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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.  

This
article
was originally printed in the
September 2025
edition of About Time.

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

By Josephine Langbien
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

Explainer of Prison Offence Laws

Explainer of Prison Offence Laws

Explainer of Prison Offence Laws

By About Time
By About Time

There are major differences between how offences in prisons are dealt with around Australia. These offences typically range from minor ones, such as keeping an untidy cell, to more serious ones and others that can become criminal charges.

Legal Corner

ISSUE NO. 17

3 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

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

An Overview of the New Commonwealth Parole Laws

Prisoners’ Legal Service QLD

On 1 April 2026, the Australian Parliament passed new laws which will change the way Commonwealth parole works.

Legal Corner

ISSUE NO. 25

3 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