{"id":"qld:act-1984-095","name":"Director of Public Prosecutions Act 1984","slug":"director-of-public-prosecutions-act-1984","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"95 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104970,"registerId":"qld-act-1984-095-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Director of Public Prosecutions Act 1984 .\ns 1 amd 1994 No. 87 s 3 sch 1","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 1995 No. 58 s 4 sch 1","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1990 No. 82 s 4","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\nAustralian lawyer see the Legal Profession Act 2007 , schedule 2 .\ns 4 def Australian lawyer ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\ncriminal proceedings means—\nproceedings on indictment for an offence defined in the Criminal Code ; and\nother proceedings on indictment; and\nproceedings in the Supreme Court commenced by a person charged with an indictable offence in connection with the offence before the presentation of an indictment that charges the commission of the offence.\ndirector means the Director of Public Prosecutions appointed under this Act.\ns 4 def director amd 1994 No. 87 s 3 sch 1\nDirector-General ...\ns 4 def Director-General ins 1990 No. 80 s 3 sch 1\nom 1 January 1991 RA s 39\nlawyer means an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State.\ns 4 def lawyer ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\nMinister ...\ns 4 def Minister sub 1990 No. 80 s 3 sch 1\nom 1 January 1991 RA s 39\nPublic Service Board ...\ns 4 def Public Service Board om 1988 No. 52 s 44 sch 3\nUnder Secretary ...\ns 4 def Under Secretary amd 1988 No. 52 s 44 sch 3\nom 1990 No. 80 s 3 sch 1\ns 4 amd 1995 No. 58 s 4 sch 1\n- (a) proceedings on indictment for an offence defined in the Criminal Code ; and\n- (b) other proceedings on indictment; and\n- (c) proceedings in the Supreme Court commenced by a person charged with an indictable offence in connection with the offence before the presentation of an indictment that charges the commission of the offence.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Office of Director of Public Prosecutions","content":"# Office of Director of Public Prosecutions","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Director of Public Prosecutions and Office","content":"## Director of Public Prosecutions and Office","sortOrder":6},{"sectionNumber":"sec.4A","sectionType":"section","heading":"The Director of Public Prosecutions and Office","content":"### sec.4A The Director of Public Prosecutions and Office\n\nThere is to be a Director of Public Prosecutions.\nAn office called the Office of the Director of Public Prosecutions is established.\ns 4A ins 1994 No. 87 s 3 sch 1\n(sec.4A-ssec.1) There is to be a Director of Public Prosecutions.\n(sec.4A-ssec.2) An office called the Office of the Director of Public Prosecutions is established.","sortOrder":7},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"Provisions about director of public prosecutions","content":"## Provisions about director of public prosecutions","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Appointment of director","content":"### sec.5 Appointment of director\n\nThe Governor in Council may appoint a person to be the director of public prosecutions.\nThe person must be an Australian lawyer who has been admitted to practise for not less than 10 years.\nThe director—\nshall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and\nshall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and\nshall be eligible for reappointment upon the expiration of the director’s term of appointment.\nThe director is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 5 amd 1988 No. 52 s 44 sch 3 ; 1994 No. 87 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.5-ssec.1) The Governor in Council may appoint a person to be the director of public prosecutions.\n(sec.5-ssec.1A) The person must be an Australian lawyer who has been admitted to practise for not less than 10 years.\n(sec.5-ssec.2) The director— shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and shall be eligible for reappointment upon the expiration of the director’s term of appointment.\n(sec.5-ssec.3) The director is to be appointed under this Act, and not under the Public Sector Act 2022 .\n- (a) shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and\n- (b) shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and\n- (c) shall be eligible for reappointment upon the expiration of the director’s term of appointment.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Termination of director’s appointment","content":"### sec.6 Termination of director’s appointment\n\nThe director may resign office by writing signed by the director and delivered to the Minister.\nThe Governor in Council may terminate the appointment of the director for misbehaviour or physical or mental incapacity.\nThe Governor in Council shall terminate the appointment of the director if—\nthe director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or\nthe director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or\nthe director contravenes section 7 .\nTermination of the appointment of director shall be by way of notification in writing signed by the Minister and given to the director personally or by post.\ns 6 amd 1985 No. 25 s 5\n(sec.6-ssec.1) The director may resign office by writing signed by the director and delivered to the Minister.\n(sec.6-ssec.2) The Governor in Council may terminate the appointment of the director for misbehaviour or physical or mental incapacity.\n(sec.6-ssec.3) The Governor in Council shall terminate the appointment of the director if— the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or the director contravenes section 7 .\n(sec.6-ssec.4) Termination of the appointment of director shall be by way of notification in writing signed by the Minister and given to the director personally or by post.\n- (a) the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or\n- (b) the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or\n- (c) the director contravenes section 7 .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Other employment curtailed","content":"### sec.7 Other employment curtailed\n\nThe director shall not, without the consent of the Minister—\nengage in the practice of the director’s profession except in the exercise of the functions of the director’s office; or\nengage in paid employment outside the duties of the director’s office.\n- (a) engage in the practice of the director’s profession except in the exercise of the functions of the director’s office; or\n- (b) engage in paid employment outside the duties of the director’s office.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 2004 No. 11 s 596 sch 1","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 1994 No. 87 s 3 sch 1","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Functions of director","content":"### sec.10 Functions of director\n\nThe director—\nshall prepare, institute and conduct on behalf of and in the name of Her Majesty—\ncriminal proceedings; and\nproceedings in the Court of Appeal; and\nproceedings in the High Court of Australia that arise out of criminal proceedings; and\nshall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and\nshall, upon the direction of the Minister or of the director’s own motion—\nprepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and\ntake over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and\nshall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and\nshall perform such duties as the director may be charged with by or under this Act or any other Act; and\nshall perform such duties of a legal nature as the Minister may direct.\nIf the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct—\ncriminal proceedings for the offences; and\nproceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.\nIn the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings.\nIn proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice.\ns 10 amd 1994 No. 87 s 3 sch 1 ; 2003 No. 13 s 106 sch 1 ; 2003 No. 55 s 50 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 214 sch\n(sec.10-ssec.1) The director— shall prepare, institute and conduct on behalf of and in the name of Her Majesty— criminal proceedings; and proceedings in the Court of Appeal; and proceedings in the High Court of Australia that arise out of criminal proceedings; and shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and shall, upon the direction of the Minister or of the director’s own motion— prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and shall perform such duties as the director may be charged with by or under this Act or any other Act; and shall perform such duties of a legal nature as the Minister may direct.\n(sec.10-ssec.2) If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct— criminal proceedings for the offences; and proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.\n(sec.10-ssec.3) In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings.\n(sec.10-ssec.4) In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice.\n- (a) shall prepare, institute and conduct on behalf of and in the name of Her Majesty— (i) criminal proceedings; and (ii) proceedings in the Court of Appeal; and (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and\n- (i) criminal proceedings; and\n- (ii) proceedings in the Court of Appeal; and\n- (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and\n- (b) shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and\n- (c) shall, upon the direction of the Minister or of the director’s own motion— (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and\n- (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and\n- (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and\n- (d) shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and\n- (e) shall perform such duties as the director may be charged with by or under this Act or any other Act; and\n- (f) shall perform such duties of a legal nature as the Minister may direct.\n- (i) criminal proceedings; and\n- (ii) proceedings in the Court of Appeal; and\n- (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and\n- (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and\n- (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and\n- (a) criminal proceedings for the offences; and\n- (b) proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.","sortOrder":14},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Guidelines by Attorney-General","content":"### sec.10A Guidelines by Attorney-General\n\nFor exercising the director’s functions under the Criminal Proceeds Confiscation Act 2002 , the director is subject to any guidelines the Attorney-General issues in relation to the examination of a person under an examination order under that Act.\nA guideline may not be furnished in relation to a particular case.\nThe Attorney-General must gazette the guidelines as soon as practicable after issuing them.\nAlso, the Attorney-General must table a copy of the guidelines in the Legislative Assembly within 14 sitting days after the guidelines are gazetted.\ns 10A ins 2002 No. 68 s 312\n(sec.10A-ssec.1) For exercising the director’s functions under the Criminal Proceeds Confiscation Act 2002 , the director is subject to any guidelines the Attorney-General issues in relation to the examination of a person under an examination order under that Act.\n(sec.10A-ssec.2) A guideline may not be furnished in relation to a particular case.\n(sec.10A-ssec.3) The Attorney-General must gazette the guidelines as soon as practicable after issuing them.\n(sec.10A-ssec.4) Also, the Attorney-General must table a copy of the guidelines in the Legislative Assembly within 14 sitting days after the guidelines are gazetted.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Powers of director","content":"### sec.11 Powers of director\n\nThe director may, from time to time, do any of the following—\nfurnish guidelines in writing to—\ncrown prosecutors and other persons acting on the director’s behalf; or\nthe commissioner of the police service; or\nany other person;\nwith respect to prosecutions in respect of offences;\ngive directions to the commissioner of the police service and other persons with respect to the offences or classes of offences that are to be referred to the director for the institution and conduct of proceedings;\ngive guidelines to a person to whom section 24A (1) applies stating that specified information is confidential information for the purposes of section 24A .\nThe power conferred by subsection (1) (a) does not authorise the director to furnish guidelines of a description referred to therein in relation to a particular case.\nThe director—\nshall give to the Minister a copy of each guideline or direction furnished or given by the director under subsection (1) ; and\nshall include in a report furnished under section 16 —\na copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and\na copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.\nA guideline furnished under subsection (1) shall not prevent or hinder the discharge of any function or the exercise of any power by a crown prosecutor pursuant to the Criminal Code .\ns 11 amd 1997 No. 82 s 27\n(sec.11-ssec.1) The director may, from time to time, do any of the following— furnish guidelines in writing to— crown prosecutors and other persons acting on the director’s behalf; or the commissioner of the police service; or any other person; with respect to prosecutions in respect of offences; give directions to the commissioner of the police service and other persons with respect to the offences or classes of offences that are to be referred to the director for the institution and conduct of proceedings; give guidelines to a person to whom section 24A (1) applies stating that specified information is confidential information for the purposes of section 24A .\n(sec.11-ssec.1A) The power conferred by subsection (1) (a) does not authorise the director to furnish guidelines of a description referred to therein in relation to a particular case.\n(sec.11-ssec.2) The director— shall give to the Minister a copy of each guideline or direction furnished or given by the director under subsection (1) ; and shall include in a report furnished under section 16 — a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.\n(sec.11-ssec.3) A guideline furnished under subsection (1) shall not prevent or hinder the discharge of any function or the exercise of any power by a crown prosecutor pursuant to the Criminal Code .\n- (a) furnish guidelines in writing to— (i) crown prosecutors and other persons acting on the director’s behalf; or (ii) the commissioner of the police service; or (iii) any other person;\n- (i) crown prosecutors and other persons acting on the director’s behalf; or\n- (ii) the commissioner of the police service; or\n- (iii) any other person;\n- (i) crown prosecutors and other persons acting on the director’s behalf; or\n- (ii) the commissioner of the police service; or\n- (iii) any other person;\n- (b) give directions to the commissioner of the police service and other persons with respect to the offences or classes of offences that are to be referred to the director for the institution and conduct of proceedings;\n- (c) give guidelines to a person to whom section 24A (1) applies stating that specified information is confidential information for the purposes of section 24A .\n- (a) shall give to the Minister a copy of each guideline or direction furnished or given by the director under subsection (1) ; and\n- (b) shall include in a report furnished under section 16 — (i) a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and (ii) a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.\n- (i) a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and\n- (ii) a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.\n- (i) a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and\n- (ii) a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Referral of charge to director","content":"### sec.12 Referral of charge to director\n\nWhere a person has been charged with an offence and—\nthe offence is one in respect of which a direction has been given under section 11 (1) ; or\nthe director directs that the matter be referred to the director; or\nthe complainant or person bringing the charge considers that the matter should be referred to the director—\nthe complainant or person bringing the charge shall provide to the director—\na full report of the circumstances of the offence; and\ncopies of the statements of all witnesses; and\ncopies of all material documents; and\nsuch other information and material as the director may require.\n- (a) the offence is one in respect of which a direction has been given under section 11 (1) ; or\n- (b) the director directs that the matter be referred to the director; or\n- (c) the complainant or person bringing the charge considers that the matter should be referred to the director—\n- (d) a full report of the circumstances of the offence; and\n- (e) copies of the statements of all witnesses; and\n- (f) copies of all material documents; and\n- (g) such other information and material as the director may require.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Assistance for director","content":"### sec.13 Assistance for director\n\nThis section applies if, in relation to a criminal proceeding under consideration or conducted by the director, a matter arises that requires further investigation.\nFor conducting the investigation, the director may ask—\nthe commissioner of the police service for the assistance of a police officer; or\nthe chief executive of the department in which the Animal Care and Protection Act 2001 is administered for the assistance of a person who is appointed as an inspector under that Act, section 114 ; or\nthe chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.\nA request under subsection (2) must be in writing.\nA person of whom a request is made under subsection (2) must, as far as possible, comply with the request.\ns 13 sub 2014 No. 39 s 45\namd 2018 No. 29 s 62\n(sec.13-ssec.1) This section applies if, in relation to a criminal proceeding under consideration or conducted by the director, a matter arises that requires further investigation.\n(sec.13-ssec.2) For conducting the investigation, the director may ask— the commissioner of the police service for the assistance of a police officer; or the chief executive of the department in which the Animal Care and Protection Act 2001 is administered for the assistance of a person who is appointed as an inspector under that Act, section 114 ; or the chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.\n(sec.13-ssec.3) A request under subsection (2) must be in writing.\n(sec.13-ssec.4) A person of whom a request is made under subsection (2) must, as far as possible, comply with the request.\n- (a) the commissioner of the police service for the assistance of a police officer; or\n- (b) the chief executive of the department in which the Animal Care and Protection Act 2001 is administered for the assistance of a person who is appointed as an inspector under that Act, section 114 ; or\n- (c) the chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 om 1994 No. 87 s 3 sch 1","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Judicial notice of director’s signature","content":"### sec.15 Judicial notice of director’s signature\n\nAll courts, judges and persons acting judicially shall take judicial notice of—\nthe signature of any person who is or has been the director of public prosecutions or an acting director of public prosecutions on any document; and\nthe fact that that person is or was the director of public prosecutions or the acting director of public prosecutions, as the case may be.\ns 15 amd 1994 No. 87 s 3 sch 1\n- (a) the signature of any person who is or has been the director of public prosecutions or an acting director of public prosecutions on any document; and\n- (b) the fact that that person is or was the director of public prosecutions or the acting director of public prosecutions, as the case may be.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Annual report of director","content":"### sec.16 Annual report of director\n\nAs soon as practicable after the end of each financial year, but not later than 31 October, the director must give to the Minister a report of the operations of the Office of the Director of Public Prosecutions during the year.\nThe Minister shall cause every report furnished to the Minister under subsection (1) to be laid before the Legislative Assembly within 14 sitting days after the Minister receives the report.\ns 16 amd 1994 No. 87 s 3 sch 1\n(2)–(3) exp 1 November 1995 (see s 16(3))\n(sec.16-ssec.1) As soon as practicable after the end of each financial year, but not later than 31 October, the director must give to the Minister a report of the operations of the Office of the Director of Public Prosecutions during the year.\n(sec.16-ssec.4) The Minister shall cause every report furnished to the Minister under subsection (1) to be laid before the Legislative Assembly within 14 sitting days after the Minister receives the report.","sortOrder":21},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Deputy directors of prosecutions","content":"## Deputy directors of prosecutions","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Appointment of deputy directors of public prosecutions","content":"### sec.17 Appointment of deputy directors of public prosecutions\n\nThe Governor in Council may appoint a person who is an Australian lawyer to be a deputy director of public prosecutions.\ns 17 sub 1994 No. 87 s 3 sch 1\namd 2004 No. 11 s 596 sch 1","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 om 1990 No. 82 s 5","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conditions of appointment","content":"### sec.19 Conditions of appointment\n\nA deputy director—\nshall, subject to subsection (2) , be appointed for such term, not exceeding 5 years, as the Governor in Council determines and specifies in the instrument of appointment; and\nshall, subject to subsection (2) , be paid salary and allowances at such rate and be employed upon such conditions, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, from time to time determines; and\nshall be eligible for reappointment upon the expiration of the deputy director’s term of appointment or reappointment.\nThe deputy director is to be appointed under this Act, and not under the Public Sector Act 2022 .\nIn the exercise of the powers and authorities of the Governor in Council referred to in subsection (1) it shall not be mandatory that all appointments or reappointments to the office of deputy director should be for the same term or upon the same conditions as to salary or allowances.\ns 19 amd 1988 No. 52 s 44 sch 3 ; 1990 No. 82 s 8 sch ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.19-ssec.1) A deputy director— shall, subject to subsection (2) , be appointed for such term, not exceeding 5 years, as the Governor in Council determines and specifies in the instrument of appointment; and shall, subject to subsection (2) , be paid salary and allowances at such rate and be employed upon such conditions, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, from time to time determines; and shall be eligible for reappointment upon the expiration of the deputy director’s term of appointment or reappointment.\n(sec.19-ssec.2) The deputy director is to be appointed under this Act, and not under the Public Sector Act 2022 .\n(sec.19-ssec.3) In the exercise of the powers and authorities of the Governor in Council referred to in subsection (1) it shall not be mandatory that all appointments or reappointments to the office of deputy director should be for the same term or upon the same conditions as to salary or allowances.\n- (a) shall, subject to subsection (2) , be appointed for such term, not exceeding 5 years, as the Governor in Council determines and specifies in the instrument of appointment; and\n- (b) shall, subject to subsection (2) , be paid salary and allowances at such rate and be employed upon such conditions, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, from time to time determines; and\n- (c) shall be eligible for reappointment upon the expiration of the deputy director’s term of appointment or reappointment.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Termination of appointments","content":"### sec.20 Termination of appointments\n\nA deputy director may resign office by writing signed by the deputy director and given to the Minister.\nA person’s appointment as deputy director shall terminate upon the taking effect of the person’s appointment to any position in which the person is subject to the Public Sector Act 2022 .\ns 20 amd 1990 No. 82 s 8 sch ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.20-ssec.1) A deputy director may resign office by writing signed by the deputy director and given to the Minister.\n(sec.20-ssec.2) A person’s appointment as deputy director shall terminate upon the taking effect of the person’s appointment to any position in which the person is subject to the Public Sector Act 2022 .","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Suspension and removal from office","content":"### sec.21 Suspension and removal from office\n\nA deputy director is liable to be suspended without payment of salary or allowances (if any) or removed from office, in accordance with this Act, if the deputy director commits a breach of the conditions upon which the deputy director is for the time being employed in that office.\nThe Minister may, by notice signed by the Minister and given to the person to whose suspension it relates, suspend without payment of salary or allowances (if any) from office any deputy director who is liable thereto under subsection (1) .\nWhere the Minister has given a notice of suspension under subsection (2) the Minister shall, within 14 days after the giving of the notice—\nfurnish to the Governor in Council notification of the suspension and a statement setting out clearly and fully the grounds for the suspension; and\ncause a copy of the statement referred to in paragraph (a) to be given to the person who has been suspended from office and invite that person to show cause in writing to the Minister (in accordance with subsection (4) ) why the person should not be removed from office or otherwise dealt with in accordance with section 22 .\nThe person suspended from office is entitled to show cause as referred to in subsection (3) within 14 days after the person has received the copy statement referred to in that subsection or within such longer period as the Minister may allow in a particular case.\ns 21 amd 1985 No. 25 s 6 ; 1986 No. 9 s 3 ; 1990 No. 82 s 8 sch\n(sec.21-ssec.1) A deputy director is liable to be suspended without payment of salary or allowances (if any) or removed from office, in accordance with this Act, if the deputy director commits a breach of the conditions upon which the deputy director is for the time being employed in that office.\n(sec.21-ssec.2) The Minister may, by notice signed by the Minister and given to the person to whose suspension it relates, suspend without payment of salary or allowances (if any) from office any deputy director who is liable thereto under subsection (1) .\n(sec.21-ssec.3) Where the Minister has given a notice of suspension under subsection (2) the Minister shall, within 14 days after the giving of the notice— furnish to the Governor in Council notification of the suspension and a statement setting out clearly and fully the grounds for the suspension; and cause a copy of the statement referred to in paragraph (a) to be given to the person who has been suspended from office and invite that person to show cause in writing to the Minister (in accordance with subsection (4) ) why the person should not be removed from office or otherwise dealt with in accordance with section 22 .\n(sec.21-ssec.4) The person suspended from office is entitled to show cause as referred to in subsection (3) within 14 days after the person has received the copy statement referred to in that subsection or within such longer period as the Minister may allow in a particular case.\n- (a) furnish to the Governor in Council notification of the suspension and a statement setting out clearly and fully the grounds for the suspension; and\n- (b) cause a copy of the statement referred to in paragraph (a) to be given to the person who has been suspended from office and invite that person to show cause in writing to the Minister (in accordance with subsection (4) ) why the person should not be removed from office or otherwise dealt with in accordance with section 22 .","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Authority of Governor in Council to remove etc.","content":"### sec.22 Authority of Governor in Council to remove etc.\n\nIf, having regard to the statement of grounds furnished to the Governor in Council in accordance with section 21 (3) (a) and the cause (if any) shown in accordance with section 21 (4) , the Governor in Council is satisfied—\nthat all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or\nthat all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or\nthat none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter;\nthe Governor in Council shall—\nin the case referred to in paragraph (a) —direct that the person concerned be removed from the office of deputy director;\nin the case referred to in paragraph (b) —direct that the suspension in question be terminated and further direct—\nthat the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or\nthat the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or\nthat the person concerned be reprimanded or cautioned;\nin the case referred to in paragraph (c) —direct that the suspension in question be terminated.\nA direction given by the Governor in Council under subsection (1) shall be given effect as soon as is practicable and in accordance with law and the Minister shall take or cause to be taken all such steps as are appropriate for that purpose.\nWhere a suspension of a person from the office of deputy director has been terminated, otherwise than by the person being removed from the office—\nthe continuity of the person’s service in that office shall be taken to have not been broken by reason of the suspension; and\nsubject to giving effect to any direction of the Governor in Council that affects the person’s salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.\nRemoval from the office of deputy director under this section shall be by way of notification in writing signed by the Minister and given to the office holder in question personally or by post.\ns 22 amd 1986 No. 9 s 4 ; 1990 No. 82 s 8 sch\n(sec.22-ssec.1) If, having regard to the statement of grounds furnished to the Governor in Council in accordance with section 21 (3) (a) and the cause (if any) shown in accordance with section 21 (4) , the Governor in Council is satisfied— that all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or that all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or that none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter; the Governor in Council shall— in the case referred to in paragraph (a) —direct that the person concerned be removed from the office of deputy director; in the case referred to in paragraph (b) —direct that the suspension in question be terminated and further direct— that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or that the person concerned be reprimanded or cautioned; in the case referred to in paragraph (c) —direct that the suspension in question be terminated.\n(sec.22-ssec.2) A direction given by the Governor in Council under subsection (1) shall be given effect as soon as is practicable and in accordance with law and the Minister shall take or cause to be taken all such steps as are appropriate for that purpose.\n(sec.22-ssec.3) Where a suspension of a person from the office of deputy director has been terminated, otherwise than by the person being removed from the office— the continuity of the person’s service in that office shall be taken to have not been broken by reason of the suspension; and subject to giving effect to any direction of the Governor in Council that affects the person’s salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.\n(sec.22-ssec.4) Removal from the office of deputy director under this section shall be by way of notification in writing signed by the Minister and given to the office holder in question personally or by post.\n- (a) that all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or\n- (b) that all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or\n- (c) that none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter;\n- (d) in the case referred to in paragraph (a) —direct that the person concerned be removed from the office of deputy director;\n- (e) in the case referred to in paragraph (b) —direct that the suspension in question be terminated and further direct— (i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or (ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or (iii) that the person concerned be reprimanded or cautioned;\n- (i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or\n- (ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or\n- (iii) that the person concerned be reprimanded or cautioned;\n- (f) in the case referred to in paragraph (c) —direct that the suspension in question be terminated.\n- (i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or\n- (ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or\n- (iii) that the person concerned be reprimanded or cautioned;\n- (a) the continuity of the person’s service in that office shall be taken to have not been broken by reason of the suspension; and\n- (b) subject to giving effect to any direction of the Governor in Council that affects the person’s salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.","sortOrder":28},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Crown prosecutors and other officers assisting director","content":"## Crown prosecutors and other officers assisting director","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Appointment of officers","content":"### sec.23 Appointment of officers\n\nThe following officers may be appointed to assist the director in the discharge of the director’s functions—\nso many Australian lawyers as necessary to be crown prosecutors;\nso many other officers as necessary.\nAn officer appointed for a purpose referred to in subsection (1) is to be appointed under the Public Sector Act 2022 .\ns 23 sub 1990 No. 82 s 6\namd 1996 No. 37 s 147 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.23-ssec.1) The following officers may be appointed to assist the director in the discharge of the director’s functions— so many Australian lawyers as necessary to be crown prosecutors; so many other officers as necessary.\n(sec.23-ssec.2) An officer appointed for a purpose referred to in subsection (1) is to be appointed under the Public Sector Act 2022 .\n- (a) so many Australian lawyers as necessary to be crown prosecutors;\n- (b) so many other officers as necessary.","sortOrder":30},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":31},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Delegation by director","content":"### sec.23A Delegation by director\n\nThe director may delegate the director’s functions and powers under this Act or another Act to an appropriately qualified person.\ns 23A ins 2017 No. 6 s 25","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Appointees to offices authorised to present indictments","content":"### sec.24 Appointees to offices authorised to present indictments\n\nA person appointed to the office of director, deputy director or crown prosecutor shall be taken to be, by virtue of that appointment and for so long as the person holds that office, an officer appointed by the Governor in Council to present indictments in any court of criminal jurisdiction.","sortOrder":33},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Prohibition on disclosure of information","content":"### sec.24A Prohibition on disclosure of information\n\nA person who is or was employed for the purposes of this Act must not disclose confidential information that came to the person’s knowledge because of the employment.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information that came to the person’s knowledge directly or incidentally because of the employment or because of an opportunity given by the employment.\nHowever, subsection (1) does not apply to a disclosure by the person of information—\nunder this or another Act; or\nunder a requirement of a court or tribunal.\na witness’ statement disclosed for the purposes of a trial\nThe offence is committed even if—\nthe person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or\nthe information later stops being confidential.\nIn this section—\nconfidential information , for a person to whom subsection (1) applies, includes information stated to be confidential information for the purposes of this section under a guideline given to the person under section 11 (1) (c) .\nemployed includes—\nappointed; and\nengaged; and\nrequested to assist under section 13 .\ns 24A ins 1997 No. 82 s 28\n(sec.24A-ssec.1) A person who is or was employed for the purposes of this Act must not disclose confidential information that came to the person’s knowledge because of the employment. Maximum penalty—100 penalty units.\n(sec.24A-ssec.2) Subsection (1) applies to information that came to the person’s knowledge directly or incidentally because of the employment or because of an opportunity given by the employment.\n(sec.24A-ssec.3) However, subsection (1) does not apply to a disclosure by the person of information— under this or another Act; or under a requirement of a court or tribunal. a witness’ statement disclosed for the purposes of a trial\n(sec.24A-ssec.4) The offence is committed even if— the person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or the information later stops being confidential.\n(sec.24A-ssec.5) In this section— confidential information , for a person to whom subsection (1) applies, includes information stated to be confidential information for the purposes of this section under a guideline given to the person under section 11 (1) (c) . employed includes— appointed; and engaged; and requested to assist under section 13 .\n- (a) under this or another Act; or\n- (b) under a requirement of a court or tribunal.\n- (a) the person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or\n- (b) the information later stops being confidential.\n- (a) appointed; and\n- (b) engaged; and\n- (c) requested to assist under section 13 .","sortOrder":34},{"sectionNumber":"sec.24B","sectionType":"section","heading":"Criminal history checks","content":"### sec.24B Criminal history checks\n\nThe director may ask the commissioner of the police service to give the director a written report about the criminal history of a person employed in, or applying for employment in, the Office of the Director of Public Prosecutions.\nThe commissioner must comply with the request.\nSubsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.\nIn this section—\ncriminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 24B ins 2000 No. 58 s 2 sch\n(sec.24B-ssec.1) The director may ask the commissioner of the police service to give the director a written report about the criminal history of a person employed in, or applying for employment in, the Office of the Director of Public Prosecutions.\n(sec.24B-ssec.2) The commissioner must comply with the request.\n(sec.24B-ssec.3) Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.24B-ssec.4) In this section— criminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 .","sortOrder":35},{"sectionNumber":"sec.24C","sectionType":"section","heading":"Disclosures by police officers","content":"### sec.24C Disclosures by police officers\n\nThis section applies if the director is—\ndeciding whether to institute a proceeding; or\ndeciding whether to consent to the institution of a proceeding; or\nis conducting a proceeding.\nPolice officers investigating alleged offences have a duty to disclose to the director all relevant information, documents or other things obtained during the investigation that might tend to help the case for the prosecution or the case for the accused person.\nThe duty of disclosure under subsection (2) continues until 1 of the following happens—\nthe director decides the accused person will not be prosecuted for the alleged offence;\nthe prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.\nAny police officer has a duty to disclose to the director an exculpatory thing until 1 of the following happens—\nthe accused person is discharged or acquitted; or\nthe accused person dies.\nIn this section—\nexculpatory thing , in relation to an accused person, means reliable evidence of a nature to cause a jury to entertain a reasonable doubt as to the guilt of the accused person.\ns 24C ins 2003 No. 55 s 51\n(sec.24C-ssec.1) This section applies if the director is— deciding whether to institute a proceeding; or deciding whether to consent to the institution of a proceeding; or is conducting a proceeding.\n(sec.24C-ssec.2) Police officers investigating alleged offences have a duty to disclose to the director all relevant information, documents or other things obtained during the investigation that might tend to help the case for the prosecution or the case for the accused person.\n(sec.24C-ssec.3) The duty of disclosure under subsection (2) continues until 1 of the following happens— the director decides the accused person will not be prosecuted for the alleged offence; the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.\n(sec.24C-ssec.4) Any police officer has a duty to disclose to the director an exculpatory thing until 1 of the following happens— the accused person is discharged or acquitted; or the accused person dies.\n(sec.24C-ssec.5) In this section— exculpatory thing , in relation to an accused person, means reliable evidence of a nature to cause a jury to entertain a reasonable doubt as to the guilt of the accused person.\n- (a) deciding whether to institute a proceeding; or\n- (b) deciding whether to consent to the institution of a proceeding; or\n- (c) is conducting a proceeding.\n- (a) the director decides the accused person will not be prosecuted for the alleged offence;\n- (b) the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.\n- (a) the accused person is discharged or acquitted; or\n- (b) the accused person dies.","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Protection of persons executing Act","content":"### sec.25 Protection of persons executing Act\n\nNo act or thing done or omission made by the Minister, the director or any person assisting the director for the purpose of giving effect to this Act or discharging, exercising or performing any function, power, authority or duty under this Act shall subject the Crown, the Minister, the director or any person to liability at law in respect thereof.","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 1995 No. 58 s 4 sch 1","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Director’s professional involvement no bar","content":"### sec.27 Director’s professional involvement no bar\n\nSubject to subsection (2) , the director shall not be prevented from or limited in discharging the director’s functions under this Act by reason that before the director’s appointment to the office of director took effect the director had been involved, in the practice of the director’s profession, in a matter that at the time the director’s appointment took effect had not been finally determined.\nThe director—\nshall not disclose information that came to the director’s knowledge before the director’s appointment to the office of director took effect, in the practice of the director’s profession, concerning a matter that at the time the director’s appointment took effect had not been finally determined to any person except—\nthe person for whom the director was acting in the matter in the practice of the director’s profession; or\na legal representative of that person; or\na person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and\nshall not act personally in respect of any matter in which the director had been involved in the practice of the director’s profession before the director’s appointment to the office of director took effect and that had not been finally determined at the time the director’s appointment took effect.\nWhere the director is by this Act precluded from acting personally in respect of any matter a deputy director shall discharge the functions of the director in respect of that matter.\ns 27 amd 2010 No. 42 s 214 sch\n(sec.27-ssec.1) Subject to subsection (2) , the director shall not be prevented from or limited in discharging the director’s functions under this Act by reason that before the director’s appointment to the office of director took effect the director had been involved, in the practice of the director’s profession, in a matter that at the time the director’s appointment took effect had not been finally determined.\n(sec.27-ssec.2) The director— shall not disclose information that came to the director’s knowledge before the director’s appointment to the office of director took effect, in the practice of the director’s profession, concerning a matter that at the time the director’s appointment took effect had not been finally determined to any person except— the person for whom the director was acting in the matter in the practice of the director’s profession; or a legal representative of that person; or a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and shall not act personally in respect of any matter in which the director had been involved in the practice of the director’s profession before the director’s appointment to the office of director took effect and that had not been finally determined at the time the director’s appointment took effect.\n(sec.27-ssec.3) Where the director is by this Act precluded from acting personally in respect of any matter a deputy director shall discharge the functions of the director in respect of that matter.\n- (a) shall not disclose information that came to the director’s knowledge before the director’s appointment to the office of director took effect, in the practice of the director’s profession, concerning a matter that at the time the director’s appointment took effect had not been finally determined to any person except— (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or (ii) a legal representative of that person; or (iii) a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and\n- (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or\n- (ii) a legal representative of that person; or\n- (iii) a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and\n- (b) shall not act personally in respect of any matter in which the director had been involved in the practice of the director’s profession before the director’s appointment to the office of director took effect and that had not been finally determined at the time the director’s appointment took effect.\n- (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or\n- (ii) a legal representative of that person; or\n- (iii) a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Retention of rights as public servant","content":"### sec.28 Retention of rights as public servant\n\nWhere an officer of the public service is appointed to an office provided for by this Act the officer shall, subject to subsection (2) , retain the officer’s entitlement to rights that have accrued to the officer as such an officer at the time the officer’s appointment takes effect and to other rights including rights in respect of long service leave that would have accrued to the officer had the officer remained such an officer.\nThe rights to which a person retains the person’s entitlement pursuant to subsection (1) includes the right to apply for and to be appointed to any office within the public service as if the person were then an officer within the public service, if since the person’s first appointment to an office provided for by this Act the person has been in continuous employment in an office that is a prescribed office or in offices each of which is a prescribed office.\nA person who applies for an office within the public service pursuant to subsection (1A) shall for that purpose be deemed to have seniority in the public service as if, in respect of any period of continuous service in an office or offices provided for by this Act, the person were employed for that period in the position (with such variation (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held within the public service immediately prior to the commencement of that period of service.\nAn officer of the public service who is appointed to an office provided for by this Act may, within 6 months after the officer’s appointment takes effect, elect in writing given to the Minister to be paid the cash equivalent of all or part of the officer’s entitlements to annual recreation leave that have accrued to the officer at the time the officer’s appointment takes effect whereupon the officer shall no longer retain the officer’s entitlements to such leave to the extent to which the officer has so elected but—\nif the officer does not so elect; or\nif the officer so elects in respect of part only of the officer’s entitlements to such leave;\nthe officer shall exercise the officer’s entitlements to annual recreation leave or, as the case may be, the balance thereof in accordance with the conditions of employment upon which the officer holds the office provided for by this Act.\nWhere a person who immediately before the person’s appointment to an office provided for by this Act was an officer of the public service again becomes such an officer, if the person has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act, the person’s service in an office provided for by this Act shall be treated as service in a permanent capacity in the public service for the purpose of determining the person’s rights as an officer of the public service and, subject to subsection (4) , the person’s seniority in the public service.\nFor the purpose of determining the seniority in the public service of a person referred to in subsection (3) , the person shall be deemed to have held during any period of continuous service in an office or offices provided for by this Act the position (with such variations (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held in the public service immediately prior to the commencement of that period of service.\ns 28 amd 1986 No. 9 s 5\n(sec.28-ssec.1) Where an officer of the public service is appointed to an office provided for by this Act the officer shall, subject to subsection (2) , retain the officer’s entitlement to rights that have accrued to the officer as such an officer at the time the officer’s appointment takes effect and to other rights including rights in respect of long service leave that would have accrued to the officer had the officer remained such an officer.\n(sec.28-ssec.1A) The rights to which a person retains the person’s entitlement pursuant to subsection (1) includes the right to apply for and to be appointed to any office within the public service as if the person were then an officer within the public service, if since the person’s first appointment to an office provided for by this Act the person has been in continuous employment in an office that is a prescribed office or in offices each of which is a prescribed office.\n(sec.28-ssec.1B) A person who applies for an office within the public service pursuant to subsection (1A) shall for that purpose be deemed to have seniority in the public service as if, in respect of any period of continuous service in an office or offices provided for by this Act, the person were employed for that period in the position (with such variation (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held within the public service immediately prior to the commencement of that period of service.\n(sec.28-ssec.2) An officer of the public service who is appointed to an office provided for by this Act may, within 6 months after the officer’s appointment takes effect, elect in writing given to the Minister to be paid the cash equivalent of all or part of the officer’s entitlements to annual recreation leave that have accrued to the officer at the time the officer’s appointment takes effect whereupon the officer shall no longer retain the officer’s entitlements to such leave to the extent to which the officer has so elected but— if the officer does not so elect; or if the officer so elects in respect of part only of the officer’s entitlements to such leave; the officer shall exercise the officer’s entitlements to annual recreation leave or, as the case may be, the balance thereof in accordance with the conditions of employment upon which the officer holds the office provided for by this Act.\n(sec.28-ssec.3) Where a person who immediately before the person’s appointment to an office provided for by this Act was an officer of the public service again becomes such an officer, if the person has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act, the person’s service in an office provided for by this Act shall be treated as service in a permanent capacity in the public service for the purpose of determining the person’s rights as an officer of the public service and, subject to subsection (4) , the person’s seniority in the public service.\n(sec.28-ssec.4) For the purpose of determining the seniority in the public service of a person referred to in subsection (3) , the person shall be deemed to have held during any period of continuous service in an office or offices provided for by this Act the position (with such variations (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held in the public service immediately prior to the commencement of that period of service.\n- (a) if the officer does not so elect; or\n- (b) if the officer so elects in respect of part only of the officer’s entitlements to such leave;","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Entitlement of certain persons to appointment under Crown","content":"### sec.29 Entitlement of certain persons to appointment under Crown\n\nWhere in respect of a person who, immediately before the person’s appointment to an office provided for by this Act, was an officer of the public service and who has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act—\nthe person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or\nthe person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office;\nthen, subject to subsection (2) , if before the termination of the person’s tenure of the office the person has informed the chief executive in writing of the person’s desire to exercise forthwith upon such termination the entitlement conferred by this subsection, or if within 7 days after such termination the person has informed the chief executive in writing of the person’s desire to exercise forthwith the entitlement conferred by this subsection, the person is entitled to be appointed to an office in the employment of or under the Crown with a rate of salary and, if that office is within the public service, a classification that are equivalent to the rate of salary and classification to which, in the opinion of the chief executive, the person would have attained in the ordinary course as an officer of the public service if the person had not been appointed to an office provided for by this Act, and in any case with a rate of salary and, if that office is within the public service, a classification that are at least equivalent to the rate of salary and classification of the office the person held in the public service before the person’s appointment to an office under this Act or, if there be more than 1 such appointment, the person’s last such appointment.\nIf, at the time when tenure of an office provided for by this Act is terminated in a manner referred to in subsection (1) in respect of a person such as is referred to in that subsection, the person is under suspension from office and the Governor in Council has not decided with respect to the person as is prescribed by section 22 , then notwithstanding that the tenure of office has been terminated the Governor in Council shall proceed as required by that section and—\nif the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or\nif the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.\nWhere a person is appointed as an officer within the public service pursuant to this section, for the purposes of this Act, the person’s continuous employment in a prescribed office or in offices each of which is a prescribed office shall not be taken to be broken by reason only that the person’s employment as an officer of the public service pursuant to an appointment under this section did not commence immediately upon the termination of the person’s tenure of an office provided for by this Act.\ns 29 amd 1986 No. 9 s 6 ; 1988 No. 52 s 44 sch 3 ; 1990 No. 80 s 3 sch 1 ; 2010 No. 42 s 214 sch\n(sec.29-ssec.1) Where in respect of a person who, immediately before the person’s appointment to an office provided for by this Act, was an officer of the public service and who has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act— the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office; then, subject to subsection (2) , if before the termination of the person’s tenure of the office the person has informed the chief executive in writing of the person’s desire to exercise forthwith upon such termination the entitlement conferred by this subsection, or if within 7 days after such termination the person has informed the chief executive in writing of the person’s desire to exercise forthwith the entitlement conferred by this subsection, the person is entitled to be appointed to an office in the employment of or under the Crown with a rate of salary and, if that office is within the public service, a classification that are equivalent to the rate of salary and classification to which, in the opinion of the chief executive, the person would have attained in the ordinary course as an officer of the public service if the person had not been appointed to an office provided for by this Act, and in any case with a rate of salary and, if that office is within the public service, a classification that are at least equivalent to the rate of salary and classification of the office the person held in the public service before the person’s appointment to an office under this Act or, if there be more than 1 such appointment, the person’s last such appointment.\n(sec.29-ssec.2) If, at the time when tenure of an office provided for by this Act is terminated in a manner referred to in subsection (1) in respect of a person such as is referred to in that subsection, the person is under suspension from office and the Governor in Council has not decided with respect to the person as is prescribed by section 22 , then notwithstanding that the tenure of office has been terminated the Governor in Council shall proceed as required by that section and— if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.\n(sec.29-ssec.3) Where a person is appointed as an officer within the public service pursuant to this section, for the purposes of this Act, the person’s continuous employment in a prescribed office or in offices each of which is a prescribed office shall not be taken to be broken by reason only that the person’s employment as an officer of the public service pursuant to an appointment under this section did not commence immediately upon the termination of the person’s tenure of an office provided for by this Act.\n- (a) the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or\n- (b) the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office;\n- (a) if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or\n- (b) if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Meaning of expression prescribed office","content":"### sec.30 Meaning of expression prescribed office\n\nIn sections 28 and 29 —\nprescribed office means an office within the application of the Public Sector Act 2022 or an office provided for by this Act.\ns 30 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Provisions concerning superannuation","content":"### sec.31 Provisions concerning superannuation\n\nA person who immediately before the person’s appointment to an office provided for by this Act was an officer within the meaning of the State Service Superannuation Act 1972 shall, while the person continues in an appointment to an office provided for by this Act, be deemed to be employed by or under the Crown in a permanent capacity for the purposes of that Act and the Public Service Superannuation Act 1958 .\nWhere—\na person who while the person held an office provided for by this Act was a contributor within the meaning of the State Service Superannuation Act 1972 ; and\nthe tenure of the office of that person has been terminated by reason of the person’s resignation from the office or the expiration of the term of the person’s appointment or reappointment to the office; and\nthat person is entitled to be such a contributor by reason that the person has duly exercised the person’s entitlement conferred by section 29 (1) ;\nthe termination of the person’s tenure of office shall not be taken to be a resignation or dismissal referred to in section 35 of the State Service Superannuation Act 1972 , the person shall not be taken to have ceased to be a contributor for the purposes of the Public Service Superannuation Act 1958 by reason of that termination and the person shall be deemed to have continued to be an officer within the meaning of those Acts at all times since that termination.\ns 31 amd 2000 No. 52 s 48 sch\n(sec.31-ssec.1) A person who immediately before the person’s appointment to an office provided for by this Act was an officer within the meaning of the State Service Superannuation Act 1972 shall, while the person continues in an appointment to an office provided for by this Act, be deemed to be employed by or under the Crown in a permanent capacity for the purposes of that Act and the Public Service Superannuation Act 1958 .\n(sec.31-ssec.2) Where— a person who while the person held an office provided for by this Act was a contributor within the meaning of the State Service Superannuation Act 1972 ; and the tenure of the office of that person has been terminated by reason of the person’s resignation from the office or the expiration of the term of the person’s appointment or reappointment to the office; and that person is entitled to be such a contributor by reason that the person has duly exercised the person’s entitlement conferred by section 29 (1) ; the termination of the person’s tenure of office shall not be taken to be a resignation or dismissal referred to in section 35 of the State Service Superannuation Act 1972 , the person shall not be taken to have ceased to be a contributor for the purposes of the Public Service Superannuation Act 1958 by reason of that termination and the person shall be deemed to have continued to be an officer within the meaning of those Acts at all times since that termination.\n- (a) a person who while the person held an office provided for by this Act was a contributor within the meaning of the State Service Superannuation Act 1972 ; and\n- (b) the tenure of the office of that person has been terminated by reason of the person’s resignation from the office or the expiration of the term of the person’s appointment or reappointment to the office; and\n- (c) that person is entitled to be such a contributor by reason that the person has duly exercised the person’s entitlement conferred by section 29 (1) ;","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Administrative and financial control","content":"### sec.32 Administrative and financial control\n\nThe chief executive is to be the chief executive within the meaning of the Public Sector Act 2022 for matters of an administrative nature associated with the discharge of the director’s functions and in respect of officers appointed under section 23 .\nFor the purposes of the Financial Accountability Act 2009 the chief executive shall be the accountable officer in respect of the discharge of the director’s functions.\nThe director shall do all such things as the chief executive, in the proper performance of the chief executive’s duties as such accountable officer, may require for the purposes of that Act.\ns 32 amd 1990 No. 80 s 3 sch 1 ; 1990 No. 82 s 7 ; 1996 No. 37 s 147 sch 2 ; 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.32-ssec.1) The chief executive is to be the chief executive within the meaning of the Public Sector Act 2022 for matters of an administrative nature associated with the discharge of the director’s functions and in respect of officers appointed under section 23 .\n(sec.32-ssec.2) For the purposes of the Financial Accountability Act 2009 the chief executive shall be the accountable officer in respect of the discharge of the director’s functions.\n(sec.32-ssec.3) The director shall do all such things as the chief executive, in the proper performance of the chief executive’s duties as such accountable officer, may require for the purposes of that Act.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Regulation-making power","content":"### sec.33 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 33 sub 1995 No. 58 s 4 sch 1","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Director of prosecutions references etc.","content":"### sec.34 Director of prosecutions references etc.\n\nA reference in an Act or document to the office or holder of the office of—\ndirector of prosecutions is taken to be a reference to the office or holder of the office of director of public prosecutions; and\nacting director of prosecutions is taken to be a reference to the acting director of public prosecutions; and\ndeputy director of prosecutions is taken to be a reference to the office or holder of the office of deputy director of public prosecutions.\ns 34 prev s 34 amd 1985 No. 25 s 7\npres s 34 ins 1994 No. 87 s 3 sch 1\namd 1995 No. 58 s 4 sch 1\n- (a) director of prosecutions is taken to be a reference to the office or holder of the office of director of public prosecutions; and\n- (b) acting director of prosecutions is taken to be a reference to the acting director of public prosecutions; and\n- (c) deputy director of prosecutions is taken to be a reference to the office or holder of the office of deputy director of public prosecutions.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Director of Prosecutions Act 1984 references","content":"### sec.35 Director of Prosecutions Act 1984 references\n\nIn an Act or document, a reference to the Director of Prosecutions Act 1984 is a reference to this Act.\ns 35 ins 1995 No. 58 s 4 sch 1","sortOrder":47}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1984 Act focused primarily on establishing the DPP role and core prosecutorial functions. Over time, the scope was meaningfully expanded through amendments to include: police disclosure obligations (s.24C, added 2003), confidentiality offences for DPP staff (s.24A, added 1997), criminal history checks on employees (s.24B, added 2000), guidelines for criminal proceeds confiscation matters (s.10A, added 2002), and broader investigation assistance powers including from animal welfare inspectors and the Crime and Corruption Commission (s.13). The Act evolved from a simple establishment statute into a more comprehensive governance framework covering staff conduct, evidence obligations, and inter-agency cooperation."},"complexity_factors":["Multiple layers of appointment and employment conditions for different office-holders (director, deputy directors, crown prosecutors, support staff), each with different rules","Complex provisions preserving public service entitlements (seniority, leave, superannuation) for staff transitioning from the public service — these involve multiple cross-references and conditional logic","Interplay with numerous other Acts (Criminal Code, Legal Profession Act 2007, Public Sector Act 2022, Criminal Proceeds Confiscation Act 2002, Financial Accountability Act 2009, State Service Superannuation Act 1972, Crime and Corruption Act 2001, Animal Care and Protection Act 2001, and others)","The Act has been amended many times since 1984, leaving traces of deleted provisions and transitional references that create interpretive ambiguity","Tension between ministerial oversight and operational independence of the DPP requires careful reading to understand the boundaries of each","Confidentiality provisions in section 24A include nuanced exceptions and definitions of 'confidential information' that depend on guidelines issued under another section","Section 29 (entitlement to re-appointment in public service) involves complex conditional logic about continuous employment, suspension, and multiple appointment scenarios"],"plain_english_summary":"## What This Law Does\n\nThis is a Queensland law that creates and governs the **Office of the Director of Public Prosecutions (DPP)** — the government lawyer responsible for deciding whether to prosecute serious criminal cases on behalf of the community.\n\n## Who Is the DPP?\n\nThe DPP is an independent senior lawyer appointed by the Governor in Council (essentially the state government) who:\n- Must have been a qualified lawyer for **at least 10 years**\n- Cannot work in private legal practice without the Minister's permission\n- Is responsible to the Minister but has independent authority over how prosecutions are actually run\n\n## What Does the DPP Actually Do?\n\nThe DPP is responsible for:\n- **Running serious criminal trials** (called \"proceedings on indictment\" — cases serious enough to go before a judge and jury, like murder, rape, or major fraud)\n- **Appeals** in the Court of Appeal and High Court arising from criminal cases\n- **Taking over** less serious cases from police when directed by the Minister\n- **Assisting coroners** (officials who investigate deaths) when directed\n- Potentially handling **Commonwealth (federal) criminal prosecutions** if authorised\n\n## How Are Cases Referred to the DPP?\n\nWhen someone is charged with a serious offence, police or complainants must hand over to the DPP:\n- A full report of what happened\n- All witness statements\n- All relevant documents\n- Any other material the DPP requests\n\n## Police Must Share Everything\n\nA critically important provision: **police investigators must disclose ALL relevant information to the DPP** — including evidence that might help the accused person, not just evidence that supports guilt. This duty continues throughout the entire prosecution. If there is evidence that could cause a jury to doubt the accused's guilt, any police officer must disclose this, even after the main investigation is finished.\n\n## Confidentiality Rules\n\nAnyone who works for the DPP's office — including contractors and people asked to assist — **cannot leak confidential information** they learn through their work. Breaking this rule can result in a fine of up to 100 penalty units (currently around $15,000 in Queensland). This obligation continues even after they leave the role.\n\n## Staff Structure\n\nThe DPP is supported by:\n- **Deputy Directors** (also senior lawyers, appointed for up to 5 years)\n- **Crown Prosecutors** (qualified lawyers who run cases in court)\n- **Other support staff** (appointed under standard public service rules)\n\n## What Happens if the DPP Misbehaves?\n\nThe DPP can be fired for:\n- Misbehaviour or serious health issues affecting capacity\n- Going bankrupt\n- Being absent without leave for too long\n- Working second jobs without permission\n\n## Former Lawyers Becoming DPP\n\nIf the newly appointed DPP was previously a private lawyer who had active cases when appointed, they:\n- **Can still run the DPP office** generally\n- **Cannot personally handle** any of those old cases\n- **Cannot leak** information from their old private legal work to anyone (except the original clients)\n\n## Who Does This Affect?\n\n- **Anyone charged with a serious crime** in Queensland — the DPP decides whether you're prosecuted and how\n- **Victims of serious crime** — the DPP represents the community's interest in bringing offenders to justice\n- **Police** — they have legal obligations to share evidence with the DPP\n- **Lawyers** employed at the DPP's office\n- **The general public** — who benefit from having an independent prosecutorial body that isn't directly controlled by police or politicians on individual cases"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1984 framework. While originally focused on establishing the DPP and basic prosecution functions, it has expanded to include: criminal proceeds confiscation powers (section 10A), detailed confidentiality and non-disclosure regimes (section 24A), criminal history checking powers (section 24B), police disclosure obligations including exculpatory evidence (section 24C), complex public service preservation of rights schemes (sections 28-31), and delegation powers (section 23A). The employment framework has also been repeatedly updated to reflect changes from Public Service Board to various Public Sector Acts."},"complexity_factors":["Multiple appointment frameworks: Director and Deputies appointed under this Act (not Public Sector Act), but Crown Prosecutors appointed under Public Sector Act 2022","Extensive cross-referencing to other legislation including Criminal Code, Public Sector Act 2022, Financial Accountability Act 2009, Coroners Acts, and Criminal Proceeds Confiscation Act 2002","Detailed employment conditions with preservation of public service rights (sections 28-31) involving complex 'deemed' service calculations","Multi-layered disciplinary process for Deputy Directors involving suspension, show cause procedures, and Governor in Council determinations with multiple possible outcomes (sections 21-22)","Multiple defined terms including 'Australian lawyer', 'criminal proceedings', 'confidential information', and 'prescribed office'","Nested exceptions in confidentiality provisions (section 24A) and disclosure duties (section 24C)","Transitional provisions updating references from old 'Director of Prosecutions' to new 'Director of Public Prosecutions' (sections 34-35)"],"plain_english_summary":"This legislation creates the Office of the Director of Public Prosecutions (DPP) in Queensland, establishing an independent body responsible for prosecuting serious criminal cases on behalf of the Crown.\n\n**What it does:**\n- **Establishes the DPP**: Creates the office and appoints a Director (a senior lawyer with at least 10 years' experience) to run it.\n- **Defines the Director's role**: The Director decides which serious criminal cases go to court, conducts prosecutions in the Supreme Court and Court of Appeal, and can take over cases from lower courts when needed. They also assist coroners at inquests.\n- **Sets up the team**: Allows for Deputy Directors (appointed by the Governor in Council for up to 5-year terms) and Crown Prosecutors (lawyers who actually appear in court) to help handle cases.\n- **Controls information**: Makes it an offence for staff to leak confidential information about cases (with a penalty of 100 penalty units). Police must share all relevant evidence with the Director—including evidence that might help the accused person (exculpatory evidence).\n- **Protects public servants**: Ensures that public servants who join the DPP don't lose their existing employment rights, leave entitlements, or superannuation benefits, and can return to the public service if they leave the DPP.\n\n**Who it affects:**\n- Anyone charged with serious criminal offences (indictable offences) in Queensland, as the DPP decides whether to prosecute.\n- Police officers, who must refer certain cases to the DPP and follow the Director's guidelines.\n- Lawyers working as Crown Prosecutors or in the DPP office.\n- Public servants considering moving to work for the DPP.\n\n**Why it matters:**\nThis Act ensures criminal prosecutions are handled independently from police and government, by qualified lawyers acting in the public interest. It balances the Director's independence with accountability to the Attorney-General, and includes important safeguards for fair trials by requiring police to disclose all relevant evidence—including anything that might help the defence."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded and been adjusted since original enactment through inserted and amended provisions. Notable additions or changes in the supplied text include the explicit establishment of the Office and Director (sec 4A, inserted 1994), confidentiality offence and related guidance linkage (sec 24A, inserted 1997), Attorney‑General guidelines for confiscation examinations (sec 10A, inserted 2002), duties on police to disclose investigatory material (sec 24C, inserted 2003), criminal history checks for staff (sec 24B, inserted 2000), and a delegation power for the director (sec 23A, inserted 2017). Several appointment and employment provisions have been updated to interact with the Public Sector Act 2022 and Financial Accountability Act 2009 (e.g. secs 5, 19, 23, 32). These changes broadened operational, staffing and procedural mechanics beyond the Act’s original core of establishing a prosecutorial office."},"complexity_factors":["Multiple appointment and termination procedures with different decision‑makers (Governor in Council, Minister) and statutory limits (secs 5, 6, 17, 19–22).","Interaction and cross‑referencing with several other Acts (Criminal Code; Criminal Proceeds Confiscation Act 2002 — sec 10A; Public Sector Act 2022 — secs 23, 19; Financial Accountability Act 2009 — sec 32; Coroners Acts — sec 10).","Operational discretion and oversight split between director, Minister and Governor in Council (secs 10, 11, 5, 6) requiring reading across responsibility and accountability rules.","Confidentiality and criminal penalties combined with hiring‑screening powers (secs 24A, 24B) create compliance and HR process requirements.","Police disclosure duties and investigatory assistance obligations tie operational effectiveness to other agencies (secs 13, 24C), increasing practical complexity.","Reporting and publication obligations for guidelines/directions and annual reports (secs 11, 16, 10A) impose transparency steps that must be coordinated.","Delegation power for the director (sec 23A) and the power to appoint crown prosecutors and officers (sec 23) mean functions may be split across persons and legal statuses, increasing operational permutations."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a Director of Public Prosecutions (the director) and the Office of the Director of Public Prosecutions (sec 4A). The director is the statutory officer who prepares, institutes and conducts criminal proceedings and related appeals on behalf of the Crown (sec 10). The director may appear personally or through lawyers in the director’s office or private practice (sec 10).\n\n- Sets out how the director and deputies are appointed, their qualifications, terms, salaries and how they can be removed or may resign (secs 5, 6, 17–22). The Governor in Council appoints the director and deputies; appointment terms and employment conditions are determined by that executive body on the Minister’s recommendation (sec 5; sec 19).\n\n- Provides for staff: crown prosecutors and other officers may be appointed to assist the director, and those officers are appointed under the Public Sector Act 2022 (sec 23). The chief executive is the administrative and financial accountable officer for the director’s functions under the Financial Accountability Act 2009 (sec 32).\n\n- Confers operational powers and limits: the director may furnish written prosecution guidelines (not in respect of a particular case) and give directions about which offences should be referred to the director (sec 11). For certain confiscation functions the director is subject to Attorney‑General guidelines that must be gazetted and tabled (sec 10A).\n\n- Creates duties and processes for other actors: police must disclose investigation material that may help the prosecution or the accused to the director while a prosecution decision is being made or proceedings are conducted (sec 24C). Where complainants or others refer matters to the director, they must supply full reports, witness statements and documents the director requires (sec 12). The director can request investigation assistance from police and certain statutory officers; those officers must, “as far as possible,” comply (sec 13).\n\n- Protects confidential information held by people employed under the Act, makes unauthorised disclosure an offence with a maximum penalty (sec 24A), and allows the director to request criminal history checks of employees or applicants (sec 24B).\n\n- Sets reporting and accountability steps: the director must deliver an annual operations report to the Minister which the Minister must lay before the Legislative Assembly (sec 16). The director must provide copies of any guidelines/directions given under sec 11 to the Minister and include them in the annual report (sec 11(2)).\n\n- Contains administrative and transitional provisions about public service rights, superannuation and how references to older office titles are to be read (secs 28–31, 34–35).\n\nStated or plausible rationales and how the Act’s mechanisms map to costs, incentives and trade-offs\n\n- Centralisation and professionalisation claim: by creating a dedicated Office and statutory Director with defined prosecutorial functions (sec 4A; sec 10) the Act enables a single public body to take responsibility for indictable prosecutions and related appeals. That creates a central decision‑maker for prosecutorial charge, consent and conduct.\n  - Costs and who pays: the Act places salary, allowances and employment conditions under the Governor in Council on Ministerial recommendation (sec 5). Ongoing operating costs and staff salaries are public expenditures administered through the chief executive as accountable officer under financial management law (sec 32). Taxpayers ultimately bear these costs.\n  - Incentives and discretion: appointment, reappointment and termination powers rest with the Governor in Council (secs 5, 6) and certain functions are subject to Ministerial direction (sec 10). The director also issues non‑case‑specific guidelines (sec 11). These provisions concentrate appointment and some supervisory decisions in executive entities; they create discretion in appointments, employment conditions and policy direction.\n  - Compliance burden and operational dependence: police must disclose relevant investigation material and exculpatory things to the director while decisions or prosecutions are live (sec 24C). The director may also formally request assistance from police and other statutory officers and those persons must, as far as possible, comply (sec 13). Effective operation therefore depends on coordination with police and other agencies.\n\n- Confidentiality and staff screening claim: the Act prohibits disclosure of confidential information gained through employment and enables criminal history checks of staff and applicants (secs 24A, 24B).\n  - Compliance burden: staff and assisting persons face a legal prohibition on disclosure (sec 24A) with a specified penalty (100 penalty units). Employers (the Office) must run criminal history checks when it requests them (sec 24B). These create compliance costs for personnel and administrative processes for hires.\n\nMarket‑liberal lens: effects on private enterprise, competition and individual choice\n\n- Direct effects on private markets are limited: the Act creates and regulates a public prosecutorial office and its staff, rather than regulating private businesses directly.\n- Effects on lawyers and professional choice: the director is barred from engaging in private practice or other paid employment outside the office without Ministerial consent (sec 7). Crown prosecutors and other lawyers may be appointed to public offices (sec 23). These provisions constrain certain private practice options for the director and create public employment opportunities for lawyers.\n- Contract freedom and independent businesses: the Act does not itself impose controls on private contracts or commercial pricing. Its main interface with private actors is through criminal prosecutions and through obligations on police to disclose investigatory materials (sec 24C), which may indirectly affect litigation strategies and private dispute resolution where criminal liability is involved.\n\nConcentrated benefits, diffuse costs, capture and substitution effects (source‑grounded observations)\n\n- Concentrated benefits: appointments, salaries and prosecutorial authority are concentrated among the director, deputy directors and appointed crown prosecutors (secs 5, 17, 23). Those roles are explicitly remunerated and carry prosecutorial powers.\n- Diffuse costs: the financial and administrative burden of running the Office (salaries, investigations, support functions) are borne by the public sector via the chief executive and financial accountability framework (sec 32).\n- Discretion and capture risk (mechanism): the Act gives appointment and termination powers to the Governor in Council and allows the Minister to direct certain actions and to receive copies of prosecution guidelines (secs 5, 6, 10, 11). Those are mechanisms where executive influence over personnel and some procedural direction exists; the statute also creates internal safeguards such as prohibition on guidance in relation to a particular case (sec 11(1A)) and the requirement that Attorney‑General confiscation guidelines be published and tabled (sec 10A(2)–(4)).\n\nImplementation risks and opportunity costs\n\n- Implementation depends on cooperation by police and other statutory officers (secs 13, 24C). If those agencies do not or cannot provide timely material or assistance, the director’s ability to investigate and prosecute could be impaired.\n- Opportunity cost: public resources devoted to staffing and operating a central prosecutorial office are resources not allocated to other public services; salaries and employment conditions for the director and deputies are executive determinations (secs 5, 19) and may affect public sector wage budgets.\n\nWho decides, who pays, and what behaviour changes\n\n- Who decides: the Governor in Council appoints and can terminate (secs 5, 6); the Minister gives certain directions and receives reports (secs 10, 11, 16); the director decides on charges, prosecutions and guidelines within the powers of the Act (secs 10, 11). The chief executive is the accountable officer for administrative and financial matters (sec 32).\n- Who pays: the Office’s staff and operations are funded from public appropriations administered under financial accountability arrangements (sec 32). Salaries and allowances for director and deputies are fixed by executive decision (secs 5, 19).\n- Behaviour changes required: police must disclose relevant material to the director throughout decision and prosecution periods (sec 24C); complainants referring matters must assemble and deliver full reports and documents (sec 12); employees must keep confidential information secret or face penalty (sec 24A); the director may issue guidance affecting police referral practices (sec 11).\n\nKey statutory references cited in this summary: sec 4A, sec 5, sec 6, sec 7, sec 10, sec 10A, sec 11, sec 12, sec 13, sec 16, secs 17–23 (appointments and conditions), sec 23A (delegation), secs 24–24C (presentments, confidentiality, checks, police disclosure), sec 28–32 (public service rights, superannuation, administrative control)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.10(3)","severity":"medium","reasoning":"Ministerial responsibility is a meaningful legal concept implying oversight and direction. Immediately negating its effect in the same subsection renders the accountability statement legally meaningless. Either the director is responsible to the Minister or not — the carve-out swallows the rule.","confidence":0.72,"description":"The director is simultaneously described as responsible to the Minister, but the section immediately qualifies this by saying nothing in the section shall derogate from or limit the director's authority in conducting proceedings. This creates a functionally hollow accountability relationship — the director is 'responsible' to the Minister in name only, with no enforceable operational consequence."},{"type":"other","section":"sec.24A(4)","severity":"low","reasoning":"The provision means to say the offence applies even where the person independently knew the information before employment. However, the literal text states a person commits an offence based on information that came to their knowledge before it came to their knowledge — a temporal paradox. While the legislative intent is discernible, the literal text is absurd.","confidence":0.78,"description":"The offence of disclosing confidential information is committed 'even if the person knew the information before it came to his or her knowledge because of employment.' This is logically incoherent — a person cannot 'know' information 'before it came to their knowledge.' The drafting attempts to address pre-existing knowledge but produces a grammatical and logical impossibility."},{"type":"self_contradicting","section":"sec.24C(4)","severity":"medium","reasoning":"Under sec.24C(3), the general disclosure duty ends on conviction. But under sec.24C(4), the exculpatory thing disclosure duty continues until discharge, acquittal or death — with no mention of conviction as a terminating event. This means post-conviction, police are still obliged to disclose evidence that might cause a jury to doubt guilt, despite there being no active jury. The definition of exculpatory thing is jury-referenced, making the post-conviction continuation of the duty structurally incoherent.","confidence":0.65,"description":"The duty of any police officer to disclose an 'exculpatory thing' to the director continues until the accused person is discharged, acquitted, or dies. The definition of 'exculpatory thing' is evidence causing a jury to entertain reasonable doubt. However, the duty terminates on acquittal — meaning the disclosure duty ends precisely when it has served its purpose. More absurdly, the duty does not end on conviction, meaning police must continue disclosing exculpatory evidence after a conviction has been entered, when a jury is no longer involved."},{"type":"self_contradicting","section":"sec.32(3)","severity":"medium","reasoning":"The Act goes to considerable lengths to establish the director's independence from the public service (sec.5(3), sec.10(3)). Requiring the director to do whatever the chief executive demands for financial purposes creates a backdoor subordination inconsistent with the independence framework.","confidence":0.6,"description":"The director — who is expressly appointed under this Act and not under the Public Sector Act 2022, and who is responsible (in some sense) to the Minister — is nonetheless obliged to do all things the chief executive (a public service official) may require for financial accountability purposes. This subordinates the independent statutory officer to a public service hierarchy for operational financial purposes, potentially undermining the independence the rest of the Act seeks to protect."},{"type":"other","section":"sec.6(3)(b)","severity":"low","reasoning":"The 14-consecutive-day and 28-day-in-12-months thresholds create an ambiguity: an absence of exactly 14 consecutive working days triggers mandatory termination under both limbs simultaneously. The relationship between the limbs is additive rather than alternative in some fact patterns, creating redundancy and potential double-jeopardy in the mandatory termination provision.","confidence":0.45,"description":"The mandatory termination trigger for absence of 28 working days in any 12-month period could mathematically be satisfied by two separate absences of 14 working days — each of which would independently trigger mandatory termination under the 14 consecutive days limb. The dual limbs potentially overlap in ways that create uncertainty about which applies, and whether both need to be satisfied independently or cumulatively."},{"type":"other","section":"sec.11(1)(a) and sec.11(1A)","severity":"low","reasoning":"The breadth of 'any other person' in sec.11(1)(a)(iii) is not limited by the particular-case restriction in sec.11(1A) in a meaningful way — the problem is the unlimited class of recipients, not just the content restriction. The section creates an absurdly wide power with only a narrow content restriction.","confidence":0.55,"description":"Section 11(1)(a) empowers the director to furnish guidelines to 'any other person' with respect to prosecutions. Section 11(1A) then restricts this power by prohibiting guidelines in relation to a particular case. However, 'any other person' is unlimited in scope, potentially including judges, accused persons, or the general public — recipients for whom prosecution guidelines would be entirely inappropriate regardless of the particular-case restriction."}],"contradictions":[{"severity":"high","section_a":"sec.10(3)","section_b":"sec.10(1)(f)","confidence":0.8,"description":"Section 10(3) states the director is responsible to the Minister but nothing in the section shall limit the director's authority in conducting proceedings. Section 10(1)(f) simultaneously mandates that the director 'shall perform such duties of a legal nature as the Minister may direct.' Mandatory compliance with ministerial directions on legal duties directly contradicts the non-derogation clause protecting the director's authority in proceedings."},{"severity":"medium","section_a":"sec.5(3)","section_b":"sec.32(3)","confidence":0.7,"description":"Section 5(3) establishes the director is appointed under this Act and not under the Public Sector Act 2022, signalling independence from the public service hierarchy. Section 32(3) requires the director to do all things the chief executive (a public sector official) may require for financial accountability purposes, effectively subordinating the director to a public sector officer despite the independence framework."},{"severity":"low","section_a":"sec.10A(2)","section_b":"sec.11(1A)","confidence":0.4,"description":"Both sections prohibit guidelines being furnished in relation to a particular case, but apply to different guideline-issuers (Attorney-General in sec.10A, director in sec.11). While not directly contradictory, the parallel structure creates an internal inconsistency: sec.10A(2) prohibits the Attorney-General from case-specific guidelines to the director, but sec.11(1)(a) allows the director to issue guidelines to 'any other person' (subject to sec.11(1A)), potentially including the Attorney-General — creating a circular or asymmetric restriction regime."},{"severity":"medium","section_a":"sec.24C(3)","section_b":"sec.24C(4)","confidence":0.72,"description":"Section 24C(3) specifies that the general disclosure duty under sec.24C(2) ends when the prosecution ends (including by conviction). Section 24C(4) imposes a separate duty to disclose exculpatory things that ends only on discharge, acquittal, or death — not on conviction. This creates a contradiction where, after conviction, the general disclosure duty has ceased but the exculpatory disclosure duty continues, even though exculpatory evidence is defined by reference to jury reasonable doubt — a standard inapplicable post-conviction."},{"severity":"medium","section_a":"sec.7","section_b":"sec.6(3)(c)","confidence":0.67,"description":"Section 7 prohibits the director from engaging in outside paid employment or professional practice without Ministerial consent. Section 6(3)(c) mandates termination if the director contravenes section 7. However, section 6(2) gives the Governor in Council a discretionary power to terminate for 'misbehaviour.' A technical breach of section 7 (e.g., minor inadvertent professional activity) triggers mandatory termination under sec.6(3), whereas serious misbehaviour only triggers discretionary termination under sec.6(2) — inverting the proportionality of the termination regime."},{"severity":"medium","section_a":"sec.17","section_b":"sec.5(1A)","confidence":0.65,"description":"Section 5(1A) requires the director to be an Australian lawyer admitted to practise for not less than 10 years. Section 17 requires deputy directors to be Australian lawyers but imposes no minimum years of admission. A deputy director who acts for the director under section 27(3) would be exercising the full functions of the director without meeting the experience threshold required of the director — creating an inconsistency in qualification standards for the effective discharge of the director's role."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/director-of-public-prosecutions-act-1984","history":"/api/acts/director-of-public-prosecutions-act-1984/history","analysis":"/api/acts/director-of-public-prosecutions-act-1984/analysis","conflicts":"/api/acts/director-of-public-prosecutions-act-1984/conflicts","importantCases":"/api/acts/director-of-public-prosecutions-act-1984/important-cases","documents":"/api/acts/director-of-public-prosecutions-act-1984/documents"}}