Forensic Procedures
In addition to its main task of developing the Model Criminal Code, SCAG asked the then Model Criminal Code Officers Committee to develop a Model Forensic Procedures Bill.
The then Model Criminal Code Officers Committee (MCCOC) circulated drafts of a Model Forensic Procedures Bill for public comment during 1994. MCCOC received over 60 detailed submissions from all parts of Australia. In July 1995, the majority of SCAG endorsed the Model Forensic Procedures Bill (1995 Model Bill) and forwarded a proposal that a legislative platform be established for a national DNA database for consideration by the Australasian Police Ministers Council (APMC).
At much the same time, the Easteal Committee, (which was chaired by Hon Mr Justice Phillips, Chief Justice of Victoria) had been established by APMC to look into the DNA database issue. The Easteal Committee recommended that the 1995 Model Bill be approved and their recommendations were subsequently endorsed by APMC.
The 1995 Model Bill included tentative preliminary provisions which would specifically authorise and recognise the establishment of a DNA database and allow the transfer of that information between jurisdictions in anticipation that one day law enforcement would have the technology to establish a national DNA law enforcement database. SCAG recognised those provisions to be of a preliminary nature and deferred consideration of the issue until the idea of a national DNA law enforcement database was closer to reality.
In May 1999, MCLOC released a discussion paper on proposed revisions to the 1995 Model Bill, including proposed national DNA database provisions. The revised Model Forensic Procedures Bill was released in 2000.
Discussion Paper - May 1999 – Model Forensic Procedures Bill 2000
Model Forensic Procedures Bill – Final Draft – February 2000
Model Forensic Procedures Bill 2000 – Model Bill Notes on the Final Draft – February 2000
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