Institutional Burials Act 2022

Review of operation of Identification Programme

47. (1) A Director may, from time to time on his or her own volition or at the request of a relevant Minister, review the ongoing operation of an Identification Programme and, having consulted the Advisory Board, may decide that that part of the Programme referred to in subparagraphs (ii) and (iii) of section 46 (2)(c) should cease, having regard to any or all of the following matters:

(a) the DNA profiles generated by forensic testing of samples from human remains are not of a sufficient standard to enable DNA profile comparison;

(b) having regard to paragraph (a), the continued forensic testing of samples from human remains has a disproportionate impact on those remains;

(c) the number of relevant persons who are participating in the Programme;

(d) the scientific limitations on forensic testing and DNA profile comparison depending on the genetic relationship between relevant persons and human remains recovered.

(2) A Director shall, without undue delay, notify the relevant Minister and the Director of FSI in writing where the Director makes a decision under subsection (1).

(3) A Director shall, within one week of notifying the relevant Minister under subsection (2), publish that decision and the reasons for it on a website maintained by the Government, the relevant Minister or the Director.