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Prison Newspaper

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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

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This information was provided by Prisoners’ Legal Service, Queensland. It is information only and should not be relied on as legal advice.

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.  

PLS does not practise in criminal law. If you have questions or concerns about DNA evidence and/or how this review may impact your criminal law proceedings, you should talk to your criminal lawyer.

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By Fitzroy Legal Service, Prisoners Legal Service (NSW Legal Aid), Prisoners Legal Service (QLD) and About Time

Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole).

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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.

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6 MIN READ

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By About Time
By About Time

The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.

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