A convicted drug trafficker claims his human rights were breached when Victoria shared his DNA with Queensland crime authorities.
DNA evidence helped nail and jail Steve Marincic, who goes by various aliases, for drug offences in Queensland.
He says Victorian Attorney-General Jill Hennessy invaded his privacy by allowing his DNA profile from Victoria to be used by Queensland prosecutors and revelled "in her role as tormentor and gatekeeper of 'justice' in all its shallow waters".
Marincic is appealing in the Queensland Court of Criminal Appeal, arguing evidence of his DNA from Victoria was collected and shared with Queensland prosecutors without his consent.
He says it breached his human rights and he sought an order under the Equal Opportunity Act, alleging discrimination and victimisation.
Marincic has already aired his grievances in a variety of state and federal legal agencies, but went to the Victorian Civil and Administrative Tribunal in February.
His application was rejected, because the tribunal did not have jurisdiction to review the behaviour of the Attorney-General of Victoria in relation to a person's DNA profile.
He then sought a review of the rejection, but VCAT member Anita Smith dismissed his application.
She found the correct decision had been made, as VCAT has no jurisdiction over the sharing of DNA information between criminal justice agencies and his claim did not fall within the Equal Opportunity Act 2010.
Australian Associated Press