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- 18 September 2001
Police Service Amendment (Testing For Gunshot Residue) Bill
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About this Item
Speakers - Face Mr Jack
Business - Bill, First Reading, Second Reading
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Page: 16717
Bill introduced and read a first time.
Second Reading
Mr FACE (Charlestown—Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development), on behalf of Mr Whelan [7.40 p.m.]: I move:
That this bill be now read a second time.
The Police Service Amendment (Testing for Gunshot Residue) Bill inserts section 211AB into the Police Service Act 1990 to enable the continuation of the Police Service's current policy for testing police officers for gunshot residue following the discharge, or possible discharge, of a firearm by a police officer. The bill is fully supported by both the Police Service and Police Association of New South Wales. When a firearm is discharged it leaves traces of burnt and unburnt primer and propellant, known as gunshot residue. Gunshot residue testing confirms whether a particular officer did or did not discharge a firearm and can also provide evidence as to the circumstances of the discharge. It is current Police Service policy that when a police officer discharges a firearm, or may have discharged a firearm, all police officers who may have been at the scene are tested for gunshot residue.
However, there is no legislative basis for this arrangement. This bill provides legislative backing for the current policy. The need for specific legislative arrangements in this area arises from the introduction of the Crimes (Forensic Procedures) Act 2000. Gunshot residue testing involves a surface swab of a person's skin and is a forensic procedure within the meaning of the Crimes (Forensic Procedures) Act. This means, absent legislation, police officers will be required to be tested for gunshot residue as either a volunteer or suspect for the purposes of that Act. This is not desirable for the reasons I will outline shortly. The Crimes (Forensic Procedures) Act 2000 is intended to regulate only those forensic testing processes that are not regulated under other Acts. Section 14 (1) of that Act states that the Act is not intended to limit or exclude the operation of another New South Wales law relating to the carrying out of a forensic procedure or the taking of forensic samples.
The Police Service Act, at section 211A, provides for forensic drug and alcohol testing processes for police officers involved in police pursuits, firearm discharges and critical incidents. This bill is modelled on the relevant provisions of section 211A. If police are tested for gunshot residue under the Crimes (Forensic Procedures) Act they must be tested either as suspects or volunteers. The necessary procedures for gaining informed consent and testing under the Act may take additional time than is the case under the current service policy. The volunteer provisions of the Act were not designed to deal with gunshot residue testing of police officers. Rather, they were designed largely to regulate the testing of volunteers in mass screening situations such as that which took place in Wee Waa last year.
Gunshot residue is one of the most fragile forms of evidence and testing needs to take place as soon as possible after the discharge of a firearm. The evidentiary value of gunshot residue will markedly diminish if collected more than two to four hours after discharge. The provisions of the Crimes (Forensic Procedures) Act as they stand would also enable police to refuse testing as volunteers. This might prevent their testing or give rise to them being tested under the suspect provisions of the Act. This is undesirable for both the Police Service and the affected officers—the stress of being treated as a suspect for what may be a completely appropriate use of a firearm will be traumatic for police officers who are already involved in a stressful situation.
The bill contains a regulation-making power, consistent with provisions of section 211A of the Police Service Act, to enable regulations to be made for the conduct of gunshot residue testing, the devices to be used in carrying out such tests, the procedure for the handling and analysis of test samples, the accreditation of persons conducting analyses of gunshot residue, offences relating to interference with testing or the test results, and the confidentiality of test results. It is in the interest of the Police Service, affected police officers, and the community generally, that information about police firearms discharges is obtained in a way that best presents the truth about the circumstances of the discharge, and that minimises the stress that may be associated with the testing process. This bill achieves those aims. I commend the bill to the House.
Debate adjourned on motion by Mr Fraser.
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