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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

Interstate Prison Transfers 101

Interstate Prison Transfers 101

Interstate Prison Transfers 101

By About Time
By About Time

People in prison can apply to transfer from a prison in one state or territory to another, generally for welfare reasons to be closer to family, community supports, or rehabilitation opportunities.

Legal Corner

ISSUE NO. 24

4 MIN READ

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

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

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

By Prisoners' Legal Service Queensland
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

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

By Daniel Vansetten
By Daniel Vansetten

This is the first of a two-part series on Freedom of Information (FOI), (also called Right to Information). In this part, we explain why FOI is important and how to lodge an application for information.

Legal Corner

ISSUE NO. 4

9 MIN READ

Interstate Prison Transfers 101

By About Time

People in prison can apply to transfer from a prison in one state or territory to another, generally for welfare reasons to be closer to family, community supports, or rehabilitation opportunities.

Legal Corner

ISSUE NO. 24

4 MIN READ

Inspectors’ Report!

By About Time

Inspectors and ombudsmen regularly go to prisons and publish reports on what they find and what they think needs to be improved. They also complete reports on issues such as access to healthcare or the use of segregation.

Legal Corner

ISSUE NO. 23

4 MIN READ

The Parole Patchwork: An Overview of Australia’s Parole Laws

By Human Rights Law Centre lawyer Monique Hurley, with assistance from Connor Shaw

In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.

Legal Corner

ISSUE NO. 23

4 MIN READ

Open Air in Prison: Your Rights Explained

By Human Rights Law Centre and Prisoners’ Legal Service

With people in prisons across the country being subjected to an “epidemic of prison lockdowns”, it is important to note that bare minimum safeguards exist in law, in most jurisdictions, that purport to guarantee at least some time ‘in the open air’ each day for people behind bars.

Legal Corner

ISSUE NO. 22

5 MIN READ