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Prison Newspaper

Australia's National
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.

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

Bail: Common Questions

Bail: Common Questions

Bail: Common Questions

By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)
By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)

Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail.

Legal Corner

ISSUE NO. 3

15 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

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Silence May Be Golden, but Is It a ‘Right’?

By Daniel Vansetten

In law, silence is considered a fundamental right that provides fairness in criminal proceedings.

Legal Corner

ISSUE NO. 9

5 MIN READ

Common Human Rights Issues in Prison

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

Legal Q&A – No Body, No Parole

By About Time

I wonder if you could explain the new "No Body No Parole" law in New South Wales, where now people charged with murder or manslaughter need letters from the head of police?

Legal Corner

ISSUE NO. 8

3 MIN READ

The Federal Election: Voting and More

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.

Legal Corner

ISSUE NO. 8

9 MIN READ

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