Inquiry’s views

46.35 The Inquiry is not aware of Australian civil proceedings in which parties have sought to introduce predictive health information into evidence. Several potential applications of genetic information in civil proceedings have been outlined above, in particular in relation to issues of causation and damages.

46.36 All of the submissions that addressed this issue supported the Inquiry’s reform proposal. The Inquiry accordingly recommends that the National Judicial College of Australia and the Law Council of Australia (through its constituent professional associations) should develop and promote continuing legal education programs for judges and legal practitioners, respectively, in relation to the use of genetic information in civil proceedings. These bodies should provide ongoing guidance regarding genetic technology, reliability of genetic testing, interpretation of genetic test results, and presentation of evidence in civil proceedings.

46.37 The Centre for Genetics Education suggested that the HGCA should also have a role in the provision of education to the legal profession. The Inquiry considers this a sensible suggestion. Once established, the HGCA could provide guidance to these nominated bodies, upon request, about the education and training of judges and legal practitioners regarding the use of genetic information in civil proceedings.