Other Australian jurisdictions

39.41 The Commonwealth, New South Wales and the Australian Capital Territory closely follow the Model Bill, with variations.[45] Tasmania, Victoria and South Australia have followed the Model Bill in some respects, with more variations.[46] In 2002, Victoria and South Australia amended their legislation to bring their laws into closer conformity with the Model Bill (however some fairly significant variations remain);[47] and Western Australia implemented legislation that conforms in some respects with the Model Bill.[48] Queensland and the Northern Territory have not followed the Model Bill at all.[49] However, Queensland has indicated a willingness to amend its legislation to facilitate participation in the NCIDD system.[50]

[45] Crimes Act 1914 (Cth) Pt 1D; Crimes (Forensic Procedures) Act 2000 (NSW); Crimes (Forensic Procedures) Act 2000 (ACT).

[46] Forensic Procedures Act 2000 (Tas); Crimes Act 1958 (Vic); Criminal Law (Forensic Procedures) Act 1998 (SA).

[47] See Crimes (DNA Database) Act 2002 (Vic); Criminal Law (Forensic Procedures) (Miscellaneous) Amendment Act 2002 (SA).

[48] Criminal Investigation (Identifying People) Act 2002 (WA).

[49] Police Powers and Responsibilities Act 2000 (Qld); Police Administration Act 1978 (NT); Juvenile Justice Act 1983 (NT); Prisons (Correctional Services) Act 1980 (NT). For a summary of the various jurisdictions’ legislation, 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 [2.64]–[2.75]. See also I Freckelton, DNA Profiling: Collection, Use and Effectiveness — An Issues Paper (2002), Victorian Parliament.

[50] Queensland Government, Submission G274, 18 December 2002.