Criminal Investigation (Identifying People) Act 2002 Statutory Review

The Criminal Investigation (Identifying People) Act (“the Act”) has been in operation since 2002. The Act may be viewed on-line at:
http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_226_homepage.html.

The Act provides that its operation and effectiveness must now be reviewed. The responsible minister, John Kobelke, Minister for Police and Emergency Services, has decided that the review should be by an independent body, rather than by a government department or by any agency such as the Police Service. He has appointed a five member Reference Group to do this, and to report to him.

The Members of the Reference Group are:

Hon Robert Anderson QC, Chair
Associate Professor Judith Fordham, Law Society of WA
Dr Frank Morgan, Director, Crime Research Centre, University of WA
David Taylor, General Manager, Infrastructure and Special Services, PathWest Laboratory Medicine WA, and
Stephen Brown APM, Acting Assistant Commissioner Traffic and Operations, Western Australia Police.

The terms of reference for the review are:

" To review the operation and effectiveness of the Criminal Investigation (Identifying People) Act 2002 (“the Act”) and the Criminal Investigation (Identifying People) Regulations 2002 (“the Regulations”) by:

(a) Consulting with the public on the review of the Act and Regulations by conducting research, inviting submissions and holding public forums in regard to the following matters as they relate to the Act and Regulations:

intrastate, interstate and international issues, policy, legislation, industry developments and best practice applications relevant to identifying persons;

operational issues such as consent;

scientific and technical matters;

ethical matters such as the use of DNA data in the public and private sectors;

public safety and security matters such as the storage, retention and destruction of DNA and other identifying evidence; and

reciprocal information sharing arrangements both national and international.

(b) Reporting findings to the Minister for Police and Emergency Services by:

writing and submitting a report to the Minister for Police and Emergency Services on the findings and recommendations arising from the Reference Group’s Review of the Act and Regulations. ”

The Act is not exclusively concerned with DNA. Other “identifying particulars” which may be obtained for forensic purposes under this Act include finger prints, photographs, foot prints and ear prints.

Call for Public Submissions

The Reference Group now invites public submissions on any of the terms of reference set out above.

Submissions must be lodged with:

CI (IP) Act 2002 Statutory Review Reference Group
20th Floor, Governor Stirling Tower
197 St George’s Terrace
Perth 6000 WA

The revised closing date for submissions is Monday 30 June 2008.

Electronic submissions and enquiries should be directed to the executive officer for the Reference Group, Mr Tony Becker on 08 9222 9245, fax 08 9321 6003 or tbecker@dpc.wa.gov.au by Monday 30 June 2008.

Hon Robert Anderson QC
Chair of the Reference Group

28 April 2008