{"id":"nsw:act-1986-207","name":"Director of Public Prosecutions Act 1986","slug":"director-of-public-prosecutions-act-1986","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"207 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107420,"registerId":"nsw-act-1986-207-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > appeal includes any proceedings in the nature of an appeal, including—\n> > \n> > > (a) any proceedings under Part 3, 4 or 5 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), and\n> > \n> > > (b) any proceedings referred to in section 69 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n> > \n> > committal proceedings means proceedings before a Judge of the Local Court for the purpose of committing an accused person for trial or sentence.\n> > \n> > coroner includes any person exercising any of the jurisdiction or functions of a coroner.\n> > \n> > Deputy Director means a Deputy Director of Public Prosecutions.\n> > \n> > Director means the Director of Public Prosecutions.\n> > \n> > indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.\n> > \n> > law enforcement or investigating officer, for an alleged offence, has the same meaning as in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).\n> > \n> > offence means an offence against the laws of the State.\n> > \n> > Officer means the Director, a Deputy Director, the Solicitor or a member of the staff referred to in section 32.\n> > \n> > prescribed summary offence means a summary offence of a kind prescribed by the regulations for the purposes of this Act.\n> > \n> > prosecutor includes an informant, a complainant and an applicant under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> > \n> > regulations means regulations under this Act.\n> > \n> > Solicitor means the Solicitor for Public Prosecutions.\n> > \n> > summary offence means an offence that is not an indictable offence.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 3:** Am 1998 No 137, Sch 2.9; 2001 No 121, Sch 2.84 \\[1\\]–\\[3\\]; 2006 No 73, Sch 3.10 \\[1\\]; 2007 No 80, Sch 2.11 \\[1\\]; 2015 No 15, Sch 2.15; 2017 No 55, Sch 3.4 \\[1\\]; 2022 No 49, Sch 1.3\\[1\\]; 2025 No 61, Sch 2.35\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Senior Officers","content":"# Part 2 Senior Officers\n\nPart 2 Senior Officers","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Guidelines for Senior Officer appointments","content":"#### 3A Guidelines for Senior Officer appointments\n\n3A Guidelines for Senior Officer appointments\n\n> The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) to any office under this Act. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment.\n> \n> **s 3A:** Ins 2007 No 51, Sch 1 \\[1\\].","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Director","content":"#### 4 Director\n\n4 Director\n\n> > (1) The Governor may appoint a Director of Public Prosecutions.\n> \n> > (2) The Director shall have and may exercise the functions conferred or imposed on the Director by or under this or any other Act.\n> \n> > (3) The Director is responsible to the Attorney General for the due exercise of the Director’s functions, but nothing in this subsection affects or derogates from the authority of the Director in respect of the preparation, institution and conduct of any proceedings.","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Veto of proposed appointment of Director","content":"#### 4A Veto of proposed appointment of Director\n\n4A Veto of proposed appointment of Director\n\n> > (1) A person is not to be appointed as Director until—\n> > \n> > > (a) a proposal that the person be appointed has been referred to the Committee on the Office of the Ombudsman under section 31BA of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), and\n> > \n> > > (b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.\n> \n> > (2) A person may be proposed for appointment on more than one occasion.\n> \n> > (3) In this section, appointment includes re-appointment.\n> \n> **s 4A:** Ins 1992 No 43, Sch 1.","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Deputy Directors","content":"#### 5 Deputy Directors\n\n5 Deputy Directors\n\n> > (1) The Governor may appoint one or more Deputy Directors of Public Prosecutions.\n> \n> > (2) A Deputy Director shall have and may exercise the functions conferred or imposed on a Deputy Director by or under this or any other Act.\n> \n> > (3) A Deputy Director is responsible to the Director for the due exercise of the Deputy Director’s functions.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Solicitor for Public Prosecutions","content":"#### 6 Solicitor for Public Prosecutions\n\n6 Solicitor for Public Prosecutions\n\n> > (1) The Governor may appoint a Solicitor for Public Prosecutions.\n> \n> > (2) The Solicitor shall have and may exercise the functions conferred or imposed on the Solicitor by or under this or any other Act.\n> \n> > (3) The Solicitor is responsible to the Director for the due exercise of the Solicitor’s functions.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions","content":"# Part 3 Functions\n\nPart 3 Functions","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Principal functions","content":"#### 7 Principal functions\n\n7 Principal functions\n\n> > (1) The principal functions and responsibilities of the Director are—\n> > \n> > > (a) to institute and conduct, on behalf of the Crown, prosecutions (whether on indictment or summarily) for indictable offences in the Supreme Court and the District Court,\n> > \n> > > (b) to institute and conduct, on behalf of the Crown, appeals in any court in respect of any such prosecution, and\n> > \n> > > (c) to conduct, on behalf of the Crown as respondent, any appeal in any court in respect of any such prosecution.\n> \n> > (2) The Director has the same functions as the Attorney General in relation to—\n> > \n> > > (a) finding a bill of indictment, or determining that no bill of indictment be found, in respect of an indictable offence, in circumstances where the person concerned has been committed for trial,\n> > \n> > > (b) directing that no further proceedings be taken against a person who has been committed for trial or sentence, and\n> > \n> > > (c) finding a bill of indictment in respect of an indictable offence, in circumstances where the person concerned has not been committed for trial.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Instituting other proceedings","content":"#### 8 Instituting other proceedings\n\n8 Instituting other proceedings\n\n> > (1) The Director may institute and conduct—\n> > \n> > > (a) committal proceedings for indictable offences,\n> > \n> > > (b) proceedings for summary offences in any court, and\n> > \n> > > (c) summary proceedings for indictable offences that may be dealt with summarily in the Local Court.\n> \n> > (2) If the Director has instituted any such proceeding, the Director may—\n> > \n> > > (a) institute and conduct, on behalf of the Crown or the prosecution, appeals in any court arising from the proceeding, and\n> > \n> > > (b) conduct, as respondent, appeals in any court arising from the proceeding.\n> \n> > (3) The Director may not exercise any function under this section in respect of a summary offence, unless—\n> > \n> > > (a) the offence is a prescribed summary offence, or\n> > \n> > > (b) the person otherwise responsible for the prosecution or proceeding concerned has consented in writing.\n> \n> **s 8:** Am 2007 No 94, Sch 1.30.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Taking over prosecutions or proceedings","content":"#### 9 Taking over prosecutions or proceedings\n\n9 Taking over prosecutions or proceedings\n\n> > (1) If a prosecution or proceeding in respect of an offence (whether it is an indictable offence or a summary offence) has been instituted by a person other than the Director, the Director may take over the matter and—\n> > \n> > > (a) carry on the prosecution or proceeding,\n> > \n> > > (b) carry on, on behalf of the prosecution or as respondent, an appeal in any court in respect of the offence,\n> > \n> > > (c) institute and conduct, on behalf of the prosecution, an appeal in any court in respect of the offence, and\n> > \n> > > (d) conduct, as respondent, an appeal in any court in respect of the offence.\n> \n> > (2) The Director may not take over a matter under this section involving a summary offence, unless—\n> > \n> > > (a) the offence is a prescribed summary offence, or\n> > \n> > > (b) a person otherwise responsible for the matter has consented in writing.\n> \n> > (3) Except as provided by subsection (2), the Director may take over a matter under this section whether or not the person otherwise responsible for the matter consents.\n> \n> > (4) If the Director takes over a matter under this section—\n> > \n> > > (a) the Director shall, as from the time when the Director complies with section 10 (1) in relation to the matter, be deemed to be the prosecutor in connection with the prosecution or proceeding concerned, and\n> > \n> > > (b) the Director may decline to proceed further in the prosecution or to carry the proceeding further.\n> \n> > (5) For the purposes of this section, proceeding includes any application, appeal or other proceeding commenced under Division 1A of Part 3 of the [Confiscation of Proceeds of Crime Act 1989](/view/html/inforce/current/act-1989-090).\n> \n> **s 9:** Am 1987 No 209, Sch 10 (1); 2006 No 107, Sch 1.12.","sortOrder":13},{"sectionNumber":"9A","sectionType":"section","heading":"Handing back of matters to original prosecutor","content":"#### 9A Handing back of matters to original prosecutor\n\n9A Handing back of matters to original prosecutor\n\n> > (1) If a prosecution or proceeding that has been taken over by the Director under section 9 is remitted to the Local Court, the Director may hand the matter back to the prosecutor from whom it was taken over (the original prosecutor) or, if the original prosecutor (being a holder of a position in the Public Service or as a member of the NSW Police Force) no longer holds that position, to the person now holding that position (the original prosecutor’s successor).\n> \n> > (2) If a matter is handed back under this section, the original prosecutor or the original prosecutor’s successor, as the case may be, shall, as from the time when the Director complies with section 10 (1A) in relation to the matter, be deemed to be the prosecutor in connection with the matter.\n> \n> **s 9A:** Ins 2008 No 53, Sch 11 \\[1\\]. Am 2015 No 15, Sch 3.20 \\[1\\].","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Director to inform court etc when taking over, or handing back, proceedings","content":"#### 10 Director to inform court etc when taking over, or handing back, proceedings\n\n10 Director to inform court etc when taking over, or handing back, proceedings\n\n> > (1) If the Director decides to take over a matter in accordance with section 9, the Director shall, as soon as practicable—\n> > \n> > > (a) by notice in writing, inform the person otherwise responsible for the matter, and\n> > \n> > > (b) if the matter is pending before a court—\n> > > \n> > > > (i) by notice in writing, inform the registrar or other proper officer of the court in which the prosecution or proceeding concerned is to be heard, or\n> > > \n> > > > (ii) if the prosecution or proceeding is being heard by a Judge—in such manner as the Director thinks fit, inform the Judge,\n> > \n> > that the Director has taken over the matter.\n> \n> > (1A) If the Director hands a matter back in accordance with section 9A, the Director shall, as soon as practicable—\n> > \n> > > (a) by notice in writing, inform the original prosecutor (or the original prosecutor’s successor) referred to in section 9A, and\n> > \n> > > (b) by notice in writing, inform the registrar or other proper officer of the Local Court in which the prosecution or proceeding concerned is to be heard,\n> > \n> > that the Director has handed the matter back to the original prosecutor (or the original prosecutor’s successor).\n> \n> > (2) Failure by the Director to notify or inform does not affect any of the Director’s functions in relation to the matter.\n> \n> **s 10:** Am 2001 No 121, Sch 2.84 \\[4\\] \\[5\\]; 2008 No 53, Sch 11 \\[2\\]; 2025 No 61, Sch 2.35\\[2\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Consents","content":"#### 11 Consents\n\n11 Consents\n\n> > (1) The Director may consent to prosecutions for offences, being offences of a kind in relation to which an order under subsection (2) is in force.\n> \n> > (2) A person who has, under a law of the State, the power to consent to prosecutions for offences of a particular kind may, by order published in the Gazette, authorise the Director to consent to prosecutions for offences of that kind.\n> \n> > (3) Such an authorisation may not be given by a person who has that power by virtue of an authorisation granted to the person by another person.\n> \n> > (4) The mere giving of an authorisation under this section does not prevent the giving of a consent by a person who, but for this section, would have power to give a consent.\n> \n> > (5) If the Director consents to a prosecution for an offence, being an offence of a kind to which an order under subsection (2) is in force, the prosecution may be instituted and conducted without the consent of any other person.\n> \n> > (6) The Director shall notify the person who gives an authorisation under this section of the giving or refusing of consent under the authorisation.\n> \n> > (7) If the Director gives or refuses consent under an authorisation under this section, the person who gives the authorisation is bound by the Director’s decision.\n> \n> > (8) In this section—\n> > \n> > consent includes authorisation, sanction and any similar authority.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Coroners","content":"#### 12 Coroners\n\n12 Coroners\n\n> The Director may, with the consent of the coroner, assist a coroner in any inquest or inquiry.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Guidelines to Crown Prosecutors etc by Director","content":"#### 13 Guidelines to Crown Prosecutors etc by Director\n\n13 Guidelines to Crown Prosecutors etc by Director\n\n> > (1) The Director may, by order in writing, furnish guidelines to the Deputy Directors, the Solicitor and the Crown Prosecutors with respect to the prosecution of offences, including guidelines as to the exercise of specified functions (whether statutory or not).\n> \n> > (2) Guidelines may not be furnished in relation to particular cases.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Recommendations and guidelines to police etc by Director","content":"#### 14 Recommendations and guidelines to police etc by Director\n\n14 Recommendations and guidelines to police etc by Director\n\n> > (1) The Director may recommend to—\n> > \n> > > (a) the Commissioner of Police, or\n> > \n> > > (b) any other person who—\n> > > \n> > > > (i) conducts investigations in relation to offences, or\n> > > \n> > > > (ii) institutes or conducts prosecutions for offences,\n> > \n> > that proceedings be instituted in respect of any offence.\n> \n> > (2) The Director may, by order in writing, and after consultation with the Attorney General, furnish guidelines to the Commissioner of Police or any such person with respect to the prosecution of indictable offences or prescribed summary offences.\n> \n> > (3) Guidelines may not be furnished in relation to particular cases.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Provisions relating to guidelines","content":"#### 15 Provisions relating to guidelines\n\n15 Provisions relating to guidelines\n\n> > (1) The Director shall—\n> > \n> > > (a) give to the Attorney General a copy of each guideline furnished under this Part, and\n> > \n> > > (b) include in a report under section 34—\n> > > \n> > > > (i) a copy of each guideline furnished during the period to which the report relates, and\n> > > \n> > > > (ii) the title of, and a brief description of any publication containing, each guideline furnished as in force at the end of that period.\n> \n> > (2) The persons to whom guidelines are furnished under this Part are subject to the guidelines.\n> \n> **s 15:** Am 1997 No 55, Sch 1.4.","sortOrder":20},{"sectionNumber":"15A","sectionType":"section","heading":"Disclosures by law enforcement or investigating officers","content":"#### 15A Disclosures by law enforcement or investigating officers\n\n15A Disclosures by law enforcement or investigating officers\n\n> > (1) Law enforcement or investigating officers for alleged offences have a duty to disclose to the Director all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.\n> \n> > (1A) The duty of disclosure arises only if the Director exercises any function under this Act or Part 2 of Chapter 3 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) with respect to the prosecution of the offence (including in connection with a law enforcement or investigating officer seeking advice from the Director under section 14A of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) about the commencement of proceedings for an offence).\n> \n> > (2) The duty of disclosure continues until one of the following happens—\n> > \n> > > (a) the Director decides that the accused person will not be prosecuted for the alleged offence,\n> > \n> > > (b) the prosecution is terminated,\n> > \n> > > (c) the accused person is convicted or acquitted.\n> \n> > (3) Law enforcement or investigating officers for alleged offences also have a duty to retain any such documents or other things for so long as the duty to disclose them continues under this section. This subsection does not affect any other legal obligation with respect to the possession of the documents or other things.\n> \n> > (4) The regulations may make provision for or with respect to the duties of law enforcement or investigating officers under this section, including for or with respect to—\n> > \n> > > (a) the recording of any such information, documents or other things, and\n> > \n> > > (b) verification of compliance with any such duty.\n> \n> > (5) The duty imposed by this section is in addition to any other duties of law enforcement or investigating officers in connection with the investigation and prosecution of offences.\n> \n> > (6) The duty imposed by this section does not require law enforcement or investigating officers to provide to the Director any information, documents or other things—\n> > \n> > > (a) that are the subject of a claim of privilege, public interest immunity or statutory immunity, or\n> > \n> > > (b) that would contravene a statutory publication restriction if so provided.\n> \n> > (7) The duty of a law enforcement or investigating officer in such a case is to inform the Director of—\n> > \n> > > (a) the existence of any information, document or other thing of that kind, and\n> > \n> > > (b) the nature of that information, document or other thing and the claim or publication restriction relating to it.\n> > \n> > However, a law enforcement or investigating officer must provide to the Director any information, document or other thing of that kind if the Director requests it to be provided.\n> \n> > (8) (Repealed)\n> \n> > (9) In this section—\n> > \n> > statutory publication restriction means a prohibition or restriction on publication that is imposed by or under—\n> > \n> > > (a) section 176 (Disclosure and use of examination material) or 177 (Disclosure and use of evidence given at examination) of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), or\n> > \n> > > (b) section 45 or 45A of the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), or\n> > \n> > > (c) section 112 of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035).\n> \n> **s 15A:** Ins 2001 No 7, Sch 2. Am 2011 No 65, Sch 1 \\[1\\]; 2012 No 80, Sch 1 \\[1\\]–\\[3\\]; 2015 No 15, Sch 3.20 \\[2\\]; 2016 No 61, Sch 6.16 \\[1\\]–\\[6\\]; 2017 No 55, Sch 3.4 \\[2\\]; 2022 No 49, Sch 1.3\\[2\\]–\\[7\\].","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Directions to police etc by Director","content":"#### 16 Directions to police etc by Director\n\n16 Directions to police etc by Director\n\n> > (1) The Director may, by order in writing, give directions referred to in subsection (2) to—\n> > \n> > > (a) the Commissioner of Police, or\n> > \n> > > (b) any other person who institutes or conducts prosecutions for offences.\n> \n> > (2) Directions may be given requiring specified information or kinds of information to be referred to the Director for the purpose of enabling the Director to consider—\n> > \n> > > (a) instituting or carrying on a prosecution or prosecutions for a specified offence or class of offences,\n> > \n> > > (b) instituting, carrying on or taking over proceedings for a specified offence or class of offences, or\n> > \n> > > (c) instituting, carrying on or taking over other proceedings in connection with functions conferred on the Director whether under this Act or otherwise.\n> \n> > (3) A person to whom such a direction is given shall comply with the direction.\n> \n> > (4) In this section—\n> > \n> > offence means an indictable offence or a prescribed summary offence.\n> \n> **s 16:** Am 1987 No 209, Sch 10 (2).","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Provision of information to Director","content":"#### 17 Provision of information to Director\n\n17 Provision of information to Director\n\n> > (1) If a prosecution for an offence has been instituted by a person other than the Director and—\n> > \n> > > (a) the Director informs the person that the Director is considering taking over the prosecution,\n> > \n> > > (b) the Director takes over the prosecution, or\n> > \n> > > (c) the person considers that the Director should take over the prosecution,\n> > \n> > the person shall furnish to the Director the relevant information or material.\n> \n> > (2) The relevant information or material is—\n> > \n> > > (a) a full report of the circumstances of the matter,\n> > \n> > > (b) a copy of the statements of any witnesses,\n> > \n> > > (c) each material document in the possession of the person, and\n> > \n> > > (d) such other information or material as the Director requires.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Request for assistance from police etc by Director","content":"#### 18 Request for assistance from police etc by Director\n\n18 Request for assistance from police etc by Director\n\n> > (1) If the Director is considering instituting or taking over, or has instituted or taken over, a prosecution for an offence, the Director may, by order in writing, request—\n> > \n> > > (a) the Commissioner of Police, or\n> > \n> > > (b) any other person who—\n> > > \n> > > > (i) conducts investigations in relation to offences, or\n> > > \n> > > > (ii) institutes or conducts prosecutions for offences,\n> > \n> > to investigate or further investigate matters associated with the alleged commission of the offence.\n> \n> > (2) The Commissioner or other person shall, so far as practicable, comply with the request.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Indemnities and undertakings","content":"#### 19 Indemnities and undertakings\n\n19 Indemnities and undertakings\n\n> > (1) The Director may request the Attorney General to exercise the function of the Attorney General—\n> > \n> > > (a) to grant indemnity from prosecution (whether on indictment or summarily), or\n> > \n> > > (b) to give an undertaking that an answer, statement or disclosure will not be used in evidence.\n> \n> > (2) The Director may not grant such an indemnity or give such an undertaking.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Other functions of Director","content":"#### 20 Other functions of Director\n\n20 Other functions of Director\n\n> > (1) The functions of the Director include the following—\n> > \n> > > (a) to exercise such functions as are prescribed,\n> > \n> > > (b) to do anything incidental or conducive to the exercise of any functions of the Director.\n> \n> > (2) The Director may advise and assist any Crown Prosecutor, any member of the Police Force or, if so directed by the Attorney General, any other person in respect of the conduct of criminal proceedings.","sortOrder":26},{"sectionNumber":"20A","sectionType":"section","heading":"Proceedings for order under Crimes (Domestic and Personal Violence) Act 2007","content":"#### 20A Proceedings for order under Crimes (Domestic and Personal Violence) Act 2007\n\n20A Proceedings for order under [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080)\n\n> > (1) The Director may institute and conduct, on behalf of an applicant, proceedings for an order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080) in the Local Court, the Children’s Court or the District Court.\n> \n> > (2) Even if the Director does not institute and conduct such proceedings, the Director may—\n> > \n> > > (a) institute and conduct, on behalf of an applicant, appeals in any court arising from such proceedings, and\n> > \n> > > (b) conduct, on behalf of an applicant as respondent, appeals in any court arising from such proceedings.\n> \n> > (3) This Act applies in relation to any proceedings for an order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080) as if the proceedings were a prosecution or proceedings in respect of an offence.\n> \n> **s 20A:** Ins 1996 No 93, Sch 2. Am 1998 No 149, Sch 2.6; 2006 No 73, Sch 3.10 \\[2\\]; 2007 No 80, Sch 2.11 \\[2\\]; 2007 No 94, Sch 2.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Appearances by and on behalf of Director","content":"#### 21 Appearances by and on behalf of Director\n\n21 Appearances by and on behalf of Director\n\n> The Director may appear in person or may be represented by counsel or a solicitor in—\n> \n> > (a) any proceedings which are conducted or carried on by the Director or to which the Director is otherwise a party, or\n> \n> > (b) any inquest or inquiry in which the Director is assisting a coroner.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Functions of Deputy Directors","content":"#### 22 Functions of Deputy Directors\n\n22 Functions of Deputy Directors\n\n> > (1) A Deputy Director shall assist the Director, as the Director requires.\n> \n> > (2) A Deputy Director has the same functions as a Crown Prosecutor.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Functions of Solicitor","content":"#### 23 Functions of Solicitor\n\n23 Functions of Solicitor\n\n> The functions of the Solicitor are—\n> \n> > (a) to act as solicitor for the Director in the exercise of the Director’s functions, and\n> \n> > (b) to instruct the Crown Prosecutors and other counsel on behalf of the Director.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Offences under Commonwealth laws","content":"#### 24 Offences under Commonwealth laws\n\n24 Offences under Commonwealth laws\n\n> If an Officer, with the consent of the Attorney General, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth, the Officer may institute and conduct (in accordance with the terms of the appointment, commission or authority) prosecutions for such offences.","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"The Attorney General","content":"# Part 4 The Attorney General\n\nPart 4 The Attorney General","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Consultation","content":"#### 25 Consultation\n\n25 Consultation\n\n> > (1) The Director shall, if requested to do so by the Attorney General, consult with the Attorney General with respect to matters concerning the exercise of the Director’s functions.\n> \n> > (2) The Attorney General shall, if requested to do so by the Director, consult with the Director with respect to matters concerning the exercise of the Director’s functions.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Guidelines by Attorney General","content":"#### 26 Guidelines by Attorney General\n\n26 Guidelines by Attorney General\n\n> > (1) In the exercise of the Director’s functions, the Director is subject to such guidelines as the Attorney General, after consultation with the Director, furnishes to the Director by order in writing.\n> \n> > (2) Without limiting the generality of subsection (1), guidelines may relate to the circumstances in which the Director should institute or carry on prosecutions for offences.\n> \n> > (3) A guideline may not be furnished in relation to a particular case.\n> \n> > (4) If the Attorney General furnishes a guideline under this section, the Attorney General shall—\n> > \n> > > (a) as soon as practicable after furnishing it, cause a copy of the order to be published in the Gazette, and\n> > \n> > > (b) cause a copy of the order to be laid before each House of Parliament within 14 sitting days of that House after publication.\n> \n> > (5) For the purposes of this section, sitting days shall be counted whether or not they occur during the same session.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Attorney General to notify Director of bills and no bills","content":"#### 27 Attorney General to notify Director of bills and no bills\n\n27 Attorney General to notify Director of bills and no bills\n\n> > (1) The Attorney General shall notify the Director whenever the Attorney General exercises any of the following functions—\n> > \n> > > (a) finding a bill of indictment, or determining that no bill of indictment be found, in respect of an indictable offence, in circumstances where the person concerned has been committed for trial,\n> > \n> > > (b) directing that no further proceedings be taken against a person who has been committed for trial or sentence,\n> > \n> > > (c) finding a bill of indictment in respect of an indictable offence, in circumstances where the person concerned has not been committed for trial,\n> > \n> > > (d) appealing under section 5D of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) to the Court of Criminal Appeal against a sentence.\n> \n> > (2) The Director shall include in a report under section 34 information as to the notifications received by the Director from the Attorney General under this section during the period to which the report relates.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Attorney General’s functions to prevail","content":"#### 28 Attorney General’s functions to prevail\n\n28 Attorney General’s functions to prevail\n\n> > (1) The Director shall not, without the consent of the Attorney General, exercise a function in a manner that is inconsistent with the manner in which the Attorney General has, after the commencement of this section, already exercised a function in relation to the same matter.\n> \n> > (2) If the Attorney General has, before the commencement of this section, determined that no bill of indictment be found in respect of an offence, or has directed that no further proceedings be taken against a person in respect of an offence, the Director shall not exercise a function in a manner that is inconsistent with the determination or direction, unless the Director is satisfied that—\n> > \n> > > (a) significant fresh evidence has been produced that was not previously available for consideration, or\n> > \n> > > (b) the determination or direction was obtained by fraud,\n> > \n> > and that in all the circumstances it is in the interests of justice that the matter be re-opened.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Director may make request to Attorney General","content":"#### 29 Director may make request to Attorney General\n\n29 Director may make request to Attorney General\n\n> If the Director considers it desirable in the interests of justice that the Director should not exercise certain functions in relation to a particular case, the Director may request the Attorney General to exercise the Attorney General’s corresponding functions.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Attorney General’s powers not affected","content":"#### 30 Attorney General’s powers not affected\n\n30 Attorney General’s powers not affected\n\n> Nothing in this Act affects any functions of the Attorney General that the Attorney General has apart from this Act.","sortOrder":38},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Provisions relating to appointment etc of Director etc","content":"#### 31 Provisions relating to appointment etc of Director etc\n\n31 Provisions relating to appointment etc of Director etc\n\n> Schedule 1 has effect.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Staff","content":"#### 32 Staff\n\n32 Staff\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Director and Solicitor to exercise their functions.\n> \n> Note.\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Director or Solicitor makes use of) may be referred to as officers or employees, or members of staff, of the Director or Solicitor. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Director and Solicitor from employing staff.\n> \n> **s 32:** Subst 2015 No 15, Sch 3.20 \\[3\\].","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Delegation","content":"#### 33 Delegation\n\n33 Delegation\n\n> > (1) The Director may delegate to—\n> > \n> > > (a) an Officer,\n> > \n> > > (b) a Crown Prosecutor, or\n> > \n> > > (c) a person approved by the Attorney General,\n> > \n> > the exercise of any of the Director’s functions (other than this power of delegation).\n> \n> > (2) The Director may not delegate the exercise of any of the following functions, except to a Deputy Director—\n> > \n> > > (a) determining that no bill of indictment be found, in respect of an indictable offence, in circumstances where the person concerned has been committed for trial,\n> > \n> > > (b) directing that no further proceedings be taken against a person who has been committed for trial or sentence,\n> > \n> > > (c) finding a bill of indictment in respect of an indictable offence, in circumstances where the person concerned has not been committed for trial,\n> > \n> > > (d) appealing under section 5D of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) to the Court of Criminal Appeal against a sentence.\n> \n> > (3) A delegation—\n> > \n> > > (a) shall be in writing,\n> > \n> > > (b) may be general or limited, and\n> > \n> > > (c) may be revoked, wholly or partly, by the Director.\n> \n> > (4) A delegate is, in the exercise of a delegated function, subject to such conditions as are specified in the instrument of delegation.\n> \n> > (5) A delegated function, when exercised by the delegate, shall be deemed to have been exercised by the Director.\n> \n> > (6) A delegation does not prevent the exercise of a function by the Director.\n> \n> > (7) A function purporting to have been exercised by a delegate shall, until the contrary is proved be deemed to have been duly exercised by a delegate under this section.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Annual report","content":"#### 34 Annual report\n\n34 Annual report\n\n> > (1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Director shall prepare and forward to the Attorney General a report of the work and activities of the Director for the 12 months ending on 30 June in that year.\n> \n> > (2) The Attorney General shall lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.\n> \n> > (3) The report shall not identify persons who have been the subject of consideration under this Act in relation to alleged offences, unless the persons have appeared before a court in relation to the alleged offences.","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Protection from liability","content":"#### 35 Protection from liability\n\n35 Protection from liability\n\n> > (1) In this section—\n> > \n> > prescribed person means an Officer, a Crown Prosecutor or any person assisting an Officer or Crown Prosecutor.\n> > \n> > relevant law means this Act or any other Act or law to the extent that the other Act or law confers or imposes functions on the Director.\n> \n> > (2) No matter or thing done by a prescribed person shall, if the matter or thing was done in good faith for the purpose of executing any relevant law, subject any prescribed person personally to any action, liability, claim or demand.\n> \n> > (3) A prescribed person is entitled to be indemnified by the State for any costs awarded against the prescribed person personally in any proceedings in which the prescribed person is involved through the execution of any relevant law.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 36 Savings and transitional provisions\n\n36 Savings and transitional provisions\n\n> > (1) This Act applies to offences committed before the commencement of this subsection, as well as to offences committed afterwards.\n> \n> > (2) Anything duly done by or in the name of the Attorney General before the commencement of this subsection is not affected by anything in this Act.\n> \n> > (3) The person holding office as Solicitor for Public Prosecutions immediately before the commencement of section 6 shall be deemed to have been appointed as Solicitor for Public Prosecutions under this Act.\n> \n> > (4) The amendments made to Schedule 1 by the [Crown Law Officers Legislation Amendment (Abolition of Life Tenure) Act 2007](/view/html/repealed/current/act-2007-051) do not apply to a Senior Officer in respect of any office held by the Senior Officer immediately before the commencement of that Act.\n> \n> > (5) Clause 10 of Schedule 1 (as amended by the [Courts and Other Legislation Amendment Act 2011](/view/html/repealed/current/act-2011-008)) extends to any appointment to the office of Director made on or after the day on which the Bill for that Act was first introduced into Parliament.\n> \n> > (6) A person who holds office as a Deputy Director or the Solicitor immediately before the commencement of the [Crown Law Officers Legislation Amendment (Retirement Age) Act 2011](/view/html/repealed/current/act-2011-034) and who was appointed for a specified term of office shorter than 7 years is taken to have been appointed for a term of 7 years.\n> \n> > (7) Subsection (6) does not apply to the term of office of a person appointed to act as a Deputy Director or the Solicitor.\n> \n> > (8) The amendments made to this Act by the [Crown Law Officers Legislation Amendment (Retirement Age) Act 2011](/view/html/repealed/current/act-2011-034) do not affect any right preserved by this section to hold office beyond a retiring age provided by this Act.\n> \n> > (9) The amendments made to this Act by the [Courts and Crimes Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-011)—\n> > \n> > > (a) extend to the person holding the office of Director immediately before the day on which the Bill for the [Courts and Crimes Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-011) was first introduced into Parliament, and\n> > \n> > > (b) do not apply to or in respect of any person who ceased to hold office as Director before that day.\n> \n> > (10) Section 15A (6), as inserted by the [Director of Public Prosecutions Amendment (Disclosures) Act 2011](/view/html/repealed/current/act-2011-065), extends to proceedings for indictable offences commenced before the commencement of that subsection.\n> \n> > (11) Anything done or omitted to be done before the commencement of section 15A (6), as so inserted, by a police officer, the Director or any other person having functions with respect to the prosecution of indictable offences, that would have been validly done or omitted if section 15A (6) had been in force at the time that it was done or omitted, is taken to have been validly done or omitted to be done.\n> \n> Note.\n> \n> For savings and transitional provisions relating to amendments made to this Act after 2011, see Schedule 2.\n> \n> **s 36:** Am 2007 No 51, Sch 1 \\[2\\]; 2011 No 8, Sch 1.2 \\[1\\]; 2011 No 34, Sch 1 \\[1\\]; 2011 No 65, Sch 1 \\[2\\]; 2012 No 11, Sch 1.3 \\[1\\]; 2012 No 80, Sch 1 \\[4\\] \\[5\\].","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Regulations","content":"#### 37 Regulations\n\n37 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A provision of a regulation may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> > (3) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—\n> > \n> > > [Crown Law Officers Legislation Amendment (Retirement Age) Act 2011](/view/html/repealed/current/act-2011-034)\n> > \n> > > [Courts and Crimes Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-011)\n> > \n> > > any Act that amends this Act\n> \n> > (4) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.\n> \n> > (5) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.\n> \n> **s 37:** Am 2011 No 34, Sch 1 \\[2\\]; 2012 No 11, Sch 1.3 \\[2\\]; 2012 No 80, Sch 1 \\[6\\].","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to Senior Officers","content":"# Schedule 1 Provisions relating to Senior Officers\n\nSchedule 1 Provisions relating to Senior Officers\n\n(Section 31)\n\n**sch 1:** Am 1987 No 48, Sch 30; 1990 No 99, Sch 4; 1991 No 17, Sch 2; 1993 No 87, Sch 5; 1999 No 94, Sch 4.106; 2005 No 31, Sch 14.1; 2007 No 51, Sch 1 \\[3\\]–\\[11\\]; 2009 No 49, Sch 2.20; 2011 No 8, Sch 1.2 \\[2\\] \\[3\\]; 2011 No 34, Sch 1 \\[3\\]–\\[5\\]; 2012 No 11, Sch 1.3 \\[3\\] \\[4\\]; 2015 No 15, Sch 3.20 \\[4\\]–\\[10\\]; 2018 No 87, Sch 2.1 \\[1\\]–\\[8\\].","sortOrder":47},{"sectionNumber":"2A","sectionType":"section","heading":"Term of office","content":"#### 2A Term of office\n\n2A Term of office\n\n> > (1) The Director is to be appointed by the Governor for a term of 10 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 75 years.\n> \n> > (2) A Senior Officer other than the Director is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 72 years.\n> \n> > (3) The Director is not eligible for reappointment, including reappointment after the end of the Director’s term.\n> \n> > (4) A Senior Officer other than the Director is eligible (if otherwise qualified) for reappointment.","sortOrder":50},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Ins 2012 No 80, Sch 1 \\[7\\].","sortOrder":61}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1986 Act focused primarily on establishing the DPP to handle serious criminal prosecutions. Over time, the scope has expanded significantly to include: (1) domestic violence apprehended violence order proceedings (section 20A), (2) detailed disclosure obligations binding police and investigators (section 15A), (3) complex pension and employment conditions mirroring judicial officers, and (4) veto powers for parliamentary committees over appointments. The Act has evolved from a simple 'who prosecutes what' statute into a comprehensive framework governing prosecutorial ethics, police cooperation, and senior officer employment conditions."},"complexity_factors":["Multiple layers of conditional logic — many powers are qualified by 'unless' clauses (e.g., DPP can take over cases unless it's a summary offence without consent)","Extensive cross-referencing — the Act constantly refers to other legislation (Criminal Procedure Act 1986, Crimes (Appeal and Review) Act 2001, Judges' Pensions Act 1953, etc.)","Nested exceptions in disclosure obligations — section 15A contains exceptions to the duty to disclose, then exceptions to those exceptions (e.g., privilege claims must still be notified to the Director)","Transitional and savings provisions spread across section 36 and Schedule 2 with retrospective effect clauses","Pension provisions in Schedule 1, clause 10 are highly technical, adapting judicial pension rules to the DPP with multiple age-based thresholds","Delegation rules in section 33 create a hierarchy of who can do what, with specific non-delegable functions","Multiple amendment histories visible in section notes indicating frequent legislative change"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Director of Public Prosecutions (DPP)** — an independent officer who runs criminal prosecutions on behalf of the Crown (the State) in New South Wales. Think of the DPP as the head of the public prosecution service, separate from the police and the Attorney General, but accountable to both in different ways.\n\n**Who it affects:**\n\n*   **The DPP and senior staff** — the Director, Deputy Directors, and the Solicitor for Public Prosecutions, plus their support staff.\n*   **Police and investigators** — they must hand over evidence to the DPP and follow the DPP's directions about what cases to pursue.\n*   **Accused people** — the DPP decides whether serious charges go ahead, whether to drop cases, and whether to appeal.\n*   **Victims and the public** — the DPP makes decisions about prosecuting serious crimes (indictable offences) and some minor ones.\n\n**Key things the law sets up:**\n\n*   **Independence with oversight:** The DPP decides which cases to prosecute and how to run them, but must follow guidelines issued by the Attorney General (who is a government minister). The DPP cannot be told what to do in individual cases, only about general principles.\n*   **Taking over cases:** The DPP can take over any criminal prosecution started by someone else (like police or private citizens) and either continue it or drop it. The DPP can also hand cases back to the original prosecutor in certain circumstances.\n*   **Disclosure duties:** Police and investigators must give the DPP **all** evidence that might help the prosecution or the accused person — this is about ensuring fair trials.\n*   **Senior appointments:** The Director is appointed by the Governor (on government advice) but can be vetoed by a parliamentary committee. The Director serves up to 10 years and gets a pension similar to a judge.\n*   **Relationship with the Attorney General:** The Attorney General can issue guidelines and has final say if there's a conflict, but day-to-day, the DPP operates independently.\n\n**Why it matters:**\n\nThis law tries to balance two things: **independence** (so prosecutions aren't politically manipulated) and **accountability** (so the prosecution service answers to the public through the Attorney General and Parliament). It ensures serious criminal cases are handled by professional lawyers rather than police, and creates clear rules about evidence sharing to prevent wrongful convictions."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text as supplied shows the Act’s scope has been expanded and refined over time by inserted and amended provisions. Examples in the current text include: the formalised role for consultation and non-mandatory appointment guidelines by the Attorney General (s3A); an Ombudsman Committee veto step for proposed Directors (s4A); a statutory disclosure and retention duty on law enforcement when the Director is involved (s15A); an express power for the Director to institute proceedings under the Crimes (Domestic and Personal Violence) Act (s20A); and detailed term and retirement arrangements for Senior Officers (Sch 1 cl 2A, cl 4, cl 10). These additions extend the Act beyond a bare framework for prosecutorial functions into specified administrative, disclosure and appointment controls and transitional arrangements (see s3A, s4A, s15A, s20A, Schedule 1 and Schedule 2)."},"complexity_factors":["Cross-references to many other Acts (e.g. Criminal Procedure Act, Ombudsman Act, Crimes (Domestic and Personal Violence) Act) increase interpretive complexity (see s3 definitions and multiple sections referencing other Acts).","Multiple decision-makers with overlapping roles: Governor appoints, Attorney General furnishes guidelines and may be consulted, Director holds operational prosecutorial discretion, and an Ombudsman Committee can veto appointments (s4; s4A; s26; s3A).","Delegation rules combined with a specific list of non-delegable functions require careful administrative structuring (s33(1)–(3)).","Detailed disclosure and retention duties placed on law enforcement, but conditional on Director involvement, create conditional compliance regimes (s15A(1), (1A)–(3)).","Wide prosecutorial powers (institute, take over, hand back, discontinue) interacting with procedural notification and handback mechanics create operational complexity (s7–10; s9A).","Administrative obligations: reporting, publication, employment arrangements and indemnities impose parallel bureaucratic processes (s15; s26(4); s34; s32; s35).","Transitional and savings provisions and numerous historical amendments and insertions (Schedules 1 and 2, and notes of insertions/amendments) complicate determining current scope and lifecycle of certain provisions (see Schedule 1 and Schedule 2)."],"plain_english_summary":"What the Act does, mechanically:\n\n- The Act establishes the office of the Director of Public Prosecutions (DPP) and related senior offices (Deputy Directors and the Solicitor) and sets rules for their appointment, term, remuneration and retirement (see s4; Schedule 1 cl 2A, cl 3, cl 4). \n\n- It vests in the Director the primary power to institute and conduct prosecutions on behalf of the Crown in the Supreme Court and District Court, and to conduct and respond to appeals arising from those prosecutions (s7). The Director also has statutory powers to institute committal proceedings, summary proceedings (subject to limits) and other proceedings related to indictable offences (s8). \n\n- The Director may take over prosecutions or proceedings started by others and, when a matter is taken over, be deemed the prosecutor; the Director may also decline to continue prosecution (s9(1), s9(4)(b)). For matters remitted to the Local Court the Director may hand the matter back to the original prosecutor (s9A). The Director must notify relevant officers or courts when taking over or handing back (s10). \n\n- The Act creates administrative interaction rules between the Director, police and other investigators: law enforcement must disclose and retain relevant material while the Director exercises any function in relation to a prosecution (disclosure duty) (s15A); the Director may give directions requiring specified information be referred to the Director (s16); and the Director can request assistance from police or investigators to investigate or further investigate matters associated with an alleged offence (s18). \n\n- The Director may furnish internal prosecution guidelines to Deputies, the Solicitor and Crown Prosecutors (s13) and may recommend or furnish guidelines (after consulting the Attorney General) to the Commissioner of Police or other investigators or prosecutors (s14). The Attorney General may also furnish guidelines that bind the Director (s26) and must publish and lay such guidelines before Parliament (s26(4)). The Attorney General and the Director are able to consult with each other (s25). \n\n- The Director may delegate many functions in writing to officers, Crown Prosecutors or persons approved by the Attorney General, but a small set of core functions (for example, finding or refusing a bill of indictment in particular circumstances) may only be delegated to a Deputy Director (s33). \n\n- The Act provides procedural and administrative provisions: staff may be employed under the Government Sector Employment Act to enable the Director and Solicitor to exercise their functions (s32); the Director must prepare an annual report (s34); the Act grants protection from personal liability for prescribed persons acting in good faith in execution of relevant law and requires the State to indemnify prescribed persons for costs awarded against them (s35). The Governor may make regulations to support the Act (s37). \n\nWho this affects (key parties and their roles):\n\n- Director, Deputy Directors and Solicitor (creation, eligibility, terms, duties) (s4; Sch 1 cl 2A, cl 2, cl 3). \n- Crown Prosecutors and other officers who act for the Director (subject to Director’s guidelines and delegations) (s13; s22; s33). \n- Law enforcement and investigating officers (disclosure and retention duties while the Director is involved; directions to refer information; requests for assistance) (s15A; s16; s18; s17). \n- Attorney General (may issue guidelines binding the Director; receives Director’s reports; consulted by Director; may be requested by Director to grant indemnities or undertakings) (s25; s26; s34; s19). \n- The Governor (appoints DPP, Deputies and Solicitor; may remove under conditions; makes regulations) (s4; Sch 1 cl 4; s37). \n- Courts and registrars (must be informed when Director takes over or hands back matters) (s10). \n\nWhy it matters (purpose-claims and practical trade-offs):\n\n- The Act’s structure places central responsibility for major criminal prosecutions and related appeals in a statutory office — the Director — and sets the mechanics for how that office works with police, other prosecutors and the Attorney General (see s7, s9, s15A, s26). That design is consistent with an explicit allocation of prosecutorial functions to a central office (s7) and with mechanisms for both operational independence in conducting proceedings (s4(3)) and administrative accountability to the Attorney General (s4(3); s26). \n\n- Practical consequences, as grounded in the text:\n  - Who pays: Senior Officers’ remuneration and allowances are set under Schedule 1 cl 3 and relevant remuneration legislation; staff are employed under the Government Sector Employment Act to enable the Director and Solicitor to perform functions (Sch 1 cl 3; s32). The State indemnifies prescribed persons for costs awarded against them and protects them from personal liability where acting in good faith under the Act (s35(2)–(3)). \n  - Who decides and where discretion lies: the Governor appoints Senior Officers (s4; Sch 1 cl 2A); the Director decides whether to institute, take over, continue or discontinue prosecutions (s7–9); the Attorney General can furnish binding guidelines to the Director (s26) and the Director is required to consult when requested (s25). The Director may delegate many functions but some core prosecutorial decisions must be retained or delegated only to a Deputy Director (s33(1)–(3)). \n  - Compliance burdens on police/investigators: while the Director is exercising any function in relation to a prosecution, law enforcement officers have a statutory duty to disclose to and retain information and materials that might reasonably assist either the prosecution or the accused (s15A(1), (2), (3)). That duty arises only when the Director exercises a function under this Act or the specified part of the Criminal Procedure Act (s15A(1A)). Directions requiring specified information to be referred to the Director are legally binding on recipients (s16(1)–(3)). \n  - Administrative and reporting costs: the Director must supply copies of guidelines to the Attorney General and include guidelines in the annual report (s15; s34). The Attorney General must publish and lay any guidelines furnished to the Director (s26(4)). These create routine publishing and administrative obligations. \n  - Effects on local prosecutors and private actors: the Director may take over prosecutions without consent in many cases (s9(3)), which changes who controls conduct of prosecutions; the Director may hand matters back when appropriate (s9A). For summary offences there are explicit limits: the Director cannot act except for prescribed summary offences or with written consent of the person otherwise responsible (s8(3); s9(2)). \n\nTrade-offs, opportunity costs and risks spelled out by the Act (mechanisms, not judgments):\n\n- Concentration of decision-making in the Director centralises expertise and control (s7–9), but it reduces the autonomy of the original prosecutor where the Director takes over (s9(3)).\n\n- The disclosure duty places an explicit compliance and record-keeping burden on law enforcement while the Director is involved; the Act permits regulations for recording and verification (s15A(4)).\n\n- The Director has considerable discretionary power (institute, take over, decline to proceed, give guidelines) balanced by procedural limits: some functions are non-delegable except to a Deputy Director (s33(2)); the Attorney General can furnish binding guidelines and must be notified of certain Attorney-General actions (s26; s27). The Director is still described as being responsible to the Attorney General for the due exercise of functions (s4(3)), while retaining authority in the preparation, institution and conduct of proceedings (s4(3)).\n\n- Operational costs and institutional obligations (staffing, remuneration, reporting, indemnities) are assigned to the State and to the Attorney General’s administrative role (Sch 1 cl 3; s32; s34; s35). These are explicit budgetary and administrative effects in the text. \n\nKey practical compliance or process points to note (section references):\n\n- Eligibility and term limits for Senior Officers: Sch 1 cl 2, cl 2A. \n- Director taking over a prosecution: s9; notification requirements: s10. \n- Handing back to original prosecutor on remittal: s9A; associated notice: s10(1A). \n- Disclosure and retention duties of law enforcement while Director is involved: s15A(1)–(3); limitations where privilege or statutory publication restrictions apply: s15A(6)–(7). \n- Director directions to police and other prosecutors, which must be complied with: s16(1)–(3). \n- Delegation regime and non-delegable core functions: s33(1)–(3). \n- Annual reporting and publication duties: s15; s26(4); s34. \n\nOverall, the Act sets up a central prosecuting office with statutory powers to lead, supervise and, where necessary, take control of prosecutions, while creating disclosure duties for law enforcement, channels for direction and consultation between the Director and the Attorney General, and administrative rules for appointments, delegations and accountability. The text assigns financial and legal protections to the State and specifies procedural checks (notification, limited non-delegable functions, AG guidelines), leaving operational discretion to the Director within those statutory constraints."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Based on the extensive amendment history (24+ versions since 2000 alone), the Act's scope has clearly evolved significantly from its original 1986 form. The reference to a related 'Criminal Procedure Legislation Amendment (Prosecution of Indictable Offences) Bill 2022' suggests ongoing refinement of the DPP's prosecutorial role. Without the full text, the precise nature of scope changes cannot be confirmed, but the volume of amendments strongly indicates the DPP's powers, functions, and oversight mechanisms have been substantially expanded and refined over time."},"complexity_factors":["The actual legislative text was not provided — only metadata and navigation elements were included, limiting full analysis","The Act has been amended over 20 times since 1986, creating a long and layered legislative history","Interaction with other legislation (e.g., Criminal Procedure Act, various referral powers) adds complexity","The concept of prosecutorial independence and the limits of political direction involve nuanced constitutional principles","Institutional design elements (appointment, tenure, removal of the DPP) typically involve complex safeguards","The Act's scope intersects with both state and commonwealth criminal law frameworks"],"plain_english_summary":"## Director of Public Prosecutions Act 1986 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that establishes the **Director of Public Prosecutions (DPP)** — the senior government lawyer responsible for deciding whether to prosecute people accused of serious crimes in NSW courts.\n\n**Who does it affect?**\n- **Anyone charged with a serious criminal offence** in NSW — the DPP's office decides whether your case goes to trial\n- **Victims of crime** — the DPP acts on behalf of the community (not individual victims) in prosecuting offenders\n- **NSW Police** — they investigate crimes, but the DPP independently decides whether to prosecute\n- **The general public** — the DPP operates independently of the government of the day, which is a key protection for everyone\n\n**Why does it matter?**\nThe DPP is a crucial check on government power. Because the DPP is **independent** (not directly controlled by politicians), prosecution decisions are meant to be made on the law and the evidence — not for political reasons. This protects both accused persons and the public from politically motivated prosecutions or cover-ups.\n\n**Key things to know:**\n- The DPP handles **serious (indictable) offences** — think murder, sexual assault, major fraud — not minor matters\n- The DPP can take over or discontinue (drop) prosecutions started by police or other agencies\n- The DPP's independence from political interference is a fundamental feature of the rule of law\n- The Act has been amended **many times** since 1986, reflecting ongoing refinement of the DPP's role\n\n> ⚠️ **Note:** The actual substantive provisions of the Act were not included in the text provided — only metadata, version history, and site navigation. This summary is based on the Act's known purpose and title."}},"importantCases":[],"_links":{"self":"/api/acts/director-of-public-prosecutions-act-1986","history":"/api/acts/director-of-public-prosecutions-act-1986/history","analysis":"/api/acts/director-of-public-prosecutions-act-1986/analysis","conflicts":"/api/acts/director-of-public-prosecutions-act-1986/conflicts","importantCases":"/api/acts/director-of-public-prosecutions-act-1986/important-cases","documents":"/api/acts/director-of-public-prosecutions-act-1986/documents"}}