted there had already been several positive changes made by FSQ.

Impacts of the report

In response to the report, the Queensland Government announced the formation of a new expert team to address the issues with DNA testing in Queensland. The government has advised that it will assess the recommendations of the report over the coming months.  

In criminal law proceedings throughout Australia, DNA evidence can sometimes be relied on to make a case against a defendant. DNA evidence is generally obtained by collecting samples of bodily fluids and tissues. These samples are then tested to assess if a person has matching DNA.

In Queensland, there have been concerns raised about the way DNA evidence is processed and examined in forensic laboratories.

In response to these concerns, the Queensland Government requested an independent review of Forensic Services Queensland (FSQ). FSQ is the provider of DNA testing services for police investigations and legal proceedings within the Queensland justice system.

On 4 August 2025, a report about the outcomes of the review was provided to the Queensland Government.

Report findings and recommendations

During the review of FSQ, several issues were identified in relation to their DNA testing procedures. These included case backlogs, long turnaround times, quality of DNA samples, gaps in scientific knowledge and a lack of workplace communication.

The main area of concern was backlogs and delays in testing. For example, it was found that, because of the backlogs and issues with testing procedures, cases in the Magistrates Court which rely on DNA evidence were being delayed by up to 3 years.

The report made recommendations about how the issues with DNA testing in Queensland could be resolved and suggested three main strategies:

  1. appointing an independent adviser with a scientific background to oversee the work of FSQ
  2. encouraging the staff at FSQ to work together to address the delays
  3. pausing the operations of FSQ for 2–4 weeks to address the backlog, retrain staff and implement measures to limit any future issues with testing.

The report noted there had already been several positive changes made by FSQ.

Impacts of the report

In response to the report, the Queensland Government announced the formation of a new expert team to address the issues with DNA testing in Queensland. The government has advised that it will assess the recommendations of the report over the coming months.  

Confusing Decision Made About You? Maybe FOI Can Help

Confusing Decision Made About You? Maybe FOI Can Help

Confusing Decision Made About You? Maybe FOI Can Help

By Dan Vansetten
By Dan Vansetten

The concern for those who are subjected to government decisions is that they often do not get to see the integrity of the information which was considered by the decision-maker and don’t get to check if it’s correct.

Legal Corner

ISSUE NO. 20

3 MIN READ

Whistleblowing Laws: Protecting Those Who Speak Out

Whistleblowing Laws: Protecting Those Who Speak Out

Whistleblowing Laws: Protecting Those Who Speak Out

By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender
By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender

Wrongdoing thrives in the darkness. Too often, it is only because of brave people who speak out that the public learns what is happening in the shadows.

Legal Corner

ISSUE NO. 16

3 MIN READ

Freedom of Information (Part Two): Review Options

Freedom of Information (Part Two): Review Options

Freedom of Information (Part Two): Review Options

By Daniel Vansetten
By Daniel Vansetten

This is the second part of a two-part series on Freedom of Information (or Right to Information) laws. This part discusses ‘review processes’ – that is, what can be done if you are unhappy with the FOI decision, particularly if you were refused information and you think this was incorrect.

Legal Corner

ISSUE NO. 5

10 MIN READ

Common Human Rights Issues in Prison

Common Human Rights Issues in Prison

Common Human Rights Issues in Prison

By Prisoners’ Legal Service (Queensland)
By Prisoners’ Legal Service (Queensland)

This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.

Legal Corner

ISSUE NO. 8

6 MIN READ

Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?

By Prisoners' Legal Service Queensland

There is a lot of talk about human rights in prison – with things like ‘the Mandela Rules’, ‘the principle of equivalence’, and access to health care without discrimination.

Legal Corner

ISSUE NO. 21

2 MIN READ

Self-Advocacy from Prison: Procedural Fairness

By Dan Vansetten

Procedural fairness, often called “natural justice”, is a collection of rights, established under common law in Australia around the 1980s.

Legal Corner

ISSUE NO. 21

2 MIN READ

What Happens to Your Debts While You’re Inside?

By Prisoner Legal Service Queensland

Generally, debts can be put into two categories. First, there are private debts (e.g. from a bank, a landlord, a car dealer, or ‘Afterpay’). Second, there are debts owed to the State (e.g. unpaid fines).

Legal Corner

ISSUE NO. 20

2 MIN READ

Confusing Decision Made About You? Maybe FOI Can Help

By Dan Vansetten

The concern for those who are subjected to government decisions is that they often do not get to see the integrity of the information which was considered by the decision-maker and don’t get to check if it’s correct.

Legal Corner

ISSUE NO. 20

3 MIN READ