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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.  

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

Legal Q&A: DSP After Prison

Legal Q&A: DSP After Prison

Legal Q&A: DSP After Prison

From Al
From Al

What is the legal sentence period after which an inmate must reapply for the DSP?

Legal Corner

ISSUE NO. 5

2 MIN READ

How to Prepare for Your Defence

How to Prepare for Your Defence

How to Prepare for Your Defence

This is from a booklet of legal information from an anonymous prisoner.
This is from a booklet of legal information from an anonymous prisoner.

The criminal justice system deals with proof, not truth. The police and Crown present allegations; the defence rebuts them; the jury decides whether the Crown has met the required standard of proof. “Truth” and “innocence” are not part of the legal equation.

Legal Corner

ISSUE NO. 18

4 MIN READ

Around the Country: Parole

Around the Country: Parole

Around the Country: Parole

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

Legal Corner

ISSUE NO. 6

10 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

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