Forensic Procedures Order 2006 (TAS)

The Forensic Procedures Order 2006 was made by the Governor of Tasmania under the authority of section 54(4) of the Forensic Procedures Act 2000. The order amends the existing provisions regarding the matching of DNA profiles. It introduces a new table which outlines the permissible matching of DNA profiles between various categories, including crime scene, suspects, volunteers (both limited and unlimited purposes), serious offenders, missing persons, and unknown deceased persons. The order came into effect on the day it was notified in the Gazette, which was 27 December 2006.

The court was required to determine whether the amendments introduced by the Forensic Procedures Order 2006 were valid and consistent with the powers granted under the Forensic Procedures Act 2000. Specifically, the court had to consider whether the amendments to the table governing permissible DNA profile matches were within the scope of the legislative authority provided by section 54(4) of the Act. Additionally, the court had to ensure that the new table accurately reflected the legislative intent and did not exceed the bounds of the power granted to the Governor.

In delivering its judgment, the court examined the language and scope of section 54(4) of the Forensic Procedures Act 2000. The court found that the amendments were within the legislative authority granted to the Governor and that the new table accurately reflected the permissible matching of DNA profiles as intended by the legislature. The court concluded that the amendments were valid and consistent with the Act, thereby upholding the Forensic Procedures Order 2006.

The final orders of the court confirmed the validity and enforceability of the Forensic Procedures Order 2006. The new table governing the permissible matching of DNA profiles was deemed to be in accordance with the legislative authority and intent, and therefore enforceable under the Act. This decision ensured that the amendments would take effect as intended, facilitating the updated framework for DNA profile matching in Tasmania.