{"id":"nsw:act-1986-208","name":"Crown Prosecutors Act 1986","slug":"crown-prosecutors-act-1986","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"208 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107490,"registerId":"nsw-act-1986-208-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Crown Prosecutors Act 1986](/view/html/inforce/current/act-1986-208).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> > \n> > Director means the Director of Public Prosecutions.\n> > \n> > indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.\n> > \n> > offence means an offence against the laws of the State.\n> > \n> > part-time Crown Prosecutor means a Crown Prosecutor exercising his or her functions as a Crown Prosecutor on a part-time basis, as provided by an agreement referred to in section 4 (3A).\n> \n> > (2) In this Act:\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 3:** Am 1995 No 28, Sch 2; 2006 No 23, Sch 3 \\[1\\]; 2007 No 51, Sch 2 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Crown Prosecutors","content":"# Part 2 The Crown Prosecutors\n\nPart 2 The Crown Prosecutors","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Guidelines for appointments","content":"#### 3A Guidelines for appointments\n\n3A Guidelines for appointments\n\n> The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) to any office under this Act. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment.\n> \n> **s 3A:** Ins 2007 No 51, Sch 2 \\[2\\].","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Crown Prosecutors","content":"#### 4 Crown Prosecutors\n\n4 Crown Prosecutors\n\n> > (1) The Governor may appoint such number of Crown Prosecutors as the Governor thinks necessary.\n> \n> > (2) A person is not eligible to be appointed as a Crown Prosecutor unless the person is an Australian lawyer.\n> \n> > (2A) A Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. A Crown Prosecutor is eligible (if otherwise qualified) for reappointment.\n> \n> > (3) A Crown Prosecutor shall have and may exercise the functions conferred or imposed on Crown Prosecutors by or under this or any other Act.\n> \n> > (3A) A Crown Prosecutor may, by agreement in writing entered into with the Director of Public Prosecutions, exercise his or her functions as a Crown Prosecutor on a part-time basis.\n> \n> > (4) A Crown Prosecutor is responsible to the Director for the due exercise of the Crown Prosecutor’s functions.\n> \n> > (5) Schedule 1 has effect.\n> \n> **s 4:** Am 1995 No 28, Sch 2; 2006 No 23, Sch 3 \\[2\\]; 2007 No 51, Sch 2 \\[3\\] \\[4\\]; 2011 No 34, Sch 2 \\[1\\].","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Senior Crown Prosecutor","content":"#### 4A Senior Crown Prosecutor\n\n4A Senior Crown Prosecutor\n\n> > (1) The Governor may appoint a Senior Crown Prosecutor.\n> \n> > (2) A person is not eligible to be appointed as Senior Crown Prosecutor unless the person is an Australian lawyer.\n> \n> > (3) The Senior Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. The Senior Crown Prosecutor is eligible (if otherwise qualified) for reappointment.\n> \n> > (4) The Senior Crown Prosecutor has such functions in connection with the work of Crown Prosecutors as the Director determines.\n> \n> > (5) The Senior Crown Prosecutor also has all the functions of a Crown Prosecutor and is taken to be a Crown Prosecutor.\n> \n> > (6) The Senior Crown Prosecutor is responsible to the Director for the due exercise of the Senior Crown Prosecutor’s functions.\n> \n> **s 4A:** Ins 2007 No 51, Sch 2 \\[5\\]. Am 2011 No 34, Sch 2 \\[1\\].","sortOrder":7},{"sectionNumber":"4B","sectionType":"section","heading":"Deputy Senior Crown Prosecutor","content":"#### 4B Deputy Senior Crown Prosecutor\n\n4B Deputy Senior Crown Prosecutor\n\n> > (1) The Governor may appoint one or more Deputy Senior Crown Prosecutors.\n> \n> > (2) A person is not eligible to be appointed as Deputy Senior Crown Prosecutor unless the person is an Australian lawyer.\n> \n> > (3) A Deputy Senior Crown Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. A Deputy Senior Crown Prosecutor is eligible (if otherwise qualified) for reappointment.\n> \n> > (4) A Deputy Senior Crown Prosecutor has such functions in connection with the work of Crown Prosecutors as the Director determines.\n> \n> > (5) A Deputy Senior Crown Prosecutor also has all the functions of a Crown Prosecutor and is taken to be a Crown Prosecutor.\n> \n> > (6) A Deputy Senior Crown Prosecutor is responsible to the Senior Crown Prosecutor for the due exercise of the Deputy Senior Crown Prosecutor’s functions.\n> \n> **s 4B:** Ins 2007 No 51, Sch 2 \\[5\\]. Am 2011 No 34, Sch 2 \\[1\\].","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions","content":"# Part 3 Functions\n\nPart 3 Functions","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Functions","content":"#### 5 Functions\n\n5 Functions\n\n> > (1) The functions of a Crown Prosecutor are:\n> > \n> > > (a) to conduct, and appear as counsel in, proceedings on behalf of the Director,\n> > \n> > > (b) to find a bill of indictment in respect of an indictable offence, whether or not the person concerned has been committed for trial in respect of the offence,\n> > \n> > > (c) to advise the Attorney General or Director in respect of any matter referred for advice by either of them, and\n> > \n> > > (d) to carry out such other functions of counsel as the Attorney General or Director approves.\n> \n> > (2) Functions under subsection (1) (b) shall be exercised in the name and on behalf of the Director.\n> \n> > (3) A Crown Prosecutor does not have the function of determining that no bill of indictment be found or directing that no further proceedings be taken against a person.","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Disposition of work","content":"#### 6 Disposition of work\n\n6 Disposition of work\n\n> The Director may make arrangements or give directions for the disposition of the work of the Crown Prosecutors.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Offences under Commonwealth laws","content":"#### 7 Offences under Commonwealth laws\n\n7 Offences under Commonwealth laws\n\n> If a Crown Prosecutor, with the consent of the Attorney General, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth, the Crown Prosecutor may institute and conduct (in accordance with the terms of the appointment, commission or authority) prosecutions for such offences.","sortOrder":12},{"sectionNumber":"7A","sectionType":"section","heading":"Attorney General may arrange secondments","content":"#### 7A Attorney General may arrange secondments\n\n7A Attorney General may arrange secondments\n\n> The Attorney General may make arrangements with the Director for the secondment of Crown Prosecutors to act as Public Defenders or to assist in the conduct of inquiries or investigations under the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) or the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035) or other such inquiries or investigations.\n> \n> **s 7A:** Ins 1995 No 28, Sch 2.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":14},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Vacation of office","content":"#### 9 Vacation of office\n\n9 Vacation of office\n\n> > (1) A Crown Prosecutor vacates office if he or she:\n> > \n> > > (a) dies, or\n> > \n> > > (b) resigns the office by instrument in writing addressed to the Governor, or\n> > \n> > > (c) reaches the age of 72 years, or\n> > \n> > > (d) ceases to be an Australian lawyer, or\n> > \n> > > (e) is removed from office by the Governor under subsection (2), (3) or (4).\n> \n> > (2) A Crown Prosecutor who fails, without reasonable excuse, to comply with section 10 is to be removed from office by the Governor.\n> \n> > (3) The Governor may remove a Crown Prosecutor from office for incapacity, incompetence, misbehaviour or unsatisfactory performance.\n> \n> > (4) The Governor may also remove a Crown Prosecutor from office if the Crown Prosecutor:\n> > \n> > > (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or\n> > \n> > > (b) becomes a mentally incapacitated person, or\n> > \n> > > (c) absents himself or herself from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months, except on leave granted by the Attorney General or unless the absence is occasioned by illness or other unavoidable cause, or\n> > \n> > > (d) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or\n> > \n> > > (e) is convicted elsewhere than in New South Wales of an offence that if committed in New South Wales would be an offence so punishable.\n> \n> > (5) Anything done or purporting to have been done by a Crown Prosecutor after he or she reaches the age of 72 years is nevertheless as valid as if he or she had not reached that age.\n> \n> > (6) In this section, Crown Prosecutor includes the Senior Crown Prosecutor and a Deputy Senior Crown Prosecutor.\n> \n> **s 9:** Am 1990 No 99, Sch 4; 1995 No 28, Sch 2; 1999 No 94, Sch 4.100; 2007 No 51, Sch 2 \\[6\\]–\\[10\\]. Subst 2008 No 107, Sch 8 \\[1\\]. Am 2011 No 34, Sch 2 \\[1\\].","sortOrder":17},{"sectionNumber":"9A","sectionType":"section","heading":"Suspension from duty pending decision in relation to misconduct","content":"#### 9A Suspension from duty pending decision in relation to misconduct\n\n9A Suspension from duty pending decision in relation to misconduct\n\n> > (1) If of the opinion that there may be grounds for a Crown Prosecutor’s removal from office, the Director of Public Prosecutions may suspend the Crown Prosecutor from duty pending a decision being made as to whether or not he or she should be so removed.\n> \n> > (2) If the Director of Public Prosecutions so directs, any salary payable to the Crown Prosecutor in relation to the period during which he or she is under suspension is to be withheld.\n> \n> > (3) If the Crown Prosecutor is removed from office, any salary so withheld is forfeited to the State unless the Director of Public Prosecutions otherwise directs.\n> \n> > (4) A suspension imposed under this section may be removed by the Director of Public Prosecutions at any time.\n> \n> > (5) In this section, Crown Prosecutor includes the Senior Crown Prosecutor and a Deputy Senior Crown Prosecutor.\n> \n> **s 9A:** Ins 2008 No 107, Sch 8 \\[2\\].","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Other work","content":"#### 10 Other work\n\n10 Other work\n\n> > (1) The Senior Crown Prosecutor, a Deputy Senior Crown Prosecutor or a Crown Prosecutor shall not, without the consent of the Attorney General or the Director:\n> > \n> > > (a) engage in the practice of the law (whether within or outside New South Wales) outside the duties of his or her office, or\n> > \n> > > (b) engage in paid employment outside the duties of his or her office.\n> \n> > (2) The Senior Crown Prosecutor, a Deputy Senior Crown Prosecutor or a Crown Prosecutor shall not contravene or fail to comply with any conditions attached to any such consent.\n> \n> **s 10:** Am 2007 No 51, Sch 2 \\[11\\].","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Government Sector Employment Act 2013 not to apply","content":"#### 11 Government Sector Employment Act 2013 not to apply\n\n11 [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) not to apply\n\n> The offices of Senior Crown Prosecutor, Deputy Senior Crown Prosecutor and Crown Prosecutor are statutory offices and the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) (including Part 6) does not apply to those offices.\n> \n> **s 11:** Subst 2007 No 51, Sch 2 \\[12\\]; 2015 No 15, Sch 3.19 \\[1\\].","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Remuneration and leave","content":"#### 12 Remuneration and leave\n\n12 Remuneration and leave\n\n> > (1) The Senior Crown Prosecutor, a Deputy Senior Crown Prosecutor and a Crown Prosecutor are entitled to be paid:\n> > \n> > > (a) remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004), and\n> > \n> > > (b) such travelling and subsistence allowances as the Attorney General may from time to time determine.\n> \n> > (2) The leave that may be granted to the Senior Crown Prosecutor, a Deputy Senior Crown Prosecutor or a Crown Prosecutor is to be as the Attorney General may from time to time determine.\n> \n> **s 12:** Am 1987 No 48, Sch 30. Subst 2007 No 51, Sch 2 \\[12\\].","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Acting appointments","content":"#### 13 Acting appointments\n\n13 Acting appointments\n\n> > (1) The Attorney General may appoint a person who is eligible for appointment as such to act in the office of Senior Crown Prosecutor, Deputy Senior Crown Prosecutor or Crown Prosecutor.\n> \n> > (2) The Attorney General may:\n> > \n> > > (a) subject to this section, determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Senior Crown Prosecutor, Deputy Senior Crown Prosecutor or Crown Prosecutor, and\n> > \n> > > (b) terminate such an appointment at any time.\n> \n> > (3) A person may not act or be appointed to act under this section for a period of more than 12 months at a time.\n> \n> > (4) While a person is acting in the office of Senior Crown Prosecutor, Deputy Senior Crown Prosecutor or Crown Prosecutor, the person has and may exercise all the functions of that office and is taken to be the holder of that office.\n> \n> > (5) A person may be appointed to act in an office under this section (and may act in that office) even if the person is of or above the age at which a holder of the office would vacate the office.\n> \n> **s 13:** Subst 2007 No 51, Sch 2 \\[12\\].","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 14 Savings and transitional provisions\n\n14 Savings and transitional provisions\n\n> > (1) In this section, a reference to an existing Crown Prosecutor or a person holding a commission as an existing Crown Prosecutor is a reference to a person holding an appointment under section 5 of The Australian Courts Act 1828 (9 Geo IV, c 83) or section 572 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> \n> > (2) All appointments under section 5 of The Australian Courts Act 1828 and section 572 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) are revoked.\n> \n> > (3) The persons holding commissions and paid as existing Crown Prosecutors immediately before the commencement of this subsection shall, if eligible to be appointed as Crown Prosecutors under this Act, be deemed to have been appointed as Crown Prosecutors under this Act.\n> \n> > (4) Anything done or omitted before the commencement of this subsection by an existing Crown Prosecutor shall be deemed to have been done or omitted by a Crown Prosecutor appointed under this Act.\n> \n> > (5) Nothing in this Act affects any proceedings pending immediately before the commencement of this subsection in which an existing Crown Prosecutor was appearing, and the Crown Prosecutor may continue to appear.\n> \n> > (6) A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to a Crown Prosecutor shall be read as a reference to a Crown Prosecutor appointed under this Act.\n> \n> > (7) In the case of a person holding a commission as an existing Crown Prosecutor immediately before the commencement of this subsection, the references in sections 8 and 9 to the age of 65 years shall be read as references to the age of 70 years.\n> \n> > (8) Section 4 (3A) applies to a Crown Prosecutor appointed before the commencement of that subsection.\n> \n> > (9) Until a relevant determination is made and takes effect under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004), a part-time Crown Prosecutor is entitled to be paid in accordance with the determination in force for the time being for Crown Prosecutors, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.\n> \n> > (10) Schedule 2 has effect.\n> \n> **s 14:** Am 2006 No 23, Sch 3 \\[3\\]; 2007 No 51, Sch 2 \\[13\\].","sortOrder":23},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Certain rights of Crown Prosecutors","content":"# Schedule 1 Certain rights of Crown Prosecutors\n\nSchedule 1 Certain rights of Crown Prosecutors\n\n(Section 4 (5))\n\n**sch 1:** Am 1991 No 17, Sch 1; 2007 No 51, Sch 2 \\[14\\] \\[15\\]; 2015 No 15, Sch 3.19 \\[2\\]–\\[6\\].","sortOrder":24},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 14 (10))\n\n**sch 2:** Ins 2007 No 51, Sch 2 \\[16\\]. Am 2011 No 34, Sch 2 \\[2\\] \\[3\\].","sortOrder":29}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope of terms and tenure has been changed by later amendments reflected in the text. Notably, it now provides for fixed terms of up to 7 years and a retirement cap at age 72 (s 4(2A); s 4A(3); s 4B(3); s 9(1)(c)). Schedule 2 and s 14 contain transitional rules preserving certain rights of persons who held office before the 2007 and 2011 amending Acts and set special reappointment and continuation rules for existing office-holders (s 14; Schedule 2 Parts 2–3). These provisions alter the original tenure and retirement arrangements for incumbents and set the current appointment/retirement framework."},"complexity_factors":["Multiple appointment types (Crown Prosecutor, Senior and Deputy) with similar but distinct rules (ss 4, 4A, 4B)","Fixed-term framework with age cap and reappointment mechanics (s 4(2A); s 9)","Detailed removal and suspension provisions including salary withholding and forfeiture (s 9; s 9A)","Restrictions on outside work plus consent and condition compliance, with removal for breach (s 10; s 9(2))","Part-time agreements and secondments requiring written arrangements and administrative approvals (s 4(3A); s 7A)","Cross-references to other statutes for remuneration and exclusions (s 11; s 12)","Savings and transitional provisions preserving rights for incumbents and handling past amendments (s 14; Schedule 2)","Schedules dealing with superannuation and re-employment rights add technical employment law interactions (Schedule 1)","Considerable executive discretion among Governor, Attorney General and Director creates practical decision-making complexity (ss 3A, 4, 6, 9, 9A, 13)","Potential for cohort-differentiated treatment due to transitional clauses (Schedule 2 Parts 2–3)"],"plain_english_summary":"What the law does, mechanically\n\n- Creates and governs the statutory offices of Crown Prosecutor, Senior Crown Prosecutor and Deputy Senior Crown Prosecutor (ss 4, 4A, 4B). The Governor makes appointments; appointees must be Australian lawyers (ss 4(1)–(2), 4A(2), 4B(2)).\n\n- Sets the core term, retirement and reappointment rules. Crown Prosecutors are appointed for up to 7 years (or a shorter term so the term ends by the 72nd birthday) and may be reappointed (s 4(2A); s 4A(3); s 4B(3)). A Crown Prosecutor vacates office on death, resignation, reaching 72, ceasing to be an Australian lawyer, or removal by the Governor on specified grounds (s 9(1)).\n\n- Defines main functions: prosecute and appear for the Director of Public Prosecutions, find bills of indictment, advise the Attorney General or Director, and perform other counsel functions approved by the Attorney General or Director (s 5). Functions to find indictments are to be exercised in the Director’s name (s 5(2)).\n\n- Assigns control and internal allocation of work to the Director of Public Prosecutions (s 6). The Director also receives responsibility for Crown Prosecutors’ performance (s 4(4)). The Attorney General may issue non-mandatory selection guidelines (s 3A).\n\n- Allows part‑time practice by written agreement with the Director (s 4(3A)). The Attorney General may arrange secondments of Crown Prosecutors to act as Public Defenders or to assist in inquiries (s 7A).\n\n- Restricts outside paid work and private legal practice: no practising or paid employment outside the office without the Attorney General’s or Director’s consent; conditions attached to consent must be followed (s 10). Failure to comply with s 10 can lead to removal (s 9(2)).\n\n- Provides for suspension pending misconduct investigation; the Director may suspend, withhold salary during suspension, and require forfeiture of withheld salary if removed (s 9A(1)–(4)).\n\n- Specifies remuneration, allowances and leave: paid under the Statutory and Other Offices Remuneration Act and allowances/leave as determined by the Attorney General (s 12). Acting appointments may be made by the Attorney General for up to 12 months with terms set by the Attorney General (s 13).\n\n- Preserves certain prior employment and superannuation rights for people appointed from the Public Service or statutory bodies and sets re-employment rights on ceasing to be a Crown Prosecutor in specified circumstances (Schedule 1 cl 2–3; s 14(3)–(6)).\n\n- Contains savings and transitional rules addressing earlier and later amendments (s 14; Schedule 2 Parts 2–3), including special treatment for persons who held office before the 2007 and 2011 amendments.\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: the State pays salaries and allowances for these statutory offices (s 12). During suspension the Director may withhold salary and, on removal, withheld salary may be forfeited to the State (s 9A(2)–(3)).\n\n- Who decides: the Governor formally appoints and may remove Crown Prosecutors (s 4; s 9(3)–(4)). The Attorney General may issue guidance about selection (s 3A), give or withhold consent for outside work (s 10), appoint acting officers and set their terms (s 13), and determine allowances and leave (s 12). The Director allocates work (s 6), directs part‑time arrangements with Crown Prosecutors (s 4(3A)), and can suspend a prosecutor pending misconduct proceedings (s 9A).\n\n- Behaviour changes required of officeholders: comply with directions from the Director (s 4(4), s 6); obtain consent before private practice or other paid work (s 10); enter written part‑time agreements to permit part‑time work (s 4(3A)); comply with conditions attached to consent or risk removal (s 10(2); s 9(2)).\n\nOfficial purpose-claims (as reflected in the text) and testing them against costs, incentives and risks\n\n- Purpose-claim in the Act: to establish a professional prosecutorial workforce with clear appointment, function and discipline arrangements (see ss 4, 5, 6, 9). This creates an institutional framework for the State’s conduct of indictable prosecutions and legal advice by Crown counsel.\n\n- Costs and who bears them: the recurring direct cost is Crown Prosecutors’ remuneration and allowances paid by the State (s 12). There is a contingent cost/benefit to individual prosecutors from retained superannuation and re-employment rights (Schedule 1 cl 2–3). Salary withholding on suspension (s 9A) shifts financial risk onto the individual during investigations.\n\n- Incentives and behavioural effects: removal and suspension provisions (s 9; s 9A) create incentives for prosecutors to follow conditions on outside work (s 10) and to observe required duties; the Director’s power to allocate work (s 6) centralises prosecutorial tasking. Part‑time agreements (s 4(3A)) and secondments (s 7A) enable flexible deployment but require written agreements and administrative approvals, which creates transaction costs for both the officeholder and the Director/Attorney General.\n\n- Compliance burden and enforcement discretion: officeholders must get prior consent for outside practice and paid employment and must comply with any conditions attached (s 10). Failure to comply can trigger removal (s 9(2)). The Director has discretion to suspend and to withhold and forfeit salary (s 9A), and the Governor and Attorney General have broad appointment and removal discretion (ss 4, 9, 13). Those discretionary powers concentrate decision-making with a small set of officials.\n\n- Opportunity costs and effects on private markets: restrictions on outside legal practice (s 10) limit prosecutors’ ability to earn private legal fees while holding office, shifting some potential private-law market supply to the public payroll. Part‑time arrangements (s 4(3A)) can moderate that effect by permitting limited private engagement subject to agreement.\n\n- Interaction with other laws and transitional complexity: remuneration references another statute (s 12), the Government Sector Employment Act is excluded from applying to these statutory offices (s 11), and the Act contains multiple savings and transitional clauses that preserve prior rights for incumbents and regulate how later amendments apply (s 14; Schedule 2 Parts 2–3). These cross-references and transitional protections increase administrative complexity when terms change.\n\nConcentrated benefits and diffuse costs; capture and substitution risks (mechanistic description)\n\n- Concentrated benefits: appointment, job security, reappointment and preserved superannuation/re-employment rights are concentrated benefits enjoyed by appointees (s 4(2A); Schedule 1 cl 2–3; Schedule 2 Part 2–3).\n\n- Diffuse costs: ordinary taxpayers bear salary and allowance costs (s 12) and any administrative costs of oversight, suspension and secondments (s 9A; s 7A).\n\n- Substitution effects: restrictions on outside practice (s 10) reduce prosecutors’ private practice activity unless a part‑time arrangement is negotiated (s 4(3A)), which can shift legal-work supply between the public and private sectors.\n\nImplementation risks and administrative discretion\n\n- The Governor, Attorney General and Director hold multiple, sometimes overlapping powers: appointment and removal (Governor s 4, s 9), consent and guidance (Attorney General s 3A, s 10, s 13), allocation of work and suspension (Director s 6, s 9A). Those concentrated authorities create dependence on internal administrative processes and judgment calls.\n\n- Transitional and cross‑statute interactions (s 14; Schedule 2; s 11; s 12) impose implementation work when terms change (for example, changes to term length and retirement age are addressed by Schedule 2), and preserving rights for incumbents makes transitions uneven across cohorts.\n\nBottom line (mechanical): The Act establishes statutory Crown Prosecutor offices, defines their prosecutorial functions, sets appointment terms and retirement, regulates outside work and secondments, provides for suspension and removal with salary consequences, and preserves certain prior employment and superannuation rights. The State funds remuneration; the Governor, Attorney General and Director exercise the principal appointment, oversight and disciplinary authorities. (Key sections: ss 4, 5, 6, 9, 9A, 10, 12, 13, s 14; Schedule 1; Schedule 2.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1986 Act primarily established the basic office of Crown Prosecutor, defined core prosecutorial functions and preserved rights from earlier imperial and local statutes. The current version has significantly expanded in scope through the insertion of Senior and Deputy Senior Crown Prosecutor roles (s 4A, 4B), introduction of fixed 7-year terms with a compulsory retirement age of 72 (replacing earlier life tenure via 2007 and 2011 amendments), addition of suspension powers (s 9A), part-time working arrangements (s 4(3A)), guidelines for appointments (s 3A) and extensive new transitional provisions in Schedule 2 that protect and grandfather existing office-holders."},"complexity_factors":["Extensive amendment history noted on nearly every section (e.g. s 4 amended six times between 1995 and 2011)","Layered provisions on appointment, functions, removal from office and acting appointments with numerous subclauses and exceptions (ss 4–4B, 9, 9A, 13)","Two detailed Schedules: Schedule 1 on preservation of prior public-sector rights (with anti-double-dipping rules in cl 2(4)) and Schedule 2 containing multi-part transitional rules from 2007 and 2011 amending Acts","Frequent cross-references to other statutes including the Statutory and Other Offices Remuneration Act 1975, Government Sector Employment Act 2013, Royal Commissions Act 1923 and Independent Commission Against Corruption Act 1988","Conditional logic throughout (e.g. consent requirements in s 10, Director's opinion threshold in s 9A(1))"],"plain_english_summary":"**The Crown Prosecutors Act 1986** creates a formal structure for appointing and regulating specialist lawyers who prosecute serious criminal cases on behalf of the state of New South Wales.\n\nIt lets the Governor appoint Crown Prosecutors (including a Senior Crown Prosecutor and one or more Deputy Senior Crown Prosecutors), all of whom must be qualified Australian lawyers. These prosecutors work under the Director of Public Prosecutions (DPP). Their main jobs are to run court cases for the DPP, formally charge people with serious crimes (called \"finding a bill of indictment\"), give legal advice to the Attorney General or DPP when asked, and handle other approved legal work.\n\nThe Act sets out fixed-term appointments (normally 7 years, ending no later than age 72), strict rules on when someone must leave the job (such as misconduct, bankruptcy or stopping being a lawyer), bans on doing outside legal or paid work without approval, and protections for people who move from public service roles. It also allows secondments to other public inquiries and covers how the DPP assigns their workload.\n\nThis law matters because it helps ensure experienced, independent prosecutors handle indictable offences (serious crimes tried in higher courts) while maintaining clear accountability to the DPP and rules to prevent conflicts of interest. It balances stability for prosecutors with public expectations of high standards and impartiality in the justice system."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have retained its original core purpose — governing the appointment and conduct of Crown Prosecutors in NSW — throughout its various amendments. The amendments since 1986 appear to have refined rather than fundamentally redirected the legislation's scope."},"complexity_factors":["Only metadata and navigation content was provided — the substantive provisions of the Act are absent from the extract, limiting full analysis","The Act involves interaction between employment law, constitutional principles (separation of powers), and criminal procedure","Multiple amendments over time (at least 5 substantive changes since 2000) suggest evolving complexity in the detail","Intersection with other frameworks such as the Director of Public Prosecutions Act and court rules adds contextual complexity","Concepts like prosecutorial independence and tenure protections have legal nuance not obvious to laypeople"],"plain_english_summary":"## Crown Prosecutors Act 1986 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that establishes the framework for **Crown Prosecutors** — the government lawyers who represent the State in serious criminal trials (such as murder, serious assault, or major fraud cases) in courts like the District Court and Supreme Court.\n\n**Who does it affect?**\n- **Crown Prosecutors themselves** — it governs their appointment, tenure, pay, and conduct\n- **Anyone facing serious criminal charges in NSW** — because this law shapes who prosecutes them and how that prosecution is structured\n- **The NSW legal system broadly** — it defines the independence and accountability of the prosecution function\n\n**Why does it matter?**\nCrown Prosecutors play a critical role in the justice system. They decide how criminal cases are run in court on behalf of the community. This Act gives them a degree of **independence from political interference** (similar to judges), meaning the government can't easily pressure them to drop or pursue particular cases. It also sets out their terms of employment, including protections against being dismissed without proper process.\n\n**Key things to know:**\n- Crown Prosecutors are senior government lawyers appointed to run serious criminal trials\n- The Act protects their independence so prosecutions are based on evidence and law — not politics\n- It sits under the responsibility of the NSW **Attorney General**\n- It has been in its current form since **15 July 2015**, with several updates since it was first made in 1986\n\n> **Note:** Only limited metadata is available from this extract — the actual detailed provisions of the Act are not reproduced here, so this summary is based on the Act's known structure and purpose."}},"importantCases":[],"_links":{"self":"/api/acts/crown-prosecutors-act-1986","history":"/api/acts/crown-prosecutors-act-1986/history","analysis":"/api/acts/crown-prosecutors-act-1986/analysis","conflicts":"/api/acts/crown-prosecutors-act-1986/conflicts","importantCases":"/api/acts/crown-prosecutors-act-1986/important-cases","documents":"/api/acts/crown-prosecutors-act-1986/documents"}}