Mr MELHAM (8:08 PM) —The terrible losses suffered by the families, friends and communities of the victims of the Bali bombings are compounded by the process of identifying the bodies. The harrowing images from Bali show just how difficult that process will be. Labor are committed to working with the government to find ways of speeding up that process. We are committed to helping families and friends in whatever way we can to come to terms with their loss, and that means allowing them to bring home the bodies, to bury their loved ones and to grieve. That is why we worked in a spirit of cooperation with the government when we were approached late last night by Senator Ellison's office about the Crimes Amendment Bill 2002 that is now before the House.

Australian officials are assisting with the identification of the victims of the bombing in Bali and with the investigation of the offences. This involves collecting and analysing forensic material. That material, in turn, provides DNA profiles that can be matched against other DNA profiles. The government advised us last night that the Australian Federal Police currently has the capacity to analyse 3,000 DNA samples a year. The problem is that the Bali investigation will probably require the analysis of at least 10,000 samples. We understand that the AFP does not have the capacity to do all the DNA sampling, analysis and profiling of relatives, missing persons and deceased persons without assistance from the states and territories. To assist in this process, some state police forces have already started taking and analysing samples. However, under current legislative arrangements, samples cannot be matched until enabling legislation has been passed. Labor share the government's concerns to remove any delays in the identification and release of remains to families, and that is exactly what this bill aims to do.

It is also necessary to clarify the disclosure provisions around the information that is gathered from DNA samples collected in Bali. In essence, then, this bill is about removing some obstacles that currently prevent DNA information from being entered into a newly created disaster victim database. That new database has been created alongside the national CrimTrac criminal DNA database, but it is an entirely separate database. We have been given absolute assurances by the government that the two will be quarantined from each other and that there will be no sharing of information between them.

The amendments in this bill are designed to override state and territory legislation, which requires ministerial arrangements to be in place. They will have immediate operation only in relation to the Bali bombing. The legislation applies only to terrorist incidents overseas. It will act retrospectively to the date of the Bali bombing. The government has included in the proposed legislation some provisions that will allow it to use DNA from Bali in any criminal investigation aimed at finding the people responsible for the bombing. The opposition believes that the inclusion of those clauses in this bill is appropriate. In the event of a similar incident overseas—and I sincerely hope that we will never face such horror again—it is proposed that the legislation may apply in future cases where the minister issues a determination.

However, there are some concerns. I mentioned earlier that Labor supports any moves that will help families and friends come to terms with their loss and to bury their loved ones. The DNA database will help in identifying the bodies and in the difficult task of identifying body parts. But the whole issue of DNA records and the storage of that information is an important one for the community. The Australian Law Reform Commission and the Australian Health Ethics Committee recently warned that we need a tighter system to control the collection and use of DNA records. On August 28, these organisations put out a joint news release where they warned:

The President of the Law Reform Commission, Professor David Weisbrot, said that rapid advances in genetic science mean these issues now impact on every Australian. He said:

It is in the context of these broader concerns about DNA testing and privacy—and the fact that we are still finding our way on this issue—that Labor suggested to the government last night that the power of the minister to use these powers in future should be a disallowable instrument, which is an effective tool to allow parliament to make sure these powers are used properly. Labor also suggested that these new laws be reviewed in 12 months. The government has agreed to both these requests and they have been incorporated into the legislation before us.

I commend the government for the way that we did engage in that constructive dialogue and the way in which they picked it up. Too often we hear about areas where we disagree. Through the way in which this process was commenced by the office of the Minister for Justice and Customs and in which it progressed through contact with our office, we have ended up with what I think is appropriate legislation which gets the balance right. I do commend the government and the minister's office for it. I repeat: too often we do not hear the examples of where there is cooperation between both sides of the House. I think the legislation is better for the government having picked up those suggestions.

In a briefing today from the Attorney-General's Department, also in the justice minister's office, we were assured by the government that the existing privacy protections built into the national DNA database will also flow to the disaster victim database, and that is appropriate.

In closing, let me again extend my sympathies to the families and friends of those who died in Bali. I sincerely hope that this law will hasten the identification of bodies and allow those who have been left behind to grieve their terrible loss. I commend the bill to the House and ensure the government of the opposition's continued support for the speedy passage of this legislation through both houses of parliament.