Development of the Model Bill

39.15 The Standing Committee of Attorneys-General established the Model Criminal Code Officers Committee (MCCOC) in 1990 to advise on the development of model criminal law for adoption on a national basis. MCCOC was requested to formulate a model forensic procedures bill. The first draft of the model bill was circulated for comment in 1994, redrafted in 1995 and 1999, and finalised in 2000.[15]

39.16 The final draft of the Model Forensic Procedures Bill 2000 (Model Bill) provided for: the power to request or require forensic procedures on suspects, convicted offenders and volunteers; a process for carrying out forensic procedures, including safeguards for those undergoing forensic procedures; rules in relation to evidence improperly obtained from forensic procedures; the regulation of DNA database systems; and a scheme for interstate jurisdiction.[16]

[15] Model Criminal Code Officers Committee, Final Draft: Model Forensic Procedures Bill and the Proposed National DNA Database (2000), Standing Committee of Attorneys-General, Canberra. See also the discussion in Legislative Council Standing Committee on Law and Justice, Review of the Crimes (Forensic Procedures) Act 2000, Report No 18 (2002), Parliament of NSW, Sydney [2.17]–[2.18].

[16] For a summary of the Model Bill provisions, see Legislative Council Standing Committee on Law and Justice, Review of the Crimes (Forensic Procedures) Act 2000, Report No 18 (2002), Parliament of NSW, Sydney [2.20]–[2.37].