Analysis of forensic material
Limits on analysis41.97 Australian forensic laboratories currently analyse only the non-coding section of the DNA molecule for law enforcement purposes.[89] In his Second Reading Speech in relation to the Crimes Amendment (Forensic Procedure) Bill 2001 (Cth), the Commonwealth Attorney-General, the Hon Daryl Williams AM QC MP, commented on the limited information included in a DNA …
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Read moreSecurity of forensic material
Crimes Act provisions41.112 Part 1D of the Crimes Act defines ‘forensic material’ as samples; hand, finger, foot or toe prints; photographs or video recordings; or casts or impressions taken from or of a person’s body by a forensic procedure.[105] Part 1D regulates the collection and destruction of forensic material obtained through a forensic procedure—but there …
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Read moreLack of harmonisation
40.2 Every Australian jurisdiction has implemented forensic procedures legislation. As outlined in Chapter 39, some jurisdictions have followed the Model Forensic Procedures Bill 2000 (Model Bill)[1] closely; some have followed the Model Bill with significant variations, while others have not followed the Model Bill provisions at all.Legislative differences among jurisdictions40.3 Legislative variations among the jurisdictions …
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Read moreUse of genetic information
Forensic DNA analysis39.2 The forensic analysis of DNA usually involves comparisons between two bodily samples to determine the likelihood that they came from the same person. As discussed in Chapter 2, about 99.9% of the DNA molecule found within human cells is identical between any two persons. The remaining 0.1% is specific to the individual.[1]39.3 …
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Read moreEvaluating the regulatory framework
Issues and problems35.60 The Inquiry received many submissions expressing concerns about the regulation of parentage testing in Australia. These concerns related both to testing conducted under the family law scheme and to unregulated testing conducted by accredited and non-accredited laboratories. Arlette Mercae suggested:The availability of mail order paternity tests from unlicensed laboratories can only jeopardise …
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Read moreRequests for genetic information
31.38 Requests for, or requirements to produce, genetic information lie at the heart of concerns about genetic discrimination in employment. Such requests could include a request for information about family medical history, the results of a past genetic test or a request to undertake a new genetic test. Several submissions expressed the view that the …
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Read moreReview and appeal mechanisms
27.94 The Inquiry received a number of submissions expressing the view that the review and appeal mechanisms available to insurance applicants who received adverse decisions were inadequate.[63] At present, applicants are limited to seeking internal review by the insurer, lodging a complaint with IFSA in relation to an alleged breach of the Genetic Testing Policy …
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Read moreDisclosure of genetic information to genetic relatives
21.18 Many submissions identified disclosure of genetic information to genetic relatives as an important issue for the Inquiry. In what circumstances should a patient or his or her doctor inform other members of the family about genetic information relevant to the latter’s health or well-being? For example, it has been suggested that before patients are …
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Read moreIssues and problems
19.58 A number of ethical and privacy concerns are raised by aspects of the handling of genetic samples and information held in human tissue collections. The samples and information held in these collections have often been obtained for one purpose—such as pathology testing, newborn screening or other therapeutic use—and not explicitly for other, secondary purposes. …
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Read moreRegulation of human genetic research databases
18.25 The collection, storage, use and disclosure of genetic samples and information held in human genetic research databases are regulated by a mixture of legislation, guidelines and standards. These include:the legislative framework for the protection of information and health privacy based on the Privacy Act and similar state and territory legislation (see Chapters 7 and …
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