{"id":"a-1990-22","name":"Director of Public Prosecutions Act 1990","slug":"director-of-public-prosecutions-act-1990","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"22 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23392,"registerId":"act-a-1990-22-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Director of Public Prosecutions Act 1990","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDirector of Public Prosecutions\nAct 1990\nA1990-22\nRepublication No 22\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Director of Public Prosecutions Act 1990 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDirector of Public Prosecutions\nAct 1990\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Prosecutions etc begun by other people 2\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.1 Establishment and control\n4 Establishment 3\n5 Control 3\n\nContents\nPage\ncontents 2 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 Functions and powers of director\n6 Functions 3\n7 Prosecutions on indictment 7\n8 Taking over the conduct of general proceedings 8\n9 Undertakings 9\n10 Appeals 12\n11 Representation of Territory and Territory authorities 12\n12 Directions and guidelines by director 13\n13 Provision of information to director 14\n14 Police assistance 14\n15 Obligation to inform court 15\n16 Appearances by director 15\n16A Commonwealth prosecutions by director and staff of office 16\n17 Delegation by director 17\nDivision 2.3 Attorney-General\n19 Consultation 17\n20 Directions and guidelines by Attorney-General 17\n21 Preservation of functions and powers 18\nPart 3 Director and members of the staff of the\noffice\nDivision 3.1 Director\n22 Appointment 19\n24 Leave of absence 20\n25 Preclusion from other employment 20\n26 Disclosure of interests 20\n28 Termination of appointment 20\nDivision 3.2 Staff of the office\n30 Staff of the office 21\n31 Consultants etc 21\n32 Other arrangements for staff and facilities 22\nPart 4 Miscellaneous\n33 Preservation of rights 23\n\nContents\nPage\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33A Legal immunity 23\n35 Regulation-making power 23\nDictionary 24\nEndnotes\n1 About the endnotes 26\n2 Abbreviation key 26\n3 Legislation history 27\n4 Amendment history 31\n5 Earlier republications 34\n\n\n\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDirector of Public Prosecutions\nAct 1990\nAn Act to establish an Office of the Director of Prosecutions, and for related\npurposes\n\nPart 1 Preliminary\nSection 1\npage 2 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Director of Public Prosecutions Act 1990.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n3 Prosecutions etc begun by other people\nA provision of this Act that gives the director a function in relation to\na prosecution or proceeding (including a civil proceeding) instituted\nby someone else applies in relation to the prosecution or proceeding.\n\nOffice of the Director of Public Prosecutions Part 2\nEstablishment and control Division 2.1\nSection 4\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Office of the Director of Public\nProsecutions\nDivision 2.1 Establishment and control\n4 Establishment\n(1) There is established by this section an office by the name of the Office\nof the Director of Public Prosecutions.\n(2) The office shall consist of the director and the members of the staff\nof the office.\n5 Control\nThe director shall control the office.\nDivision 2.2 Functions and powers of director\n6 Functions\n(1) The director has the following functions:\n(a) in relation to indictable offences:\n(i) instituting prosecutions on indictment or summarily;\n(ii) conducting prosecutions on indictment or summarily,\nwhether instituted by the director or not;\n(b) in relation to the commitment of persons for trial in respect of\nindictable offences:\n(i) instituting proceedings;\n(ii) conducting proceedings, whether instituted by the director\nor not;\n(c) in relation to summary offences:\n(i) instituting prosecutions;\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 6\npage 4 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) conducting prosecutions, whether instituted by the director\nor not;\n(d) assisting a coroner in inquests and inquiries;\n(e) in relation to proceedings for contempt of a court or for an order\nrequiring a person to enter into a recognisance, with or without\nsureties, to keep the peace or be of good behaviour—\n(i) instituting proceedings; or\n(ii) conducting proceedings, whether instituted by the director\nor not;\n(f) in relation to forfeiture orders or the recovery of pecuniary\npenalties:\n(i) instituting proceedings;\n(ii) conducting proceedings, whether instituted by the director\nor not;\n(iii) coordinating or supervising the institution or conduct of\nproceedings;\n(g) in relation to civil remedies in connection with specified\nmatters:\n(i) instituting proceedings;\n(ii) conducting proceedings, whether instituted by the director\nor not;\n(iii) coordinating or supervising the institution or conduct of\nproceedings;\non behalf of the Territory or a Territory authority;\n(h) conducting proceedings for applicants for orders under the\nCrimes (Forensic Procedures) Act 2000, part 2.5 (Forensic\nprocedures on suspect by order of magistrate);\n\nOffice of the Director of Public Prosecutions Part 2\nFunctions and powers of director Division 2.2\nSection 6\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) making applications for orders to review under the Magistrates\nCourt Act 1930, section 219C, and conducting such\nproceedings;\n(j) making applications for orders under the Crimes (Child Sex\nOffenders) Act 2005, chapter 5A, and conducting a proceeding\nfor the application;\n(k) for prosecutions or other proceedings mentioned in paragraphs\n(a) to (j)—causing the proceedings to be brought to an end;\n(l) for appeals in relation to matters mentioned in paragraphs (a) to\n(k):\n(i) instituting or responding to appeals (including appeals\nagainst sentence);\n(ii) conducting appeals (including appeals against sentence) as\nappellant or respondent, whether instituted or responded to\nby the director or not;\n(m) the functions of the director under the Crimes (Sentence\nAdministration) Act 2005;\n(n) representing or acting as agent for the Commonwealth director;\n(o) making statements or providing information to particular\npersons, to the public or to particular sections of the public\n(whether about decisions taken and the reasons for those\ndecisions, or otherwise) relating to the exercise of powers or the\nperformance of functions or duties under this Act;\n(p) functions given to the director under another provision of this\nAct or any other Territory law;\n(q) such other functions as are prescribed by the regulations;\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 6\npage 6 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(r) doing anything incidental or conducive to the performance of\nanother function.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and\nfunction).\n(2) To remove any doubt and without limiting subsection (1), the\nfunctions of the director include the following:\n(a) appearing before a board of inquiry under the Crimes Act 1900,\npart 20 (Inquiries into convictions);\n(b) for civil proceedings (including appeals) connected with or\narising out of the exercise by the director of a function under this\nAct or a proceeding in relation to which the director has a\nfunction—\n(i) beginning proceedings; or\n(ii) conducting proceedings, whether begun by the director or\nnot; or\n(iii) responding to proceedings.\n(3) In subsection (1) (g):\nspecified matter means—\n(a) the recovery or ensuring the payment of an amount of tax;\nor\n(b) a prosecution, whether instituted or conducted by the\ndirector or not; or\n(c) an alleged or suspected offence, whether a prosecution has\nbeen instituted or not.\n\nOffice of the Director of Public Prosecutions Part 2\nFunctions and powers of director Division 2.2\nSection 7\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Prosecutions on indictment\n(1) The director may prosecute by indictment in the director’s official\nname indictable offences, but nothing in this subsection prevents the\ndirector from prosecuting an offence in any other manner.\n(2) Where the director institutes a prosecution on indictment, the\nindictment shall be signed—\n(a) by the director; or\n(b) for and on behalf of the director, by a person authorised in\nwriting by the director to sign indictments.\n(3) The director may, with the consent of the person concerned, institute\na prosecution of a person on indictment for an indictable offence in\nrespect of which the person has not been examined or committed for\ntrial.\n(4) Where a person has been committed for trial in respect of an\nindictable offence, the director may, whether or not the director\ninstitutes a prosecution on indictment for the offence for which the\nperson was committed for trial—\n(a) institute a prosecution of the person on indictment for an offence\nfor which the person was examined but not committed for trial\nwithout the person having been committed for trial in respect of\nthat offence; or\n(b) institute a prosecution of the person on indictment for any other\noffence founded on facts or evidence disclosed in the course of\nthe committal proceedings without the person having been\nexamined or committed for trial in respect of that offence.\n(5) In any other case where the director considers it appropriate to do so,\nthe director may institute a prosecution of a person on indictment for\nan indictable offence in respect of which the person has not been\nexamined or committed for trial.\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 8\npage 8 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) Where a person is under commitment or has been indicted for an\nindictable offence, the Attorney-General or the director may decline\nto proceed further in the prosecution of the offence and may cause the\nprosecution to be brought to an end.\n(7) Where—\n(a) a person is under commitment but has not been indicted for an\nindictable offence; and\n(b) the director causes the prosecution for the offence to be brought\nto an end; and\n(c) the person is in custody;\nthe director shall, by warrant signed by the director, direct the\ndischarge of the person from custody and the person shall be\ndischarged accordingly.\n8 Taking over the conduct of general proceedings\n(1) The director may take over the conduct of general proceedings\ninstituted by another person (other than the Attorney-General)\nwhether or not the person consents.\n(2) The director shall not take over the conduct of general proceedings\ninstituted by the Attorney-General unless requested in writing by the\nAttorney-General to do so.\n(3) Where the director takes over the conduct of general proceedings\ninstituted by another person, the director may—\n(a) continue to conduct the proceedings in the director’s official\nname; or\n(b) cause the proceedings to be brought to an end.\n(4) Nothing in subsection (3) (a) prevents the director from continuing to\nconduct the general proceedings in the name of the person who\ninstituted those proceedings.\n\nOffice of the Director of Public Prosecutions Part 2\nFunctions and powers of director Division 2.2\nSection 9\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Undertakings\n(1) The director may give to a person an undertaking that—\n(a) an answer that is given, or a statement or disclosure that is made,\nby the person in the course of giving evidence in applicable\nproceedings; or\n(b) the fact that the person discloses or produces a document or\nother thing in applicable proceedings; or\n(c) any information, document or other thing that is obtained as a\ndirect or indirect consequence of an answer that is given, a\nstatement or disclosure that is made, or a document or other\nthing that is disclosed or produced in applicable proceedings;\nwill not be used in evidence against the person.\n(2) Where the director has given to a person an undertaking under\nsubsection (1)—\n(a) an answer that is given, or a statement or disclosure that is made,\nby the person in the course of giving evidence in the applicable\nproceedings; or\n(b) the fact that the person discloses or produces a document or\nother thing in the applicable proceedings; or\n(c) any information, document or thing that is obtained as\nmentioned in subsection (1) (c);\nas the case may be, is not admissible in evidence against the person\nin any civil or criminal proceedings, other than proceedings in respect\nof the falsity of evidence given by the person.\n(3) In subsections (1) and (2):\napplicable proceedings means—\n(a) a prosecution for an offence; or\n(b) proceedings by way of a coronial inquest or inquiry; or\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 9\npage 10 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) proceedings in respect of a forfeiture order or the recovery\nof a pecuniary penalty; or\n(d) proceedings in respect of civil remedies in connection with\na specified matter referred to in section 6 (1) (f).\n(4) The director may give to a person an undertaking that—\n(a) an answer that is given, or a statement or disclosure that is made,\nby the person in the course of giving evidence in interstate\nproceedings; or\n(b) the fact that the person discloses or produces a document or\nother thing in interstate proceedings; or\n(c) any information, document or thing that is obtained as a direct\nor indirect consequence of an answer that is given, a statement\nor disclosure that is made, or a document or other thing that is\ndisclosed or produced in interstate proceedings;\nwill not be used in evidence against the person in any civil or criminal\nproceedings.\n(5) Where the director has given to a person an undertaking under\nsubsection (4)—\n(a) an answer that is given, or a statement or disclosure that is made,\nby the person in the course of giving evidence in the interstate\nproceedings; or\n(b) the fact that the person discloses or produces a document or\nother thing in the interstate proceedings; or\n(c) any information, document or other thing that is obtained as\nmentioned in subsection (4) (c);\nas the case may by, is not admissible in any civil or criminal\nproceedings.\n\nOffice of the Director of Public Prosecutions Part 2\nFunctions and powers of director Division 2.2\nSection 9\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) In subsections (4) and (5):\ninterstate proceedings means—\n(a) a prosecution for an offence against a law of the\nCommonwealth or of a State or another Territory; or\n(b) proceedings in respect of a coronial inquest or inquiry\nunder a law of the Commonwealth or of a State or another\nTerritory; or\n(c) proceedings for the recovery of a pecuniary penalty under\na law of the Commonwealth or of a State or another\nTerritory; or\n(d) proceedings in respect of a forfeiture order under a law of\nthe Commonwealth or of a State or another Territory.\n(7) The director may give to a person an undertaking that the person will\nnot be prosecuted—\n(a) for a specified offence; or\n(b) in respect of specified acts or omissions that constitute or may\nconstitute an offence.\n(8) Where the director has given an undertaking under subsection (7), no\ncriminal proceedings shall be instituted in respect of the offence or\nthe acts or omissions, as the case may be.\n(9) An undertaking under subsection (7) may be given subject to such\nconditions (if any) as the director considers appropriate.\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 10\npage 12 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Appeals\n(1) The director may, in respect of a prosecution or proceedings\nconducted by the director, exercise such rights of appeal (if any)—\n(a) as are exercisable by the Attorney-General; or\n(b) in the case of a prosecution or proceedings the conduct of which\nthe director has taken over from a person other than the\nAttorney-General—as would have been exercisable by that\nperson if the director had not taken over the conduct of the\nprosecution or proceedings.\n(2) The rights of appeal conferred on the director under subsection (1)\nare in additional to such rights of appeal (if any) as are exercisable by\nthe director otherwise than under that subsection.\n(3) In this section:\nright of appeal includes—\n(a) a right to apply for a review or rehearing; and\n(b) a right to institute proceedings in the nature of an appeal or of\nan application for a review or rehearing; and\n(c) a right to appeal against sentence.\n11 Representation of Territory and Territory authorities\n(1) For the purposes of the performance of the function referred to in\nsection 6 (1) (e), the director may institute proceedings in the name\nof the Territory or a Territory authority.\n(2) For the purposes of the performance of a function referred to in\nsection 6 (1) (f), the director may take civil remedies in the name of\nthe Territory or a Territory authority.\n\nOffice of the Director of Public Prosecutions Part 2\nFunctions and powers of director Division 2.2\nSection 12\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Where a Territory authority is a party to a proceeding in respect of a\nmatter—\n(a) that has arisen out of or is connected with the performance of a\nfunction of the director; or\n(b) that may result in the performance by the director of such a\nfunction;\nthe director, or a person who is entitled to represent the director under\nsection 16 (1) (a), (b) or (c), may act as the legal practitioner for the\nauthority.\n12 Directions and guidelines by director\n(1) The director may, in writing, give directions or furnish guidelines in\nrelation to prosecutions or proceedings to—\n(a) the chief police officer; or\n(b) a person authorised under the Law Officers Act 2011,\nsection 29 (1) (Person authorised by chief solicitor); or\n(c) any other person—\n(i) who conducts investigations in relation to offences; or\n(ii) who institutes or conducts prosecutions for offences; or\n(iii) who institutes or conducts proceedings for the recovery of\npecuniary penalties; or\n(iv) who institutes or conducts proceedings for civil remedies\nin connection with a specified matter referred to in\nsection 6 (1) (f).\n(2) Without limiting the generality of subsection (1), the director may\nspecify in a direction or guideline an offence or class of offences\nwhich is to be referred to the director for the purpose of instituting or\nconducting a prosecution.\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 13\npage 14 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A direction or guideline may be of a general nature or in respect of a\nparticular case.\n(4) The director must give the Attorney-General a copy of each direction\nor guideline.\n13 Provision of information to director\nWhere general proceedings have been instituted by a person other\nthan the director and—\n(a) the director informs the person that the director is considering\ntaking over the conduct of the proceedings; or\n(b) the director takes over the conduct of the proceedings; or\n(c) the person requests the director to take over the conduct of the\nproceedings;\nthe person shall furnish to the director—\n(d) a full report of the circumstances of the matter; and\n(e) a copy of the statements of the witnesses (if any); and\n(f) the material documents (if any) in the possession of the person;\nand\n(g) such other information as the director requires.\n14 Police assistance\n(1) Where the director—\n(a) is considering instituting or taking over, or has instituted or\ntaken over, the conduct of a prosecution for an offence; and\n(b) is of the opinion that a matter connected with or arising out of\nthe offence requires further investigation;\nthe director may in writing request the chief police officer for the\nassistance of police officers in the investigation of that matter.\n\nOffice of the Director of Public Prosecutions Part 2\nFunctions and powers of director Division 2.2\nSection 15\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The chief police officer shall, as far as practicable, comply with a\nrequest under subsection (1).\n15 Obligation to inform court\n(1) Where the director takes over the conduct of general proceedings\ninstituted by another person, the director shall, as soon as\npracticable—\n(a) by notice in writing, inform the registrar or other proper officer\nof the court in which the proceedings are to be heard; or\n(b) if the proceedings are being heard—in such manner as the\ndirector thinks appropriate, inform the judge or magistrate;\nthat the director has taken over the conduct of the proceedings.\n(2) A failure by the director to comply with subsection (1) does not affect\nthe director’s powers in relation to the proceedings.\n16 Appearances by director\nWhere, for the purposes of the performance of the director’s\nfunctions, the director is required to appear before a court, the director\nmay appear in person or may be represented by—\n(a) a member of the staff of the office who is a legal practitioner; or\n(b) a person authorised under the Law Officers Act 2011,\nsection 29 (1) (Person authorised by chief solicitor); or\n(c) any other person who is entitled to practise in that court; or\n(d) for an appearance in a Magistrates Court callover list––\na member of the staff of the office, other than a legal\npractitioner, whose functions include the appearance.\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.2 Functions and powers of director\nSection 16A\npage 16 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16A Commonwealth prosecutions by director and staff of\noffice\n(1) This section applies to the director, or a member of the staff of the\noffice who is a legal practitioner, if the director or member is\nauthorised to prosecute offences against Commonwealth laws\nunder—\n(a) a Commonwealth law; or\n(b) an instrument issued by or on behalf of the Commonwealth\nunder an agreement between the Territory and the\nCommonwealth; or\n(c) an agreement with the Commonwealth director.\n(2) The director or member may institute or conduct prosecutions against\nCommonwealth laws in accordance with the Commonwealth law,\ninstrument or agreement.\n(3) Without limiting subsection (2), the director or member may do any\nof the following in relation to offences against Commonwealth laws:\n(a) make applications for orders to review under the Magistrates\nCourt Act 1930, section 219C, and conduct such proceedings;\n(b) cause prosecutions and other proceedings to be brought to an\nend;\n(c) institute or respond to appeals (including appeals against\nsentence);\n(d) conduct appeals (including appeals against sentence) as\nappellant or respondent, whether instituted or responded to by\nthe director or member or not.\n(4) In this section:\nprosecution includes a proceeding for the commitment of a person\nfor trial for an indictable offence.\n\nOffice of the Director of Public Prosecutions Part 2\nAttorney-General Division 2.3\nSection 17\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Delegation by director\nThe director may delegate the director’s functions to a member of\nstaff of the office.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\nDivision 2.3 Attorney-General\n19 Consultation\n(1) The director shall, if requested to do so by the Attorney-General,\nconsult with the Attorney-General with respect to matters relating to\nthe performance or exercise by the director of the director’s functions\nor powers.\n(2) The Attorney-General shall, if requested to do so by the director,\nconsult with the director with respect to matters relating to the\nperformance or exercise by the director of the director’s functions or\npowers.\n20 Directions and guidelines by Attorney-General\n(1) The Attorney-General may give directions or furnish guidelines to the\ndirector in relation to the performance or exercise by the director of\nthe director’s functions or powers.\n(2) Without limiting the generality of subsection (1), a direction or\nguideline may relate to—\n(a) the circumstances in which the director should institute or\nconduct prosecutions for offences; or\n(b) the circumstances in which undertakings should be given under\nsection 9.\n(3) A direction or guideline shall be of a general nature and shall not refer\nto a particular case.\n\nPart 2 Office of the Director of Public Prosecutions\nDivision 2.3 Attorney-General\nSection 21\npage 18 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Attorney-General shall not give a direction or furnish a guideline\nunless the Attorney-General has consulted with the director.\n(5) A direction or guideline is a notifiable instrument.\n(6) The Minister must present a direction or guideline to the Legislative\nAssembly within 5 sitting days after the notification of the direction\nor guideline.\n21 Preservation of functions and powers\nNothing in this Act shall be taken to affect the performance or\nexercise by the Attorney-General of a function or power conferred on\nthe Attorney-General by or under a law of the Territory.\n\nDirector and members of the staff of the office Part 3\nDirector Division 3.1\nSection 22\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Director and members of the\nstaff of the office\nDivision 3.1 Director\n22 Appointment\n(1) The Executive may appoint a person as the director.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) Subject to this Act, the director must not be appointed for more than\n7 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(3) Subject to this Act, the director holds office on such terms and\nconditions as are—\n(a) determined by the Executive; and\n(b) specified in the instrument of appointment.\n(4) A person shall not be appointed as the director unless—\n(a) the person is a legal practitioner and has been for not less than 5\nyears; or\n(b) the person is admitted as a legal practitioner in a State or another\nTerritory and has been for not less than 5 years.\n(5) A person shall not be appointed as the director—\n(a) if the person has attained the age of 70 years; or\n(b) for a period that extends beyond the date on which the person\nwill attain the age of 70 years.\n\nPart 3 Director and members of the staff of the office\nDivision 3.1 Director\nSection 24\npage 20 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Leave of absence\nThe Attorney-General may grant leave of absence to the director on\nsuch terms and conditions as to remuneration or otherwise as the\nAttorney-General determines.\n25 Preclusion from other employment\nThe director shall not, without the consent of the Attorney-General,\nengage in—\n(a) practice as a legal practitioner; or\n(b) paid employment;\notherwise than in the performance of the functions of the office of\ndirector.\n26 Disclosure of interests\nThe director shall give notice in writing to the Attorney-General of\nall direct or indirect pecuniary interests that the director has or\nacquires—\n(a) in a business, whether in the Territory or elsewhere; or\n(b) in a body corporate carrying on such a business.\n28 Termination of appointment\n(1) The Attorney-General may terminate the appointment of the director\nfor—\n(a) misbehaviour; or\n(b) physical or mental incapacity; or\n(c) failure to comply with section 25.\nNote The director’s appointment also ends if the director resigns (see\nLegislation Act, s 210).\n\nDirector and members of the staff of the office Part 3\nStaff of the office Division 3.2\nSection 30\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Attorney-General shall terminate the appointment of the director\nif the director—\n(a) becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(b) is absent, without leave under section 24, for 14 consecutive\ndays or for 28 days in any 12 months; or\n(c) fails, without reasonable excuse, to comply with the director’s\nobligations under section 26.\nDivision 3.2 Staff of the office\n30 Staff of the office\n(1) The director may employ staff on behalf of the Territory.\n(2) The staff of the office must be employed under the Public Sector\nManagement Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the director\nin relation to the employment of staff (see Public Sector Management\nAct 1994, s 152).\n31 Consultants etc\n(1) The director may, on behalf of the Territory, engage persons having\nsuitable qualifications and experience as consultants to, or to perform\nservices for, the director.\n(2) The terms and conditions of engagement of persons engaged under\nsubsection (1) are as the director, with the approval of the\nAttorney-General, in writing determines.\n(3) Nothing in this section shall be read as conferring on the director a\npower to enter into a contract of employment.\n\nPart 3 Director and members of the staff of the office\nDivision 3.2 Staff of the office\nSection 32\npage 22 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Other arrangements for staff and facilities\nThe director may arrange with the head of service to use the services\nof a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n\nMiscellaneous Part 4\nSection 33\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n33 Preservation of rights\nNothing in this Act shall be taken to affect the right of a person to\ninstitute general proceedings.\n33A Legal immunity\n(1) No action, suit or proceeding lies against a person who is or has\nbeen—\n(a) the director; or\n(b) a member of the staff of the office; or\n(c) a person acting under the direction or authority of the director or\na member of the staff of the office;\nin relation to an act done or omitted to be done in good faith in the\nexercise or purported exercise of a power, or the performance or\npurported performance of a function or duty, of the director under this\nAct or any other law.\n(2) Subsection (1) does not affect any liability that the Territory would,\nbut for that subsection, have in respect of an act or omission referred\nto in that subsection.\n35 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\npage 24 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• bankrupt or personally insolvent\n• chief police officer\n• director-general (see s 163)\n• exercise\n• function\n• head of service\n• judge\n• legal practitioner\n• magistrate\n• Magistrates Court\n• notifiable instrument (see s 10)\n• person (see s 160)\n• proceeding\n• public servant\n• territory law.\nCommonwealth director means the Director of Public Prosecutions\nappointed under the Director of Public Prosecutions Act 1983\n(Cwlth).\ndirector means the Director of Public Prosecutions appointed under\nsection 22 (1).\ngeneral proceedings means a prosecution, proceedings or appeal\nreferred to in section 6 (1) (a), (b), (c), (e), (f) or (g).\nmember of the staff, of the office, means—\n(a) a member of the staff mentioned in section 30 (Staff of the\noffice); or\n(b) a person engaged under section 31 (Consultants etc); or\n\nDictionary\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a person whose services are made available to the director in\naccordance with section 32 (Other arrangements for staff and\nfacilities).\noffice means the Office of the Director of Public Prosecutions\nestablished by section 4 (1).\nTerritory authority includes a person—\n(a) who holds an office or position established by or under an Act;\nor\n(b) who holds an appointment made under an Act.\n\nEndnotes\n1 About the endnotes\npage 26 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nDirector of Public Prosecutions Act 1990 A1990-22\nnotified 25 June 1990 (Gaz 1990 No S32)\ns 1, s 2 commenced 25 June 1990 (s 2 (1))\nss 3, 6-18, 33, 35 commenced 1 July 1990 (Gaz 1990 No S44)\nremainder (ss 4, 5, 19-32, 34) commenced 1 July 1991 (Gaz 1991\nNo S57)\nas amended by\nDirector of Public Prosecutions (Amendment) Act 1992 A1992-51\nnotified 1 September 1992 (Gaz 1992 No S148)\ncommenced 1 September 1992\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 26\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 26 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\ncommenced 5 September 1995 (s 2)\nDirector of Public Prosecutions (Amendment) Act 1995 A1995-29\nnotified 5 September 1995 (Gaz 1995 No S212)\ncommenced 5 September 1995 (s 2)\nRemuneration Tribunal (Consequential and Transitional Provisions)\nAct 1995 A1995-56 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 21 December 1995 (s 2 and Gaz 1995 No S315)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997\nsch 1 commenced 1 June 1998 (s 2 (2))\n\nEndnotes\n3 Legislation history\npage 28 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 102\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 102 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nRehabilitation of Offenders (Interim) Act 2001 A2001-82 sch 1 pt 1.2\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nsch 1 pt 1.2 commenced 24 September 2001 (s 2 and CN2001-4)\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 4\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 4 commenced 1 November 2003 (s 2)\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.11\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.11 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.13\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.13 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.5\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.5 commenced 1 July 2006 (s 2)\n\nEndnotes\nLegislation history 3\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.28\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.28 commenced 12 April 2007 (s 2 (1))\nCourt Legislation Amendment Act 2008 A2008-42 pt 3\nnotified LR 8 September 2008\ns 1, s 2 commenced 8 September 2008 (LA s 75 (1))\npt 3 commenced 8 March 2009 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.7\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.7 commenced 28 September 2010 (s 2 (2))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.53\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.53 commenced 1 July 2011 (s 2 (1))\nLaw Officers Act 2011 A2011-30 sch 1 pt 1.1\nnotified LR 29 August 2011\ns 1, s 2 commenced 29 August 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 31 August 2011 (s 2 and CN2011-9)\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.5\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.5 commenced 14 May 2014 (s 2 (1))\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.7\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.7 commenced 3 June 2015 (s 2)\n\nEndnotes\n3 Legislation history\npage 30 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCrimes (Child Sex Offenders) Amendment Act 2015 A2015-35 sch 1\npt 1.3\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\nsch 1 pt 1.3 commenced 2 October 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.22\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.22 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.10\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.10 commenced 9 March 2017 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 (No 2)\nA2018-39 pt 4\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\npt 4 commenced 13 March 2019 (s 2 and CN2019-5)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.28, sch 4\npt 4.55\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.28, sch 4 pt 4.55 commenced 16 November 2025\n(s 2 (1), (9))\n\nEndnotes\nAmendment history 4\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.137\nDictionary\ns 2 om R5 (LA s 89 (4))\nins A2007-3 amdt 3.140\nNotes\ns 2A ins A2007-3 amdt 3.140\nProsecutions etc begun by other people\ns 3 defs reloc to dict A2007-3 amdt 3.139\nsub A2007-3 amdt 3.140\ndef chief police officer om A2007-3 amdt 3.138\nEstablishment and control\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R5 LA\nFunctions and powers of director\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R5 LA\nFunctions\ns 6 am A1992-51 s 3; A1995-29 s 4; A2000-17 sch 1; A2001-82\nsch 1 pt 1.2; R6 LA (see A2001-82 amdt 1.4); A2003-47 s 13;\nss renum R7 LA (see A2003-47 s 14); A2006-23 amdt 1.172;\nA2007-3 amdt 3.141; A2014-17 amdt 1.23; pars renum\nR16 LA; A2015-35 amdt 1.16, amdt 1.17; pars renum R18 LA\nProsecutions on indictment\ns 7 am A2025-29 amdt 3.81\nTaking over the conduct of general proceedings\ns 8 am A2025-29 amdt 3.81\nAppeals\ns 10 am A2000-17 sch 1\nRepresentation of Territory and Territory authorities\ns 11 am A1997-96 sch 1; A2008-42 s 6\nDirections and guidelines by director\ns 12 am A1995-25 sch; A2001-44 amdt 1.1113; A2004-9\namdt 1.14; A2011-30 amdt 1.1; A2015-16 amdt 1.8\nAppearances by director\ns 16 am A1997-96 sch 1; A2006-25 amdt 2.6; A2008-42 s 7;\nA2011-30 amdt 1.1; A2025-29 amdt 3.81\n\nEndnotes\n4 Amendment history\npage 32 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCommonwealth prosecutions by director and staff of office\ns 16A ins A1992-51 s 4\nam A1997-96 sch 1\nsub A2000-17 sch 1\nDelegation by director\ns 17 sub A2007-3 amdt 3.142\nAdditional powers\ns 18 om A2007-3 amdt 3.143\nAttorney-General\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R5 LA\nConsultation\ns 19 am A2025-29 amdt 3.81\nDirections and guidelines by Attorney-General\ns 20 am A2001-44 amdt 1.1114, amdt 1.1115; A2017-4 amdt 3.50;\nA2025-29 amdt 3.81, amdt 3.82, amdt 4.55\nDirector and members of the staff of the office\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R5 LA\nAppointment\ns 22 am A1992-51 s 5; A1997-96 sch 1; A2007-3 amdt 3.144;\nA2018-39 s 8\nRemuneration and allowances\ns 23 am A1992-51 s 6\nom A1995-56 sch\nLeave of absence\ns 24 am A1992-51 s 7\nPreclusion from other employment\ns 25 sub A1992-51 s 8\nDisclosure of interests\ns 26 am A2025-29 amdt 3.83\nAdditional powers\ns 27 om A2007-3 amdt 3.145\nTermination of appointment\ns 28 am A1992-51 s 9; A2007-3 amdt 3.146, amdt 3.147; A2010-30\namdt 1.23; A2025-29 amdt 3.84; par renum R22 LA\nActing director\ns 29 am A1992-51 s 10\nom A2007-3 amdt 3.148\n\nEndnotes\nAmendment history 4\nR22\n16/11/25\nDirector of Public Prosecutions Act 1990\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStaff of the office\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R5 LA\nsub A2016-52 amdt 1.63\nStaff of the office\ns 30 hdg sub A2017-4 amdt 3.51\ns 30 sub A1992-51 s 11; A1994-38 sch 1\nam A2011-22 amdt 1.165\nsub A2016-52 amdt 1.64\nam A2017-4 amdt 3.52\nConsultants etc\ns 31 am A1994-38 sch 1\nOther arrangements for staff and facilities\ns 32 sub A1994-38 sch 1\nam A2011-22 amdt 1.166\nsub A2016-52 amdt 1.65\nLegal immunity\ns 33A ins A1995-29 s 5\nAnnual report\ns 34 om A1995-25 sch\nRegulation-making power\ns 35 sub A2001-44 amdt 1.1116\nam A2025-29 amdt 4.55\nDictionary\ndict ins A2007-3 amdt 3.149\nam A2008-42 s 8; A2010-30 amdt 1.24; A2011-22 amdt 1.167;\nA2016-52 amdt 1.66\ndef Commonwealth Act reloc from s 3 A2007-3 amdt 3.139\nom A2017-4 amdt 3.53\ndef Commonwealth director reloc from s 3 A2007-3\namdt 3.139\nam A2017-4 amdt 3.54\ndef director reloc from s 3 A2007-3 amdt 3.139\ndef general proceedings reloc from s 3 A2007-3 amdt 3.139\ndef member of the staff ins A2007-3 amdt 3.149\nam A2016-52 amdt 1.67, amdt 1.68; A2017-4 amdt 3.55\ndef office reloc from s 3 A2007-3 amdt 3.139\ndef Territory authority reloc from s 3 A2007-3 amdt 3.139\n\nEndnotes\n5 Earlier republications\npage 34 Director of Public Prosecutions Act 1990\nEffective: 16/11/25\nR22\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-22 31 October 1991\n2 A1992-51 31 October 1992\n3 A1994-38 31 January 1995\n4 A1995-56 1 January 1996\n5 A2001-44 12 September 2001\n6 A2001-82 19 October 2001\n7 A2003-47 1 November 2003\n8 A2004-9 13 April 2004\n9 A2006-23 2 June 2006\n10 A2006-25 1 July 2006\n11 A2007-3 12 April 2007\n12* A2008-42 8 March 2009\n13 A2010-30 28 September 2010\n14 A2011-22 1 July 2011\n15 A2011-30 31 August 2011\n16 A2014-17 14 May 2014\n17 A2015-16 3 June 2015\n18 A2015-35 2 October 2015\n19 A2016-52 1 September 2016\n20 A2017-4 9 March 2017\n21 A2018-39 13 March 2019\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1990 Act focused on establishing the Office, core prosecutorial functions for indictable and summary offences, and basic relations with the Attorney-General. Its scope has grown to include civil remedies for tax and pecuniary penalties (s 6(1)(f)-(g)), specific applications under the Crimes (Forensic Procedures) Act 2000 and Crimes (Child Sex Offenders) Act 2005 (s 6(1)(h)-(j)), Commonwealth prosecutions (s 16A), public information statements (s 6(1)(o)), and detailed immunity undertakings for interstate matters (s 9(4)-(6)), reflecting expansion beyond core criminal prosecutions into supervisory, civil and cross-jurisdictional roles."},"complexity_factors":["Extensive and nested list of functions in s 6(1) spanning 18 paragraphs (a)-(r) plus subsections (2) and (3) that cross-reference multiple other Acts","Detailed procedural rules in ss 7-10 and s 9 on undertakings that distinguish between local, interstate and Commonwealth matters with conditional admissibility rules","Interplay between director powers (ss 8, 12-16A) and Attorney-General oversight (ss 19-21) including mandatory consultation and notifiable instrument requirements","Multiple defined terms in the Dictionary and cross-references to the Legislation Act 2001, Public Sector Management Act 1994, Crimes Act 1900 and others","Amendment history showing incremental additions (e.g. s 16A, s 33A, child sex offender functions) that layer new exceptions and powers onto the original 1990 structure"],"plain_english_summary":"**The Director of Public Prosecutions Act 1990** creates an independent Office of the Director of Public Prosecutions (DPP) in the Australian Capital Territory to handle criminal cases on behalf of the government.\n\nThe Director can start and run prosecutions for serious crimes (those heard by a jury, called 'indictable offences') and simpler ones, take over cases started by police or others, help coroners with investigations, deal with contempt of court matters, seek asset forfeitures or penalties, and handle certain civil claims for the Territory. The Director can also promise witnesses that their evidence won't be used against them (an 'undertaking' or immunity deal), launch or respond to appeals, and give general instructions to police and investigators on how to handle cases.\n\nThe Act explains how the Director is appointed (must be an experienced lawyer, appointed by the ACT Executive for up to seven years), how staff are hired, and the relationship with the Attorney-General (they must consult each other, but the Attorney-General can only issue broad, public directions, not interfere in individual cases). It protects the Director and staff from lawsuits if they act in good faith and allows the Director to prosecute some Commonwealth crimes too.\n\nIt matters because it aims to ensure fair, consistent prosecution decisions free from political pressure while keeping some accountability to the Attorney-General and the courts. Everyday people are affected when they are victims, witnesses, or defendants in ACT criminal cases."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded and adjusted since enactment through multiple amendments noted in the Act’s amendment history. Notable scope additions include: the power to conduct Commonwealth prosecutions under authorisation or agreement (s 16A inserted A1992-51), a statutory legal immunity for Director and staff acts in good faith (s 33A inserted A1995-29), and revisions to Attorney‑General directions and consultation rules (s 20 amended, including A2025-29). The functions list in s 6 has also been amended over time to include specific civil remedies and other procedural powers. These amendments broadened the Director’s operational remit (ss 6, 16A), clarified protective immunities (s 33A), and adjusted oversight and consultation arrangements (s 20)."},"complexity_factors":["Broad range of prosecutorial functions spanning criminal indictable and summary matters, civil remedies, forfeiture and pecuniary penalty proceedings (s 6)","Multiple decision‑makers and oversight layers: Director discretion, Executive appointment powers, Attorney‑General general directions and consultation requirements (ss 5, 22, 20)","Cross‑references to and interactions with other laws and instruments (Magistrates Court Act, Crimes Acts, Law Officers Act, Commonwealth agreements) (ss 6, 12, 16A)","Procedural provisions that alter litigation posture (taking over proceedings, obligations to provide materials, undertakings) that reallocate disclosure and investigative burdens (ss 8, 13, 9)","Delegation and representation rules that distribute functional execution across staff, consultants and external practitioners (ss 16, 17, 30–32)","Legal immunity provision combined with preservation of Territory liability, which affects risk allocation and possible costs (s 33A)"],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- This Act creates an Office of the Director of Public Prosecutions (the office) and sets out what that office and the Director can do (s 4, s 5, s 6).  Mechanically, it gives the Director the power to start, conduct, stop and appeal criminal prosecutions, certain civil proceedings connected to offences, and related matters (s 6, s 7, s 10).  It also provides practical rules about taking over proceedings begun by others, giving undertakings, using staff and consultants, and legal immunity for acts done in good faith (ss 3, 8–9, 16–17, 30–32, 33A).\n\n- Who is affected\n  - The Director and the Director’s staff: the Act sets appointment, term and conduct rules (appointment by the Executive, maximum term 7 years, minimum legal experience 5 years) and limits on outside work (s 22, s 25).  The staff are employed on behalf of the Territory under the Public Sector Management Act (s 30(1)–(2)).\n  - Courts and litigants: the Director can appear or be represented in court and may take over or end proceedings (ss 8, 16, 15).\n  - Police and investigators: the Director can request police assistance for further investigation; the chief police officer must comply as far as practicable (s 14).  When the Director considers taking over or does take over general proceedings, the person who started them must provide reports, witness statements and material documents to the Director (s 13).\n  - Attorney‑General and Executive: the Attorney‑General may request consultation with the Director and may give general directions or guidelines (which must be notified and presented to the Legislative Assembly) but must consult first (ss 19–21).  The Executive appoints the Director and determines appointment terms (s 22).\n\n- Key operational mechanics and decision points (source sections cited)\n  - Core prosecutorial powers: instituting and conducting indictable and summary prosecutions, committing proceedings, civil remedies related to offences, coronial assistance, forfeiture and pecuniary penalty actions, and appeals (s 6; see also ss 7, 10, 11).\n  - Taking over others’ proceedings: the Director may take over general proceedings started by anyone other than the Attorney‑General without consent (s 8).  When taking over, the Director can continue the suit in the Director’s name or end it (s 8(3)).  The initiating party must supply a full report, witness statements and material documents on request or where the Director indicates consideration or takes over (s 13).\n  - Undertakings and immunity: the Director can give undertakings that evidence or information obtained in specified proceedings will not be used against a person (s 9).  The Director and staff have immunity from action for acts or omissions done in good faith in exercising functions under this Act (s 33A(1)).\n  - Attorney‑General interaction: the Attorney‑General may give directions or guidelines of a general nature on prosecution and undertaking policy (s 20); such instruments are notifiable and must be tabled in the Assembly (s 20(5)–(6)).  The Attorney‑General cannot give case‑specific directions and must consult the Director before issuing a direction (s 20(3)–(4)).\n  - Delegation and representation: the Director may delegate functions to staff (s 17) and may be represented in court by office lawyers, authorised Law Officers Act persons, or other practising lawyers (s 16).\n  - Commonwealth prosecutions: where authorised under Commonwealth law, agreement or instrument, the Director or office lawyers may prosecute Commonwealth offences and handle related appeals (s 16A).\n  - Staffing and procurement: the Director employs staff on behalf of the Territory and may engage consultants with Attorney‑General approval of terms (ss 30–31).  The Director may also arrange to use public servants or Territory facilities (s 32).\n\n- Who pays, who decides, and how behaviour changes\n  - Who pays: the Territory funds and employs the Director’s staff (s 30(1)–(2)), and the Executive determines the Director’s appointment terms (s 22(3)).  Consultant terms require Attorney‑General approval (s 31(2)), implying Territory-funded engagements.\n  - Who decides: the Executive appoints the Director (s 22(1)); the Director controls prosecutorial decisions and the office (s 5, s 6); the Attorney‑General may give general directions (s 20) but must consult and cannot direct on particular cases (s 20(3)).\n  - Behaviour changes produced by the Act: police must respond to written requests for investigative assistance from the Director as far as practicable (s 14); prosecutors and investigators can be required by Director directions to refer specified offences to the Director (s 12(1)–(2)); persons who started proceedings must supply material if the Director indicates an intention to take over (s 13), shifting evidentiary and disclosure burdens toward the Director when taking over files.\n\n- Implementation, incentives and trade‑offs\n  - Centralisation of prosecutorial authority (the Director has broad, express discretion in ss 6–7 and the power to take over proceedings in s 8) creates a single decision‑maker for many Territory prosecutions.  That can produce consistent charging and appeal strategies, but it concentrates discretion in one office that remains subject to general, non‑case specific oversight by the Attorney‑General (s 20) and appointment/termination powers (ss 22, 28).  Those features set up a balance between operational independence (s 5, s 6) and executive oversight (ss 20, 22, 28).\n  - Compliance and administrative costs fall to Territory bodies and to persons who started proceedings: police must assist on request (s 14) and initiating parties must supply files and witness statements when the Director considers taking over (s 13).  The Director may also engage consultants with Attorney‑General‑approved terms, creating procurement and budget demands (s 31).\n  - Legal and operational risk allocation: the Act grants legal immunity for good faith acts and omissions by the Director and staff in exercising functions (s 33A(1)) while preserving the Territory’s potential liability in the same circumstances (s 33A(2)), which affects where residual legal cost and risk sit.\n  - Interjurisdictional coordination: the Director can give and accept undertakings covering interstate or Commonwealth proceedings (s 9(4)–(6)) and can be authorised to prosecute Commonwealth offences under specified instruments or agreements (s 16A).  That creates mechanisms to coordinate cross‑jurisdictional prosecutions but also relies on separate authorisations or agreements (s 16A(1)).\n\n- Concrete implementation risks and discretion points to watch (source pointers)\n  - How ‘‘general’’ Attorney‑General directions are drafted and how consultation is conducted (s 20(1)–(4)) determines the practical reach of executive oversight.\n  - The Director’s power to take over proceedings without consent (s 8(1)) and to end prosecutions (s 6(1)(k), s 7(6)) concentrates decisions about continuing or stopping cases.  That concentrates benefits (uniform charging/appeal approach) and places on the Director the administrative and evidentiary burdens of cases taken over (s 13, s 14).\n  - Undertakings that prevent use of evidence (s 9) create trade‑offs between obtaining cooperation and preserving prosecutorial options.\n\n- Summary statement of purpose and fit with existing processes\n  - The Act establishes and empowers a Territory Office of the Director of Public Prosecutions to centralise and standardise prosecution and related litigation functions (s 4, s 6).  The Act provides processes for interaction with police, the Attorney‑General and other prosecuting agencies, sets appointment and staffing rules, and provides legal protections for good faith acts by the Director and staff (ss 5, 12–14, 19–21, 22, 30–33A).  Those mechanics allocate operational authority to the Director, administrative and funding responsibility to the Territory, and general oversight to the Attorney‑General (ss 5, 22, 30, 20)."}},"importantCases":[],"_links":{"self":"/api/acts/director-of-public-prosecutions-act-1990","history":"/api/acts/director-of-public-prosecutions-act-1990/history","analysis":"/api/acts/director-of-public-prosecutions-act-1990/analysis","conflicts":"/api/acts/director-of-public-prosecutions-act-1990/conflicts","importantCases":"/api/acts/director-of-public-prosecutions-act-1990/important-cases","documents":"/api/acts/director-of-public-prosecutions-act-1990/documents"}}