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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.  

New Virtual Bail Courts in NSW

New Virtual Bail Courts in NSW

New Virtual Bail Courts in NSW

An explainer from the Aboriginal Legal Service (NSW/ACT) Limited
An explainer from the Aboriginal Legal Service (NSW/ACT) Limited

The way the NSW court system deals with bail hearings on weekdays has changed.

Legal Corner

ISSUE NO. 14

2 MIN READ

What Happens to Your Debts While You’re Inside?

What Happens to Your Debts While You’re Inside?

What Happens to Your Debts While You’re Inside?

By Prisoner Legal Service Queensland
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

Understanding Australia’s Legal System: How Legislation and Common Law Work Together

Understanding Australia’s Legal System: How Legislation and Common Law Work Together

Understanding Australia’s Legal System: How Legislation and Common Law Work Together

By Daniel Vansetten
By Daniel Vansetten

Australia has two sources of law: legislation and common law. Legislation is made by parliaments and is available in documents called acts. Common law is made by judges in court decisions and covers areas that have not been legislated.

Legal Corner

ISSUE NO. 11

4 MIN READ

Parole Conditions in Queensland

Parole Conditions in Queensland

Parole Conditions in Queensland

By Prisoners' Legal Service
By Prisoners' Legal Service

All parole orders must have conditions setting out what you are required to do and what you must not do while on parole.  

Legal Corner

ISSUE NO. 10

3 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

Practical Self-Advocacy Tips: Part 1 – Using Prison Policies

By Daniel Vansetten

One of the most important aspects of self-advocacy in prison is to understand the rights of prisoners and the limitations of power of prison authorities.

Legal Corner

ISSUE NO. 19

2 MIN READ

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

By Josephine Langbien

New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.

Legal Corner

ISSUE NO. 19

3 MIN READ