{"id":"nsw:sl-2025-0391","name":"Director of Public Prosecutions Regulation 2025","slug":"director-of-public-prosecutions-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"391 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173761,"registerId":"nsw-sl-2025-0391-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Director of Public Prosecutions Regulation 2025](/view/html/inforce/current/sl-2025-0391).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Director of Public Prosecutions Regulation 2020](/view/html/repealed/current/sl-2020-0451), which would otherwise be repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > In this regulation—\n> > \n> > the Act means the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed summary offences","content":"#### 4 Prescribed summary offences\n\n4 Prescribed summary offences\n\n> > (1) For the Act, section 3(1), definition of prescribed summary offence, a summary offence is prescribed unless—\n> > \n> > > (a) the offence may not be prosecuted except with the consent of a Minister or a person authorised by a Minister to grant consent on behalf of that Minister, and\n> > \n> > > (b) that Minister or the person has not made an order under the Act, section 11(2) in relation to offences of that kind.\n> \n> > (2) In this section—\n> > \n> > consent includes authorisation, sanction and any similar authority.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed form for disclosures by law enforcement or investigating officers—the Act, s 15A(4)","content":"#### 5 Prescribed form for disclosures by law enforcement or investigating officers—the Act, s 15A(4)\n\n5 Prescribed form for disclosures by law enforcement or investigating officers—the Act, s 15A(4)\n\n> > (1) Disclosures by a law enforcement or investigating officer to the Director under the Act, section 15A must—\n> > \n> > > (a) be in the form set out in Schedule 1, and\n> > \n> > > (b) be completed, signed and dated by the law enforcement or investigating officer, and\n> > \n> > > (c) if the law enforcement or investigating officer is a law enforcement officer—be signed and dated by the law enforcement officer’s relevant superior officer, being—\n> > > \n> > > > (i) for a disclosure by a police officer—another police officer who holds a rank in the NSW Police Force senior to that police officer, or\n> > > \n> > > > (ii) for a disclosure by an officer of the New South Wales Crime Commission—the Commissioner or an Assistant Commissioner of the Commission, or\n> > > \n> > > > (iii) for a disclosure by an officer of the Law Enforcement Conduct Commission—the Chief Commissioner, a Commissioner or an Assistant Commissioner of the Commission, or\n> > > \n> > > > (iv) for a disclosure by an officer of the Independent Commission Against Corruption—the Commissioner or an Assistant Commissioner of the Commission.\n> \n> > (2) In this section—\n> > \n> > law enforcement officer means a law enforcement or investigating officer who is—\n> > \n> > > (a) a police officer, or\n> > \n> > > (b) an officer of the New South Wales Crime Commission, or\n> > \n> > > (c) an officer of the Law Enforcement Conduct Commission, or\n> > \n> > > (d) an officer of the Independent Commission Against Corruption.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal and savings","content":"#### 6 Repeal and savings\n\n6 Repeal and savings\n\n> > (1) The [Director of Public Prosecutions Regulation 2020](/view/html/repealed/current/sl-2020-0451) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Director of Public Prosecutions Regulation 2020](/view/html/repealed/current/sl-2020-0451), had effect under that regulation continues to have effect under this regulation.","sortOrder":5},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Disclosure certificate—prosecutions and advisings","content":"# Schedule 1 Disclosure certificate—prosecutions and advisings\n\nSchedule 1 Disclosure certificate—prosecutions and advisings\n\nsection 5(1)(a)\n\n([Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207), section 15A(4))\n\nMatter of—\n\nCharge No(s) \\[*if applicable*\\]—\n\nFor indictable or summary offence(s) of—\n\nAcknowledgement\n\nI am aware that, as a law enforcement or investigating officer investigating an alleged indictable or summary offence, I have a duty, under the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207) (the Act), section 15A, to disclose to the Director of Public Prosecutions (the DPP) all relevant material if the DPP exercises a function referred to in the Act, section 15A(1A).\n\nI understand relevant material to be 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\nI am aware that my duty to disclose continues until the DPP decides that the accused person will not be prosecuted for the alleged offence(s), the accused person is found guilty or acquitted, or the prosecution is terminated.\n\nI am aware that my duty to disclose as outlined above is subject to claims of privilege, public interest immunity or statutory immunity. I am aware that if I am a police officer, or an officer of the NSW Crime Commission, the Law Enforcement Conduct Commission or the Independent Commission Against Corruption, these kinds of claims are to be directed as follows—\n\n> (a) for police officers—through my Commander to the Office of the General Counsel of the NSW Police Force,\n\n> (b) for other law enforcement officers—through my manager to the Commissioner or an Assistant Commissioner of the agency of which I am an officer.\n\nI am aware that the duty to disclose is also subject to any statutory publication restriction. A statutory publication restriction is a prohibition or restriction on publication imposed by or under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 176 or 177, the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), section 45 or 45A or the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 112.\n\nCertification\n\nI certify that the information I have given in Schedules 1, 2 and 3 is true, to the best of my knowledge and belief.\n\nSchedule 1 relates to relevant protected material, being relevant material not contained in the brief of evidence, that is the subject of a claim of privilege, public interest immunity or statutory immunity. I am aware that I am required to disclose to the DPP the existence and nature of all such material. I am aware that I must retain the material for as long as my duty to disclose exists and provide the material to the DPP on request. I acknowledge that if I object to the disclosure of relevant protected material to the DPP, I can request a conference with the responsible solicitor in the Office of the Director of Public Prosecutions to discuss reasons for the objection.\n\nSchedule 2 relates to relevant material, not contained in the brief of evidence, that is the subject of a statutory publication restriction. I am aware that I am required to disclose to the DPP the existence of any such material, and the nature of the material, but only to the extent not prohibited by the statutory publication restriction. I am aware that I must retain the material for as long as my duty to disclose exists.\n\nSchedule 3 relates to relevant unprotected material, being relevant material not contained in the brief of evidence, that is not the subject of a privilege or an immunity claim or a statutory publication restriction. Unless impracticable to do so, I have attached a copy of all such material to this certificate. If a copy of any such material has not been provided, I am aware that I must retain the material for as long as my duty to disclose exists and facilitate access to the material by the DPP.\n\nUndertaking\n\nI undertake to advise the DPP in writing, as soon as practicable, if I become aware of any additional information, documents or other things that might reasonably be expected to assist the case for the prosecution or the case for the accused person.\n\nSigned \\[*officer responsible for investigation of case*\\]—\n\nDate—\n\nName—\n\nRank \\[*if applicable*\\]—\n\nReceived and noted by superior officer\\*\n\nSigned \\[*superior officer*\\]—\n\nDate—\n\nName—\n\nRank \\[*if applicable*\\]—\n\n\\*This form needs to be signed by a superior officer only if the disclosing law enforcement or investigating officer is a police officer or an officer of the NSW Crime Commission, the Law Enforcement Conduct Commission or the Independent Commission Against Corruption. For a police officer, it must be signed by a police officer who holds a rank in the NSW Police Force senior to the law enforcement officer. For other officers, it must be signed by the Commissioner or an Assistant Commissioner of the agency.\n\nSchedule 1: relevant protected material that is subject of claim of privilege or immunity\n\n| Certification* | Yes | No |\n| There is relevant protected material, not contained in the brief of evidence, that is the subject of a claim of privilege, public interest immunity or statutory immunity. The material is described in this schedule below. |  |  |\n| Description of item | Privilege/immunity sought** |\n|  |  |  |\n\nSchedule 2: relevant material that is subject of statutory publication restriction\n\n| Certification* | Yes | No |\n| There is relevant material, not contained in the brief of evidence, that is the subject of a statutory publication restriction and the existence of which I can disclose without contravening the statutory publication restriction. The material is described in this schedule below. [Describe the material only to the extent not prohibited by the statutory publication restriction] |  |  |\n| Description of item |\n|  |  |  |\n\nSchedule 3: relevant unprotected material that is not subject to claim of privilege or immunity or statutory publication restriction\n\n| Certification* | Yes | No |\n| There is relevant unprotected material, not contained in the brief of evidence, that is not the subject of a claim of privilege or immunity or a statutory publication restriction. The material is described in this schedule below. |  |  |\n\n| Description of item | Copy attached?*** |\n| Yes | No |\n|  |  |  |\n\n*\\*Tick either yes or no in relation to the statement*\n\n*\\*\\*Describe the nature of the privilege or immunity claim in relation to each item*\n\n*\\*\\*\\*Tick either yes or no in relation to each item*\n\nRequest for meeting with ODPP solicitor\\*\n\n|  | Yes | No |\n| I object to the disclosure of relevant protected material and request a conference with the responsible solicitor in the Office of the Director of Public Prosecutions. |  |  |\n\n*\\*Tick either yes or no in relation to the statement*","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument repeals and replaces the 2020 regulation (regs 2 and 6(1)) but expressly preserves existing acts, matters and things that had effect under the old regulation (reg 6(2)). Core scope—prescribing which summary offences fall to the DPP and setting the disclosure certificate and related obligations (regs 4–5; Schedule 1)—is presented as a continuity rather than an extension of powers."},"complexity_factors":["Cross‑references to multiple statutes and provisions that affect interpretation (definition of the Act in reg 3; references to the Director of Public Prosecutions Act 1986 s 3(1), s 11(2), s 15A(4); and external Acts cited in Schedule 1 such as the Law Enforcement Conduct Commission Act 2016, the Crime Commission Act 2012 and the Independent Commission Against Corruption Act 1988).","Conditional definition of ‘prescribed summary offence’ that depends on ministerial consent rules and the existence of an order under the Act, s 11(2) (reg 4) — creates a boundary that requires checking other decision points.","Prescribed disclosure form with detailed certification, retention and undertaking obligations (Schedule 1): requires officers to identify protected, restricted and unprotected material and to retain material until DPP determines outcome.","Different supervisory sign‑off requirements depending on agency and rank (reg 5(1)(c) and reg 5(2)) — multiple agency‑specific rules increase administrative coordination needs.","Interplay between disclosure duty and claims of privilege, public interest immunity or statutory publication restrictions (Schedule 1) — requires procedural steps for internal legal advice and possible ODPP conferences.","Repeal and savings clause (reg 6) that maintains continuity of existing acts/matters — introduces a transitional interpretive layer to confirm ongoing effect of prior decisions."],"plain_english_summary":"This regulation replaces the Director of Public Prosecutions Regulation 2020 and, mechanically, prescribes which summary offences fall within the DPP’s functions and sets the exact disclosure certificate that law‑enforcement and investigating officers must use when giving material to the DPP (regs 2–6; Schedule 1).\n\nIt applies to police and officers of the NSW Crime Commission, the Law Enforcement Conduct Commission and the Independent Commission Against Corruption, requires specified supervisory sign‑off for some disclosures (reg 5), and records how privilege and statutory publication restrictions are handled (Schedule 1)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. The document supplied contains only website metadata, navigation elements, and status information — no substantive provisions are visible. A meaningful scope assessment cannot be made."},"complexity_factors":["Substantive content of the regulation was not provided — only metadata and website navigation were included, making meaningful legal analysis impossible","What little content exists is straightforward administrative/status information (commencement date, repeal date, authorisation)","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of procedural context but is routine for NSW regulations","Score is low by default due to absence of substantive provisions — actual complexity could be significantly higher depending on the regulation's true content"],"plain_english_summary":"The Director of Public Prosecutions Regulation 2025 (NSW) is a subordinate regulation made under the Director of Public Prosecutions Act 1986, commenced 8 August 2025 and scheduled for automatic repeal on 1 September 2030. Its substantive provisions aren’t provided here, but it likely affects prosecutors, defence lawyers, accused persons, victims and agencies interacting with the DPP."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains the same narrow scope as its 2020 predecessor—governing administrative procedures for DPP prosecutions and disclosure obligations. The 2025 version appears to be a standard republication with updated cross-references and form formatting rather than an expansion of regulatory reach."},"complexity_factors":["Only 6 operative sections plus one schedule","Minimal cross-referencing (primarily to the Director of Public Prosecutions Act 1986 and a handful of other statutes)","Single defined term ('the Act') in section 3, with contextual definitions in sections 4(2) and 5(2)","Straightforward conditional logic in section 4 (simple double negative structure: 'prescribed unless...')","Schedule 1 is a form template with extensive explanatory notes, not substantive legal rules","No nested exceptions or complex temporal provisions beyond standard savings clause in section 6"],"plain_english_summary":"This regulation sets out the administrative rules for how the NSW Director of Public Prosecutions (DPP) operates. It does three main things:\n\n**1. Defines which minor criminal offences the DPP can handle**\n- Most summary offences (minor crimes dealt with in the Local Court) are automatically covered, except where a Minister must personally approve the prosecution and hasn't delegated that power to the DPP.\n\n**2. Creates a mandatory disclosure form for police and investigators**\n- When police or officers from anti-corruption and crime commissions send cases to the DPP, they must use a specific certificate (Schedule 1) that forces them to:\n  - Acknowledge their legal duty to hand over all evidence that might help the prosecution OR the accused person (this is called the 'disclosure obligation')\n  - List any sensitive material they're withholding due to legal privilege, public interest immunity, or statutory secrecy laws\n  - List any unrestricted evidence not in the main brief\n  - Promise to tell the DPP about any new evidence that emerges\n- Senior officers must sign off on disclosures from police, the NSW Crime Commission, the Law Enforcement Conduct Commission, and ICAC.\n\n**3. Replaces the old 2020 regulation**\n- The previous regulation is repealed, but anything valid under the old rules stays valid under the new ones.\n\n**Why this matters:** This ensures prosecutors get complete, honest disclosure of evidence—critical for fair trials and preventing wrongful convictions. It creates accountability by forcing investigators to formally certify what they're holding back and why."}},"importantCases":[],"_links":{"self":"/api/acts/director-of-public-prosecutions-regulation-2025","history":"/api/acts/director-of-public-prosecutions-regulation-2025/history","analysis":"/api/acts/director-of-public-prosecutions-regulation-2025/analysis","conflicts":"/api/acts/director-of-public-prosecutions-regulation-2025/conflicts","importantCases":"/api/acts/director-of-public-prosecutions-regulation-2025/important-cases","documents":"/api/acts/director-of-public-prosecutions-regulation-2025/documents"}}