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Collection of forensic traces by the ADF during an order for Defence Force Assistance to the Civil Authority

The Australian Defence Force (ADF) can be called out to assist police during a domestic violence incident, including terrorism, hostage situation, widespread or significant violence. Pt IIIAAA of the Defence Act 1903 (Cth) governs the call out of Defence Force Assistance to the Civil Authority (colloquially referred to as DFACA). It provides the provisions for the ADF authorities to exercise certain powers, including the search and seizure of forensic trace, use of force and detention of persons. For the ADF to be called out under a DFACA order certain thresholds need to be met, such as domestic violence occurring or likely to occur and that consideration is given as to whether the ADF would be likely to ‘enhance’ the state or territory response. Collection of forensic traces by the ADF during a DFACA order needs to consider the broader Australian legislative framework (Commonwealth and State/ Territory legislation), enabling policy and forensic science standards. This paper discusses DFACA legislative provisions and the broader framework that needs to be considered to ensure that any forensic traces that are collected domestically by the ADF establishes and maintains chain of custody and preserves the prosecution option, if it results in a criminal proceeding

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