Reviewing the New South Wales DNA Review Panel: Considerations for Australia

Abstract

New South Wales currently offers the only legislative avenue for DNA innocence testing in Australia. In line with its sunset provision, it is now undergoing a statutory review to determine whether it will continue or cease to operate. This article considers the role of the DNA Review Panel within the context of correcting wrongful convictions in Australia and in light of international developments, and argues that it is the expansion, not the dismantling, of the New South Wales Panel that is required. Moreover, this article notes that in order to ensure compliance with obligations under the International Covenant on Civil and Political Rights, all Australian states and territories should act to create some new mechanism for wrongful conviction applicants. Recent developments in South Australia offer one option, while the creation of a Criminal Cases Review Commission would offer a more comprehensive way to identify and correct wrongful convictions.