{"id":"public-prosecutions-act-1994","name":"Public Prosecutions Act 1994","slug":"public-prosecutions-act-1994","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173311,"registerId":"vic-public-prosecutions-act-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Prosecutions Act 1994","content":"Version No. 048\n\n**Public Prosecutions Act 1994**\n\n**No. 43 of 1994**\n\nVersion incorporating amendments as at  \n26 October 2021\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 2\n\n3 Definitions 2\n\nPart 2—Director of Public Prosecutions 8\n\n9 Acting Director 8\n\n10 Director is responsible to Attorney-General 9\n\n11 Appearance by Director 10\n\n12 Annual report 10\n\nPart 3—Chief Crown Prosecutor 12\n\n13 Appointment 12\n\n14 Role of Chief Crown Prosecutor 12\n\n15 Terms and conditions 12\n\n15A Salary sacrifice—Chief Crown Prosecutor 13\n\n16 Resignation 14\n\n17 Suspension and removal from office 14\n\n18 Pension of Chief Crown Prosecutor and of his or her partner and children 15\n\n19 Acting Chief Crown Prosecutor 15\n\n19A Salary sacrifice—Acting Chief Crown Prosecutor 16\n\n19B Chief Crown Prosecutor may act as Director 17\n\n20 Chief Crown Prosecutor is responsible to Director 18\n\n21 Exercise of powers in cases of conflict of interest etc. 18\n\nPart 4—Functions and powers of Director 20\n\n22 Functions of Director 20\n\n23 Functions of Director in relation to public prosecutions service 23\n\n24 Matters to which Director must have regard 24\n\n25 Power to discontinue criminal proceedings 24\n\n25A Guidelines—briefing legal practitioners other than Crown Prosecutors and Associate Crown Prosecutors 24\n\n26 Guidelines—prosecutions of offences 25\n\n27 Director to be provided with certain information 26\n\n28 Director may request police assistance 26\n\n29 Director may make request to Attorney-General 27\n\n30 Delegation 27\n\nPart 5—Crown Prosecutors 29\n\n31 Appointment 29\n\n32 Terms and conditions 29\n\n32A Salary sacrifice—Crown Prosecutors 31\n\n33 Resignation 32\n\n34 Removal from office 32\n\n35 Pensions of Senior Crown Prosecutors and of their partners and children 33\n\n35A Senior Crown Prosecutor may act as Chief Crown Prosecutor 34\n\n36 Functions of Crown Prosecutors 34\n\nPart 6—Associate Crown Prosecutors 37\n\n37 Appointment 37\n\n38 Functions of Associate Crown Prosecutors 38\n\nPart 7—Office of Public Prosecutions 39\n\nDivision 1—Office of Public Prosecutions 39\n\n39 Office of Public Prosecutions 39\n\n40 Employment of staff 39\n\n41 Functions of Office 39\n\nDivision 2—Solicitor for Public Prosecutions 40\n\n42 Appointment 40\n\n43 Functions of Solicitor for Public Prosecutions 40\n\n44 Delegation 42\n\nPart 8—The Director's Committee 43\n\nDivision 1—Establishment and functions of Director's Committee 43\n\n45 Director's Committee 43\n\n45A Functions of Director's Committee 43\n\n45B Guidelines—regarding special decisions 44\n\nDivision 2—Special decisions 45\n\n45C Meeting to be held for special decisions 45\n\n45D Constitution of Director's Committee for meeting on special decision 45\n\n45E When meeting not required 47\n\n45F Report to Attorney-General if advice not followed 47\n\n45G Report to be tabled in Parliament 48\n\n45H Delegation of functions in relation to special decisions 48\n\nPart 9—Miscellaneous 50\n\n46 Immunity 50\n\n47 Outcome of trial cannot be challenged etc. on ground relating to special decision 51\n\n48 Judicial notice 52\n\n48A Consolidated annual report 52\n\n49 Supreme Court—limitation of jurisdiction 53\n\n50 Regulations 53\n\n51 Transitional provisions 54\n\n51A Transitional provisions (1998 amendments) 57\n\n52 Transitional provisions (1999 amendments) 57\n\n53 Transitional provision (2004 amendment) 58\n\n54 Transitional provision (2006 amendment) 58\n\n55 Validation provision 58\n\n56 Transitional provisions (2012 amendment) 59\n\nEndnotes 61\n\n1 General information 61\n\n2 Table of Amendments 64\n\n3 Amendments Not in Operation 68\n\n4 Explanatory details 69\n\n**Version No.** **048**\n\n**Public Prosecutions Act 1994**\n\n**No. 43 of 1994**\n\nVersion incorporating amendments as at  \n26 October 2021\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\nS. 1(a) amended by Nos 36/1995 s. 10(1), 62/1999 s. 3(1).\n\n(a) to provide for the appointment of a Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors and a Solicitor for Public Prosecutions and set out their respective functions and powers;\n\nS. 1(ab) inserted by No. 62/1999 s. 3(2).\n\n(ab) to set out the functions and powers of the Director of Public Prosecutions;\n\n(b) to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee on the decision;\n\nS. 1(c) repealed by No. 3/2012 s. 4(1).\n\n* * * * *\n\n(d) to establish an Office of Public Prosecutions;\n\nS. 1(e) amended by No. 3/2012 s. 4(2).\n\n(e) to establish a Director's Committee;\n\n(f) to repeal the **Director of Public Prosecutions Act 1982**.\n\n\t2 Commencement\n\n(1) This Part comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 1 July 1994, it comes into operation on that day.\n\nS. 3 amended by No. 4/2009 s. 37(Sch. 1 item 21.2) (ILA s. 39B(1)).\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *Associate Crown Prosecutor* inserted by No. 36/1995 s. 10(2)(a), amended by No. 3/2012 s. 5(1).\n\n***Associate Crown Prosecutor*** means an Associate Crown Prosecutor appointed under Part 6;\n\nS. 3(1) def. of *Australian lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 90.1), repealed by No. 17/2014 s. 160(Sch. 2 item 82.1(a)).\n\n ** * * * **\n\n***Chief Crown Prosecutor*** means Chief Crown Prosecutor appointed under Part 3;\n\n***Crown Prosecutor*** includes a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor;\n\nS. 3(1) def. of *direct indictment* inserted by No. 68/2009 s. 88(1).\n\n***direct indictment*** has the same meaning as in the **Criminal Procedure Act 2009**;\n\nS. 3(1) def. of *Director* amended by No. 62/1999 s. 4.\n\n***Director*** means Director of Public Prosecutions appointed under section 87AB of the **Constitution Act 1975**;\n\nS. 3(1) def. of *Director's Committee* substituted by No. 3/2012 s. 5(2).\n\n***Director's Committee*** means the Director's Committee established under Part 8;\n\nS. 3(1) def. of *discontinue a prosecution* inserted by No. 68/2009 s. 88(1).\n\n***discontinue a prosecution*** has the meaning given by Part 5.4 of Chapter 5 of the **Criminal Procedure Act 2009**;\n\nS. 3(1) def. of *domestic partner* inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).\n\n***domestic partner*** of a person means—\n\n(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or\n\n(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);\n\nS. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 90.1), amended by No. 17/2014 s. 160(Sch. 2 item 82.1(b)).\n\n***legal practitioner*** means an Australian legal practitioner;\n\nS. 3(1) def. of *partner* inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).\n\n***partner*** of a person means—\n\n(a) in relation to a person who became entitled to benefits under this Act before the commencement of section 9 of the **Constitution Amendment (Judicial Pensions) Act 2008**—\n\n(i) the person's husband, wife, widower or widow; or\n\n(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;\n\n(b) in any other case, the person's spouse or domestic partner;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 137.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *public prosecutions service* inserted by No. 3/2012 s. 5(4).\n\n***public prosecutions service*** means the service consisting of—\n\n(a) the Director of Public Prosecutions; and\n\n(b) the Chief Crown Prosecutor; and\n\n(c) Crown Prosecutors; and\n\n(d) Associate Crown Prosecutors; and\n\n(e) the Solicitor for Public Prosecutions; and\n\n(f) the Office of Public Prosecutions;\n\nS. 3(1) def. of *related offences* inserted by No. 68/2009 s. 88(1).\n\n***related offences*** has the same meaning as in the **Criminal Procedure Act 2009**;\n\nS. 3(1) def. of *special decision* amended by Nos 36/1995 s. 10(2)(b)(i)(ii), 35/1996  \ns. 453(Sch. 1 item 69.1), 50/2006 s. 36, 68/2009 s. 88(2), 3/2012 s. 5(3).\n\n***special decision*** means a decision—\n\n(a) to file a direct indictment against a person for an offence except where—\n\n(i) the person, or a legal practitioner representing the person, has consented in writing to an indictment being filed for that offence; or\n\n(ii) the person, or a legal practitioner representing the person, has indicated in writing an intention to plead guilty to that offence; or\n\n(b) subject to guidelines established by the Director's Committee under section 45A(1)(b), to discontinue a prosecution, or not to file an indictment within the period specified in section 163(1), (2) or (3) of the **Criminal Procedure Act 2009**, as the case requires, in relation to the charge or all the charges on which a person was committed for trial; or\n\n* * * * *\n\n(d) to file an indictment against a person for an offence if a Crown Prosecutor has declined to file, or an Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against filing, an indictment against that person for that offence or for an offence that is not materially different from that offence; or\n\n(e) to discontinue a prosecution in relation to a charge if a Crown Prosecutor, Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against discontinuing the prosecution in relation to that charge or has advised that that charge should be proceeded with; or\n\n(f) to appeal against, or seek any relief or remedy in respect of, an order of the Supreme Court or the County Court quashing, or granting a permanent stay of, an indictment or of a charge or charges on an indictment on the ground that for the person to be tried for the offence or offences charged in the indictment or in the charge or charges on the indictment (as the case requires) would constitute an abuse of process; or\n\n(g) to establish guidelines under section 26(1); or\n\n(h) of any other kind that, in the opinion of the Director, should be treated as a special decision for the purposes of this Act;\n\nS. 3(1) def. of *spouse* inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).\n\n***spouse*** of a person means a person to whom the person is, or was at the time of the person's death, married.\n\nS. 3(2) inserted by No. 4/2009 s. 37(Sch. 1 item 21.2).\n\n(2) For the purposes of the definition of ***domestic partner*** in subsection (1)—\n\n(a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\nPart 2—Director of Public Prosecutions\n\nNote to Pt 2 inserted by No. 3/2012 s. 6.\n\n**Note**\n\nThe Director of Public Prosecutions is appointed under Part IIIA of the **Constitution Act 1975**.\n\nS. 4  \namended by No. 36/1995 s. 4(1), repealed by No. 62/1999 s. 5.\n\n* * * * *\n\nS. 5  \namended by Nos 109/1994 s. 34(12)(a), 46/1998  \ns. 7(Sch. 1), repealed by No. 62/1999 s. 5.\n\n* * * * *\n\nSs 6, 7 repealed by No. 62/1999 s. 5.\n\n* * * * *\n\nS. 8  \namended by No. 109/1994 s. 34(12)(b), repealed by No. 62/1999 s. 5.\n\n* * * * *\n\n\t9 Acting Director\n\n(1) The Governor in Council may appoint a person who is eligible for appointment as the Director to act as the Director during any period when—\n\n(a) the office of Director is vacant; or\n\n(b) the Director is absent from duty or is, for any reason, unable to carry out the duties of the office.\n\nNote to s. 9(1) inserted by No. 3/2012 s. 7.\n\n**Note**\n\nSection 19B also provides that the Chief Crown Prosecutor may act as the Director if the Governor in Council has not appointed an Acting Director.\n\n(2) The Governor in Council may at any time terminate the appointment of the Acting Director.\n\n(3) The Acting Director has, during the period of the appointment, the same powers and duties as the Director and may perform any of the functions of the Director.\n\n(4) The Acting Director is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council.\n\nS. 9(5) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).\n\n(5) The office of Acting Director is not an authority within the meaning of section 104(1) of the **Public Administration Act 2004**.\n\n\t10 Director is responsible to Attorney-General\n\n(1) The Director is responsible to the Attorney-General for the due performance of his or her functions and exercise of his or her powers under this or any other Act.\n\n(2) Subject to this Act, nothing in subsection (1) affects or takes away from the authority of the Director in respect of the institution, preparation and conduct of proceedings under this or any other Act.\n\n\t11 Appearance by Director\n\nS. 11 amended by No. 35/1996  \ns. 453(Sch. 1 item 69.2).\n\nThe Director may appear in person, or be represented by a legal practitioner, in any proceedings instituted or conducted by the Director or arising out of proceedings instituted or conducted by the Director.\n\n\t12 Annual report\n\n(1) The Director must, in respect of each financial year, prepare an annual report on his or her operations during that year and submit the report to the Attorney-General not later than 31 October next following the financial year.\n\n(2) The report must—\n\n(a) be prepared in a form and contain information determined by the Director to be appropriate; and\n\nS. 12(2)(b) amended by No. 3/2012 s. 8(1).\n\n(b) contain a copy of any statement submitted to the Attorney-General under section 45F(1) that is laid before the Legislative Council or the Legislative Assembly by the Attorney-General during that year; and\n\nS. 12(2)(c) amended by No. 3/2012 s. 8(2).\n\n(c) contain a copy of any statement submitted to the Attorney-General under section 45F(1) during that year in relation to which the Director did not act under section 45F(2); and\n\n(d) contain any other information required by the Attorney-General.\n\n(3) The Attorney-General must cause each annual report submitted to him or her under this section to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be, after the report has been received by the Attorney-General.\n\n(4) If the Director fails to submit an annual report to the Attorney-General by 31 October in any year, the Attorney-General must report or cause to be reported that failure and the reasons for that failure to each House of the Parliament.\n\nPart 3—Chief Crown Prosecutor\n\n\t13 Appointment\n\nS. 13(1) amended by No. 18/2005 s. 18(Sch. 1 item 90.2).\n\n(1) The Governor in Council may appoint as Chief Crown Prosecutor a person who is an Australian lawyer of not less than 8 years' standing.\n\nS. 13(2) amended by No. 36/1995 s. 4(2).\n\n(2) Subject to this Part, a person appointed as Chief Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.\n\n\t14 Role of Chief Crown Prosecutor\n\nThe Chief Crown Prosecutor—\n\nS. 14(a) amended by Nos 36/1995 s. 10(3), 3/2012 s. 9.\n\n(a) subject to the general direction and control of the Director, has control of the day to day management of the Crown Prosecutors and Associate Crown Prosecutors so as to ensure that they perform their functions and duties in an effective, economic and efficient manner; and\n\n(b) has, in addition to the functions and powers given to the Chief Crown Prosecutor by or under this or any other Act, all the functions and powers of a Crown Prosecutor.\n\n\t15 Terms and conditions\n\nS. 15(1) amended by No. 31/2021 s. 21.\n\n(1) The Chief Crown Prosecutor is entitled to be paid the same salary as that payable to a judge of the County Court (other than the Chief Judge or the Deputy Chief Judge) under section 10 of the **County Court Act 1958**.\n\n(2) The Chief Crown Prosecutor must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office.\n\nS. 15(3) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).\n\n(3) The office of Chief Crown Prosecutor is not an authority within the meaning of section 104(1) of the **Public Administration Act 2004**.\n\nS. 15A inserted by No. 83/2008 s. 20.\n\n\t15A Salary sacrifice—Chief Crown Prosecutor\n\n(1) The Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future salary as a Chief Crown Prosecutor as non-salary benefits of an equivalent value.\n\n(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.\n\n(3) The Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*\n\n(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.\n\n(5) If, before the commencement of section 20 of the **Salaries Legislation Amendment (Salary Sacrifice) Act 2008** (the ***2008 Act***), a Chief Crown Prosecutor entered into an arrangement under which the Chief Crown Prosecutor agreed to receive the whole or  part of his or her total amount of salary as Chief Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.\n\n(6) On and after the commencement of section 20 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).\n\n(7) In subsection (1) ***non-salary benefits*** has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the **Public Administration Act 2004**.\n\n\t16 Resignation\n\nThe Chief Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation.\n\n\t17 Suspension and removal from office\n\n(1) The Governor in Council may suspend the Chief Crown Prosecutor from office.\n\n(2) If the Chief Crown Prosecutor is suspended from office the Attorney-General must cause a full statement of the ground or grounds of the suspension to be laid before each House of Parliament on or before the 7th sitting day of that House after the suspension.\n\n(3) The Governor in Council must remove the Chief Crown Prosecutor from office if each House of Parliament on or before the 7th sitting day of that House after the statement is laid before it passes a resolution declaring that the Chief Crown Prosecutor ought to be removed from office.\n\n(4) If both Houses of Parliament do not pass a resolution of the kind specified in subsection (3) within the time specified in that subsection, the Governor in Council must without delay remove the suspension and restore the Chief Crown Prosecutor to office.\n\n(5) The Chief Crown Prosecutor can only be removed from office in accordance with this section.\n\nS. 18 (Heading) inserted by No. 23/2008 s. 21(1).\n\n\t18 Pension of Chief Crown Prosecutor and of his or her partner and children\n\nS. 18(1)  \namended by Nos 23/2008 s. 21(2), 31/2021 s. 22.\n\n(1) The Chief Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge or the Deputy Chief Judge) and his or her partner and children are entitled to under section 14 of the **County Court Act 1958**.\n\n(2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the **County Court Act 1958** are liable to be suspended or determined.\n\nS. 18(2A) inserted by No. 19/2001 s. 17(1).\n\n(2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the **County Court Act 1958** may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary.\n\nS. 18(3) amended by No. 19/2001 s. 17(2).\n\n(3) All pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.\n\n\t19 Acting Chief Crown Prosecutor\n\n(1) The Governor in Council may appoint a person who is eligible for appointment as the Chief Crown Prosecutor to act as the Chief Crown Prosecutor during any period when—\n\n(a) the office of Chief Crown Prosecutor is vacant; or\n\n(b) the Chief Crown Prosecutor is absent from duty or is, for any reason, unable to carry out the duties of the office.\n\n(2) The Governor in Council may at any time terminate the appointment of the Acting Chief Crown Prosecutor.\n\n(3) The Acting Chief Crown Prosecutor has, during the period of the appointment, the same powers and duties as the Chief Crown Prosecutor and may perform any of the functions of the Chief Crown Prosecutor.\n\n(4) The Acting Chief Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council.\n\nS. 19(5) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).\n\n(5) The office of Acting Chief Crown Prosecutor is not an authority within the meaning of section 104(1) of the **Public Administration Act 2004**.\n\nS. 19A inserted by No. 83/2008 s. 21.\n\n\t19A Salary sacrifice—Acting Chief Crown Prosecutor\n\n(1) An Acting Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Acting Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value.\n\n(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.\n\n(3) An Acting Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*\n\n(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.\n\n(5) If, before the commencement of section 21 of the **Salaries Legislation Amendment (Salary Sacrifice) Act 2008** (the ***2008 Act***), an Acting Chief Crown Prosecutor entered into an arrangement under which the Acting Chief Crown Prosecutor agreed to receive the whole or  part of his or her total amount of remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.\n\n(6) On and after the commencement of section 21 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).\n\n(7) In subsection (1) ***non-salary benefits*** has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the **Public Administration Act 2004**.\n\nS. 19B inserted by No. 3/2012 s. 10.\n\n\t19B Chief Crown Prosecutor may act as Director\n\n(1) The Chief Crown Prosecutor or the Acting Chief Crown Prosecutor may act as the Director during any period when—\n\n(a) the office of Director is vacant; or\n\n(b) the Director is absent from duty or is, for any reason, unable to carry out the duties of the office.\n\n(2) Subsection (1) does not apply if the Governor in Council has appointed an Acting Director under section 9.\n\n(3) The Chief Crown Prosecutor or the Acting Chief Crown Prosecutor, while acting as the Director under subsection (1)—\n\n(a) has the same powers and duties as the Director; and\n\n(b) may perform any of the functions of the Director.\n\n\t20 Chief Crown Prosecutor is responsible to Director\n\n(1) The Chief Crown Prosecutor is responsible to the Director for the due performance of his or her functions and exercise of his or her powers under this or any other Act.\n\nS. 20(2) amended by No. 3/2012 s. 11(1).\n\n(2) Nothing in subsection (1) or section 23(f) empowers the Director to give any direction to the Chief Crown Prosecutor with respect to—\n\nS. 20(2)(a) amended by No. 68/2009 s. 89.\n\n(a) filing an indictment against any person for an offence in the performance of the function of a Crown Prosecutor as mentioned in section 36(1)(a); or\n\nS. 20(2)(b) amended by Nos 36/1995 s. 5(1), 3/2012 s. 11(2).\n\n(b) the performance of his or her functions or the exercise of his or her powers as a member of the Director's Committee; or\n\nS. 20(2)(c) inserted by No. 36/1995 s. 5(1).\n\n(c) the performance of a function or the exercise of a power by the Chief Crown Prosecutor under section 29.\n\n\t21 Exercise of powers in cases of conflict of interest etc.\n\n(1) If the Chief Crown Prosecutor considers it desirable in the interests of justice that he or she should not perform certain functions or exercise certain powers of the Chief Crown Prosecutor under this or any other Act, whether because of the existence or possible existence of a conflict of interest or for any other reason, he or she may report that fact to the Director.\n\n(2) If the Director agrees that it is in the interests of justice that the Chief Crown Prosecutor should not perform the functions or exercise the powers to which a report under subsection (1) relates, he or she may request a Crown Prosecutor to perform those functions or exercise those powers.\n\n(3) The performance of a function or the exercise of a power by a Crown Prosecutor under this section has the same effect for all purposes as it would have if it had been performed or exercised by the Chief Crown Prosecutor.\n\nPart 4—Functions and powers of Director\n\n\t22 Functions of Director\n\n(1) The functions of the Director are—\n\n(a) to institute, prepare and conduct on behalf of the Crown, proceedings in the High Court, Supreme Court or County Court in respect of any indictable offence;\n\nS. 22(1)(ab) inserted by No. 68/2009 s. 90(1).\n\n(ab) to take over and conduct any proceeding in respect of—\n\n(i) a summary offence which has been transferred to the Supreme Court or the County Court under section 145 of the **Criminal Procedure Act 2009**;\n\n(ii) a summary offence which is to be heard and determined by the Supreme Court or the County Court under section 242 or 243 of the **Criminal Procedure Act 2009**;\n\nS. 22(1)(ab)(iii) inserted by No. 57/2017 s. 51, amended by No. 27/2018 s. 363(a).\n\n(iii) a summary offence which has been transferred to the Supreme Court or the County Court under section 175 of the **Serious Offenders Act 2018**;\n\nS. 22(1)(ab)(iv) inserted by No. 57/2017 s. 51, amended by No. 27/2018 s. 363(b).\n\n(iv) a summary offence which is to be heard and determined by the Supreme Court or the County Court under section 176 of the **Serious Offenders Act 2018**;\n\n(b) if he or she considers it desirable to do so—\n\nS. 22(1)(b)(i) amended by No. 68/2009 s. 90(2).\n\n(i) to institute, prepare and conduct any committal proceeding under the **Criminal Procedure Act 2009**;\n\nS. 22(1)(b)(ii) amended by Nos 2/1998  \ns. 4, 68/2009 s. 90(3).\n\n(ii) to take over and conduct any proceedings in respect of any summary or indictable offence;\n\nS. 22(1)(b)(iii) amended by Nos 35/1996  \ns. 453(Sch. 1 item 69.3), 77/2008 s. 129(Sch. 2 item 22).\n\n(iii) on behalf of the Crown, to assist a coroner or to instruct legal practitioners assisting a coroner in any inquest under the **Coroners Act 2008**;\n\nS. 22(1)(ba) inserted by No. 2/1998  \ns. 5.\n\n(ba) to institute, prepare and conduct on behalf of the Crown or be a party to—\n\n(i) proceedings on an application under the **Crimes (Confiscation of Profits) Act 1986** or the **Confiscation Act 1997**;\n\n(ii) proceedings claiming any relief or remedy in the nature of certiorari, mandamus, prohibition or quo warranto in relation to a criminal proceeding;\n\nS. 22(1)(ba)(iii) amended by No. 62/1999 s. 6(1).\n\n(iii) proceedings on an application to a court for punishment of a person for a contempt of court committed, or for an injunction restraining a person from engaging in conduct that would or may constitute a contempt of court, in relation to a criminal proceeding (whether pending or otherwise);\n\nS. 22(1)(c) amended by No. 62/1999 s. 6(2).\n\n(c) to refer to the Attorney-General any matter in connection with which the Director considers that it may be desirable for the Attorney-General to apply to a court for punishment of a person for contempt of court;\n\nS. 22(1)(ca) inserted by No. 2/1998  \ns. 6(1).\n\n(ca) to grant indemnity from prosecution for any summary or indictable offence to a person on account of an undertaking given by that person to give evidence, or an understanding or expectation that that person will give evidence, in a specified proceeding;\n\nS. 22(1)(cb) inserted by No. 2/1998  \ns. 6(1).\n\n(cb) to give an undertaking to a person that an answer given, or statement or disclosure made, by that person in a specified proceeding will not be used in evidence against that person in any criminal proceeding, other than a proceeding in respect of the falsity of evidence given by that person;\n\nS. 22(1)(cc) inserted by No. 6/2007  \ns. 3(1).\n\n(cc) if the Director, with the consent of the Attorney-General, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth or another State or a Territory, to institute, prepare and conduct proceedings in accordance with that appointment, commission or authority;\n\nS. 22(1)(cd) inserted by No. 3/2012 s. 12(1).\n\n(cd) the functions in relation to the public prosecutions service set out in section 23;\n\nS. 22(1)(ce) inserted by No. 81/2011 s. 20.\n\n(ce) if the Director considers it desirable to do so, to provide advice to an agency, body or person that has a power to investigate or prosecute criminal offences, or a class of criminal offences, in relation to an investigation (including a reinvestigation of an offence of which a person has previously been acquitted) or a prosecution;\n\n(d) any other functions that are given to the Director by or under this or any other Act.\n\nS. 22(1A) inserted by No. 2/1998  \ns. 6(2).\n\n(1A) An indemnity under subsection (1)(ca) or an undertaking under subsection (1)(cb) may be subject to such conditions (if any) as the Director considers appropriate.\n\nS. 22(1B) inserted by No. 6/2007  \ns. 3(2).\n\n(1B) The Attorney-General's consent under subsection (1)(cc) may be general or specific in nature.\n\nS. 22(2) amended by No. 3/2012 s. 12(2).\n\n(2) Despite subsection (1), if the performance by the Director of any function or the exercise by the Director of any power is dependent on the making of a special decision, the Director may only perform that function or exercise that power after having obtained the advice of the Director's Committee on that special decision.\n\nS. 23 amended by Nos 36/1995 s. 10(4), 35/1996 s. 453(Sch. 1 item 69.4), 2/1998 s. 7, 18/2005 s. 18(Sch. 1 item 90.3), substituted by No. 3/2012 s. 13.\n\n\t23 Functions of Director in relation to public prosecutions service\n\nThe Director has the following functions in relation to the public prosecutions service—\n\n(a) to be the head of the public prosecutions service;\n\n(b) to ensure that the public prosecutions service functions in an efficient, economic and effective manner;\n\n(c) to recommend to the Attorney-General, after consulting with the Director's Committee, the appointment, re‑appointment or removal from office of Crown Prosecutors;\n\n(d) after consulting with the Director's Committee, to appoint Associate Crown Prosecutors in accordance with Part 6;\n\n(e) to appoint or remove a Solicitor for Public Prosecutions in accordance with Part 7;\n\n(f) to give directions to the following persons in accordance with this Act—\n\n(i) the Chief Crown Prosecutor;\n\n(ii) Crown Prosecutors;\n\n(iii) Associate Crown Prosecutors;\n\n(iv) the Solicitor for Public Prosecutions.\n\n\t24 Matters to which Director must have regard\n\nIn the performance of his or her functions the Director must have regard to—\n\n(a) considerations of justice and fairness; and\n\n(b) the need to conduct prosecutions in an effective, economic and efficient manner; and\n\n(c) the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.\n\n\t25 Power to discontinue criminal proceedings\n\nS. 25(1) repealed by No. 68/2009 s. 91.\n\n* * * * *\n\n(2) Nothing in this Act affects or takes away from the power of the Attorney-General to enter a nolle prosequi  in criminal proceedings.\n\nS. 25A inserted by No. 3/2012 s. 14.\n\n\t25A Guidelines—briefing legal practitioners other than Crown Prosecutors and Associate Crown Prosecutors\n\n(1) The Director may establish guidelines on the classes of proceedings in which he or she is to be consulted before legal practitioners, other than Crown Prosecutors or Associate Crown Prosecutors, are briefed to appear on behalf of the Director.\n\n(2) The Solicitor for Public Prosecutions must consult the Director before briefing a legal practitioner, other than a Crown Prosecutor or Associate Crown Prosecutor, to appear on behalf of the Director in a proceeding to which guidelines under subsection (1) apply.\n\nS. 26 (Heading) inserted by No. 3/2012 s. 15(1).\n\n\t26 Guidelines—prosecutions of offences\n\nS. 26(1) amended by No. 3/2012 s. 15(2).\n\n(1) Subject to this Act, the Director may establish guidelines with respect to the prosecution of offences for—\n\n(a) Crown Prosecutors and other persons acting as Crown Prosecutors; and\n\nS. 26(1)(ab) inserted by No. 36/1995 s. 10(5).\n\n(ab) Associate Crown Prosecutors; and\n\nS. 26(1)(b) amended by No. 37/2014 s. 10(Sch. item 137.2).\n\n(b) police officers; and\n\n(c) any other person or persons.\n\nS. 26(2) amended by No. 3/2012 s. 15(3).\n\n(2) Nothing in subsection (1) entitles the Director to establish guidelines in relation to a particular case.\n\nS. 26(3) amended by No. 3/2012 s. 15(4).\n\n(3) The Director must cause a copy of any guidelines established under subsection (1) to be published in the Government Gazette.\n\nS. 26(4) amended by Nos 36/1995 s. 10(6), 3/2012 s. 15(4).\n\n(4) Nothing in subsection (1) or in any guidelines established under that subsection prevents the performance or exercise by a Crown Prosecutor or Associate Crown Prosecutor of any of his or her functions or powers under this or any other Act.\n\n\t27 Director to be provided with certain information\n\n(1) This section applies to an offence with which a person has been charged if—\n\nS. 27(1)(a) amended by No. 3/2012 s. 16.\n\n(a) the offence is one in respect of which a direction has been given by the Director's Committee under section 45A(1)(a); or\n\n(b) the Director directs that the matter be referred to him or her; or\n\n(c) the informant considers that the matter should be referred to the Director.\n\n(2) If this section applies to the offence, the informant must provide to the Director—\n\n(a) a full report of the circumstances of the offence; and\n\n(b) copies of the statements of any witnesses; and\n\n(c) copies of all relevant documents; and\n\n(d) any other information and material that the Director may require.\n\n\t28 Director may request police assistance\n\n(1) If in relation to a criminal proceeding under consideration or being conducted by the Director a matter arises that requires further investigation, the Director may in writing request the Chief Commissioner of Police for assistance in the conduct of that investigation.\n\n(2) The Chief Commissioner of Police must as far as possible comply with a request under subsection (1).\n\n\t29 Director may make request to Attorney-General\n\n(1) The Director may request the Attorney-General to perform certain functions or exercise certain powers of the Director under this or any other Act if the Director considers it desirable in the interests of justice that he or she should not perform those functions or exercise those powers whether because of the existence or possible existence of a conflict of interest or for any other reason.\n\nS. 29(2) amended by No. 36/1995 s. 5(2).\n\n(2) If the Attorney-General agrees to a request under subsection (1) he or she may perform the functions or exercise the powers to which the request relates or request the Chief Crown Prosecutor or a Crown Prosecutor to perform those functions or exercise those powers.\n\nS. 29(3) amended by No. 36/1995 s. 5(3).\n\n(3) The performance of a function or the exercise of a power by the Attorney-General, the Chief Crown Prosecutor or a Crown Prosecutor under this section has the same effect for all purposes as it would have if it had been performed or exercised by the Director.\n\nS. 30 amended by Nos 36/1995 s. 6(1), 2/1998 s. 8(1)(a)(2) (ILA s. 39B(1)).\n\n\t30 Delegation\n\n(1) Subject to subsection (2), the Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor any function or power of the Director under this Act other than—\n\nS. 30(1)(a) amended by Nos 2/1998  \ns. 8(1)(b), 68/2009 s. 92(1).\n\n(a) the power to file an indictment against any person for an offence; and\n\nS. 30(1)(b) amended by No. 2/1998  \ns. 8(1)(c), repealed by No. 77/2013 s. 18(1).\n\n* * * * *\n\nS. 30(1)(c) substituted by No. 3/2012 s. 17.\n\n(c) any function or power the Director has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8; and\n\nS. 30(1)(ca) inserted by No. 3/2012 s. 17.\n\n(ca) a power in relation to the appointment of the Solicitor for Public Prosecutions or Associate Crown Prosecutors; and\n\n(d) this power of delegation.\n\nS. 30(2) inserted by No. 2/1998  \ns. 8(2), amended by No. 68/2009 s. 92(2).\n\n(2) The Director may only delegate his or her power to discontinue a prosecution to the Chief Crown Prosecutor or a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor and then only if the decision to discontinue the prosecution is not required to be treated as a special decision for the purposes of this Act.\n\nS. 30(3) inserted by No. 2/1998  \ns. 8(2), substituted by No. 77/2013 s. 18(2).\n\n(3) The Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor his or her power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding.\n\nPart 5—Crown Prosecutors\n\n\t31 Appointment\n\nS. 31(1) amended by No. 18/2005 s. 18(Sch. 1 item 90.4).\n\n(1) The Governor in Council may appoint as a Crown Prosecutor a person who is an Australian lawyer and who has practised as such for not less than 5 years.\n\n(2) The Governor in Council may appoint as many Crown Prosecutors as are required.\n\n(3) A person appointed as a Crown Prosecutor may be appointed as a Senior Crown Prosecutor.\n\nS. 31(4) repealed by No. 77/2013 s. 19.\n\n* * * * *\n\n(5) An appointment as a Crown Prosecutor may be made on a full-time or part-time basis.\n\n\t32 Terms and conditions\n\nS. 32(1) amended by Nos 36/1995  \ns. 4(3), 3/2012 s. 18(1).\n\n(1) Subject to subsection (1A), a person appointed as a Senior Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.\n\nS. 32(1A) inserted by No. 3/2012 s. 18(2).\n\n(1A) The reappointment of a Senior Crown Prosecutor may be for a period not exceeding 10 years if, at the reappointment date, the Senior Crown Prosecutor is entitled under section 35 to a pension if the Senior Crown Prosecutor resigns or retires.\n\n(2) Any other Crown Prosecutor holds office for the term, not exceeding 10 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.\n\n(3) Despite anything to the contrary in subsection (1) or (2), the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 of the Commonwealth or a member of the staff of the Office within the meaning of that Act may be appointed under this Act as a Crown Prosecutor for the period that he or she is that Director or such a member.\n\nS. 32(3A) inserted by No. 6/2007  \ns. 4, substituted by No. 77/2013 s. 20.\n\n(3A) Despite anything to the contrary in subsection (1) or (2), any of the following persons may be appointed under this Act as a Crown Prosecutor—\n\n(a) the Director of Public Prosecutions under the law of another State or a Territory;\n\n(b) a member of staff of the office of that Director who is an Australian lawyer;\n\n(c) a Crown Prosecutor appointed under the law of another State or a Territory.\n\nS. 32(3B) inserted by No. 77/2013 s. 20.\n\n(3B) A person appointed under subsection (3A) holds office—\n\n(a) for the term, not exceeding 20 years, specified in the instrument of appointment; or\n\n(b) until the person ceases to be a person referred to in subsection (3A)(a), (b) or (c), if the cessation occurs before the term of appointment expires.\n\n(4) A Crown Prosecutor is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.\n\n(5) A Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council.\n\n(6) A Crown Prosecutor appointed on a full-time basis must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office.\n\nS. 32(7) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).\n\n(7) The office of Crown Prosecutor is not an authority within the meaning of section 104(1) of the **Public Administration Act 2004**.\n\nS. 32A inserted by No. 83/2008 s. 22.\n\n\t32A Salary sacrifice—Crown Prosecutors\n\n(1) A Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Crown Prosecutor as non-salary benefits of an equivalent value.\n\n(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.\n\n(3) A Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General.\n\n(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.\n\n(5) If, before the commencement of section 22 of the **Salaries Legislation Amendment (Salary Sacrifice) Act 2008** (the ***2008 Act***), a Crown Prosecutor entered into an arrangement under which the Crown Prosecutor agreed to receive the whole or  part of his or her total amount of remuneration as a Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.\n\n(6) On and after the commencement of section 22 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).\n\n(7) In subsection (1) ***non-salary benefits*** has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the **Public Administration Act 2004**.\n\n\t33 Resignation\n\nA Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation.\n\n\t34 Removal from office\n\nThe Governor in Council may remove a Crown Prosecutor from office if—\n\n(a) he or she becomes bankrupt; or\n\n(b) in the opinion of the Governor in Council he or she is unable, because of mental illness, to perform the duties of the office; or\n\n(c) he or she is absent from duty for 14 days (whether or not consecutive) in any period of 12 months without the approval of the Director but not including any absence occasioned by illness or other unavoidable cause; or\n\n(d) he or she fails, without reasonable excuse, to comply with section 32(6); or\n\nS. 34(e) substituted by No. 3/2012 s. 19.\n\n(e) the Director, after consulting with the Director's Committee, recommends to the Attorney-General that the Crown Prosecutor be removed from office.\n\nS. 35 (Heading) inserted by No. 23/2008 s. 21(3).\n\n\t35 Pensions of Senior Crown Prosecutors and of their partners and children\n\nS. 35(1) amended by Nos 23/2008 s. 21(4), 31/2021 s. 23.\n\n(1) A Senior Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge or the Deputy Chief Judge) and his or her partner and children are entitled to under section 14 of the **County Court Act 1958**.\n\n(2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the **County Court Act 1958** are liable to be suspended or determined.\n\nS. 35(2A) inserted by No. 19/2001 s. 18(1).\n\n(2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the **County Court Act 1958** may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary.\n\nS. 35(3) amended by No. 19/2001 s. 18(2).\n\n(3) All pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.\n\nS. 35A inserted by No. 77/2013 s. 21.\n\n\t35A Senior Crown Prosecutor may act as Chief Crown Prosecutor\n\nS. 35A(1) substituted by No. 31/2021 s. 24.\n\n(1) The Director's Committee may appoint a Senior Crown Prosecutor to act as the Chief Crown Prosecutor during any period when—\n\n(a) the Chief Crown Prosecutor is acting as the Director under section 19B(1); or\n\n(b) the office of the Chief Crown Prosecutor is vacant; or\n\n(c) the Chief Crown Prosecutor is absent from duty or is, for any reason, unable to carry out the duties of the office.\n\n(2) Subsection (1) does not apply if the Governor in Council has appointed an Acting Chief Crown Prosecutor under section 19.\n\n(3) A Senior Crown Prosecutor, while acting as the Chief Crown Prosecutor under subsection (1)—\n\n(a) has the same powers and duties as the Chief Crown Prosecutor; and\n\n(b) may perform any of the functions of the Chief Crown Prosecutor.\n\n\t36 Functions of Crown Prosecutors\n\n(1) The functions of a Crown Prosecutor are—\n\nS. 36(1)(a) amended by No. 68/2009 s. 93(1).\n\n(a) in the name of the Director to file an indictment against any person for an offence in accordance with Part 5.2 of Chapter 5 of the **Criminal Procedure Act 2009**;\n\nS. 36(1)(b) amended by No. 35/1996  \ns. 453(Sch. 1 item 69.5)\n\n(b) to conduct, and appear in, proceedings on behalf of the Director;\n\nS. 36(1)(ba) inserted by No. 6/2007  \ns. 5(1).\n\n(ba) if the Crown Prosecutor, with the consent of the Director, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth or another State or a Territory, to institute, prepare and conduct proceedings in accordance with that appointment, commission or authority;\n\n(c) any other functions that are given to Crown Prosecutors by or under this or any other Act or by the Director.\n\nS. 36(2) amended by No. 68/2009 s. 93(2).\n\n(2) Despite subsection (1)(a), no Crown Prosecutor may file an indictment against a person for an offence if the decision to file an indictment for that offence is a special decision.\n\nS. 36(2A) inserted by No. 6/2007  \ns. 5(2).\n\n(2A) The Director's consent under subsection (1)(ba) may be general or specific in nature.\n\n(3) In the performance of his or her functions a Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.\n\nS. 36(4) substituted by No. 3/2012 s. 20(1).\n\n(4) A Crown Prosecutor is—\n\n(a) subject to the general direction and control of the Director in the performance of the Crown Prosecutor's functions; and\n\n(b) responsible to the Director for the due performance of the Crown Prosecutor's functions.\n\n(5) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to a Crown Prosecutor with respect to—\n\nS. 36(5)(a) amended by No. 68/2009 s. 93(3).\n\n(a) filing an indictment against any person for an offence in the performance of the function mentioned in subsection (1)(a); or\n\nS. 36(5)(b) amended by No. 36/1995 s. 5(4), substituted by No. 3/2012 s. 20(2).\n\n(b) the functions and powers a Crown Prosecutor has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8; or\n\nS. 36(5)(c) inserted by No. 36/1995 s. 5(4).\n\n(c) the performance of a function or the exercise of a power by a Crown Prosecutor under section 29.\n\nPt 5A (Heading and ss 36A–36E) inserted by No. 36/1995 s. 7, amended by Nos 35/1996  \ns. 453(Sch. 1 item 69.5), 108/2004 s. 117(1) (Sch. 3 item 167.2), 18/2005 s. 18(Sch. 1 item 90.4), 83/2008 s. 23, repealed by No. 3/2012 s. 21.\n\n* * * * *\n\nPt 6 (Heading and ss 37–39) amended by Nos 36/1995 ss 6(2), 8, 10(7), 35/1996 s. 453(Sch. 1 item 69.6), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.3), 68/2009 s. 94, substituted as Pt 6 (Heading and ss 37, 38) by No. 3/2012 s. 21.\n\nPart 6—Associate Crown Prosecutors\n\nS. 37 substituted by No. 3/2012 s. 21.\n\n\t37 Appointment\n\n(1) The Director, after consulting with the Director's Committee, may, on behalf of the Crown, appoint as an Associate Crown Prosecutor a person who is an Australian lawyer and who has practised as such for not less than 3 years.\n\n(2) The appointment is to be made under Part 3 of the **Public Administration Act 2004**.\n\n(3) The designation of the Solicitor for Public Prosecutions under the **Public Administration Act 2004** as having the functions of a public service body Head in relation to Associate Crown Prosecutors does not affect the operation of subsections (1) and (2).\n\n(4) The Director has no power to remove an Associate Crown Prosecutor.\n\n**Note**\n\nAssociate Crown Prosecutors appointed under this section may have their employment terminated by the Solicitor for Public Prosecutions in accordance with Division 8 of Part 3 of the **Public Administration Act 2004**. This is because the Solicitor for Public Prosecutions has the functions of a public service body Head under that Act in respect of those Associate Crown Prosecutors.\n\nS. 38 substituted by No. 3/2012 s. 21.\n\n\t38 Functions of Associate Crown Prosecutors\n\n(1) The functions of an Associate Crown Prosecutor are—\n\n(a) to conduct, and appear in, proceedings on behalf of the Director;\n\n(b) any other functions that are given to Associate Crown Prosecutors by or under this or any other Act or by the Director.\n\n(2) In the performance of his or her functions an Associate Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.\n\n(3) An Associate Crown Prosecutor is—\n\n(a) subject to the general direction and control of the Director in the performance of the Associate Crown Prosecutor's functions; and\n\n(b) responsible to the Director for the due performance of the Associate Crown Prosecutor's functions; and\n\n(c) under the day to day management of the Chief Crown Prosecutor.\n\n**Note**\n\nThe Solicitor for Public Prosecutions has the functions of a public service body Head under the **Public Administration Act 2004** in relation to Associate Crown Prosecutors.\n\n(4) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to an Associate Crown Prosecutor with respect to the functions and powers an Associate Crown Prosecutor has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8.\n\nPt 7 (Heading and ss 40, 41) amended by Nos 36/1995 s. 6(3), 46/1998 s. 7(Sch. 1), 4/2004 s. 5, 108/2004 s. 117(1) (Sch. 3 item 167.3), substituted as Pt 7 (Heading and ss 39–44) by No. 3/2012 s. 21.\n\nPart 7—Office of Public Prosecutions\n\nDivision 1—Office of Public Prosecutions\n\nS. 39 substituted by No. 3/2012 s. 21.\n\n\t39 Office of Public Prosecutions\n\n(1) There continues to be established an Office of Public Prosecutions.\n\n(2) The Office consists of—\n\n(a) the Solicitor for Public Prosecutions; and\n\n(b) as many other members of staff as are necessary to enable the Office to do its work.\n\nS. 40 substituted by No. 3/2012 s. 21.\n\n\t40 Employment of staff\n\nThe members of staff of the Office of Public Prosecutions referred to in section 39(2)(b) are to be employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 41 substituted by No. 3/2012 s. 21.\n\n\t41 Functions of Office\n\n(1) The functions of the Office of Public Prosecutions are—\n\n(a) to prepare and conduct effectively, economically and efficiently on behalf of the Director—\n\n(i) any proceeding or other matter referred to in section 22(1);\n\n(ii) any other proceeding or matter in which the Director is involved;\n\n(b) to provide for the appearance of members of staff of the Office of Public Prosecutions in proceedings on behalf of the Director in accordance with guidelines established by the Director's Committee under section 45A(1)(c).\n\n(2) In the performance of the functions of the Office of Public Prosecutions, members of staff of the Office must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.\n\nDivision 2—Solicitor for Public Prosecutions\n\nS. 42 substituted by No. 3/2012 s. 21.\n\n\t42 Appointment\n\n(1) The Director may, on behalf of the Crown, appoint a person as the Solicitor for Public Prosecutions.\n\n(2) The appointment is to be an executive appointment under Part 3 of the **Public Administration Act 2004**.\n\n**Notes**\n\n1 The Solicitor for Public Prosecutions has the functions of a public service body Head under the **Public Administration Act 2004** in relation to the Office of Public Prosecutions and Associate Crown Prosecutors appointed under section 37.\n\n2 The Solicitor for Public Prosecutions is required to prepare a report of operations and financial statements of the Office of Public Prosecutions for each financial year under Part 7 of the **Financial Management Act 1994**.\n\nS. 43 substituted by No. 3/2012 s. 21.\n\n\t43 Functions of Solicitor for Public Prosecutions\n\n(1) The functions of the Solicitor for Public Prosecutions are—\n\n(a) to manage the Office of Public Prosecutions on behalf of the Director; and\n\n(b) to brief Crown Prosecutors or Associate Crown Prosecutors to appear in proceedings on behalf of the Director or, subject to section 25A, legal practitioners other than Crown Prosecutors or Associate Crown Prosecutors; and\n\n(c) the functions conferred on the Solicitor for Public Prosecutions as a member of the Director's Committee; and\n\n(d) any other functions that are given to the Solicitor for Public Prosecutions by or under this or any other Act or by the Director.\n\n(2) Nothing in subsection (1)(b) affects or takes away from the authority of the Chief Crown Prosecutor under section 14(a).\n\n(3) In the performance of his or her functions the Solicitor for Public Prosecutions must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.\n\n(4) The Solicitor for Public Prosecutions is—\n\n(a) subject to the general direction and control of the Director in the performance of the Solicitor's functions; and\n\n(b) responsible to the Director for the due performance of the Solicitor's functions.\n\n(5) Nothing in this section or section 31A of the **Public Administration Act 2004** affects or takes away from the role of the Chief Crown Prosecutor in controlling the day to day management of Associate Crown Prosecutors under section 14(a).\n\nS. 44 substituted by No. 3/2012 s. 21.\n\n\t44 Delegation\n\nThe Solicitor for Public Prosecutions may, by instrument, delegate to any member of staff employed in the Office of Public Prosecutions any function or power of the Solicitor for Public Prosecutions under this Act, other than this power of delegation.\n\nPt 8 (Heading and ss 42–45) amended by No. 36/1995 s. 10(8)(9), substituted as Pt 8 (Heading and ss 45–45H) by No. 3/2012 s. 21.\n\nPart 8—The Director's Committee\n\nDivision 1—Establishment and functions of Director's Committee\n\nS. 45 substituted by No. 3/2012 s. 21.\n\n\t45 Director's Committee\n\n(1) There is established a Director's Committee.\n\n(2) Subject to this Part, the Director's Committee consists of the following persons—\n\n(a) the Director, who is to be the Chairperson;\n\n(b) the Chief Crown Prosecutor;\n\n(c) the Solicitor for Public Prosecutions.\n\n(3) Subject to Division 2, the Director's Committee may regulate its own meeting procedure.\n\nS. 45A inserted by No. 3/2012 s. 21.\n\n\t45A Functions of Director's Committee\n\n(1) The Director's Committee has the following functions—\n\nS. 45A(1)(a) amended by No. 37/2014 s. 10(Sch. item 137.2).\n\n(a) to give directions to police officers and other persons in relation to the offences or classes of offence that are to be referred to the Director for the institution and conduct of proceedings;\n\n(b) to establish guidelines in accordance with section 45B on the circumstances in which a decision of a kind referred to in paragraph (b) of the definition of ***special decision*** is not to be treated as a special decision for the purposes of this Act;\n\n(c) to establish guidelines on the circumstances in which members of staff of the Office of Public Prosecutions may appear in court;\n\n(d) the functions in relation to special decisions set out in Division 2;\n\nS. 45A(1)(da) inserted by No. 77/2013 s. 22.\n\n(da) to appoint a Senior Crown Prosecutor to act as the Chief Crown Prosecutor under section 35A(1);\n\n(e) to consult with the Director in relation to the appointment or reappointment of a Crown Prosecutor or Associate Crown Prosecutor;\n\n(f) to consult with the Director in relation to the removal of a Crown Prosecutor from office;\n\n(g) to provide advice to the Director in relation to the public prosecutions service.\n\n(2) Nothing in this section empowers the Director's Committee to give any direction to the Director, the Chief Crown Prosecutor, any Crown Prosecutor or Associate Crown Prosecutor or the Solicitor for Public Prosecutions with respect to the performance or exercise of his or her functions or powers.\n\nS. 45B inserted by No. 3/2012 s. 21.\n\n\t45B Guidelines—regarding special decisions\n\nIn establishing guidelines under section 45A(1)(b), the Director's Committee must have regard to the need to ensure that the decision-making process is not unnecessarily protracted in cases where—\n\n(a) because of a change in circumstances since the committal proceeding there is not any reasonable prospect of conviction on the charge or all the charges on which a person was committed for trial; and\n\n(b) in the particular circumstances only one decision could reasonably be made in relation to the charge or all the charges on which a person was committed for trial; or\n\n(c) the nature and gravity of the charge or all the charges on which a person was committed for trial was not such as to warrant a decision in relation to it or them being treated as a special decision.\n\nDivision 2—Special decisions\n\nS. 45C inserted by No. 3/2012 s. 21.\n\n\t45C Meeting to be held for special decisions\n\n(1) Before making a special decision, the Director must hold a meeting of the Director's Committee to consider the decision.\n\n(2) The purpose of the meeting is to provide advice to the Director on the special decision in relation to which it is held.\n\nS. 45D inserted by No. 3/2012 s. 21.\n\n\t45D Constitution of Director's Committee for meeting on special decision\n\n(1) For the purposes of a meeting referred to in section 45C, the Director's Committee is to be constituted by—\n\n(a) the Director, who is to be the chairperson; and\n\n(b) the Chief Crown Prosecutor; and\n\n(c) in the case of a special decision of a kind referred to in paragraph (d) or (e) of the definition of that term in section 3—\n\n(i) the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned; or\n\n(ii) if both a Crown Prosecutor and an Associate Crown Prosecutor are concerned, the Crown Prosecutor concerned; or\n\n(iii) if more than one Crown Prosecutor is concerned, the most senior Crown Prosecutor concerned; or\n\n(iv) if more than one Australian lawyer (other than a Crown Prosecutor or an Associate Crown Prosecutor) is concerned, the most senior counsel concerned; or\n\n(v) if one or more than one Crown Prosecutor and one or more than one Associate Crown Prosecutor or other Australian lawyer are concerned, the most senior Crown Prosecutor concerned; or\n\n(vi) if the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned is not available, the most senior Crown Prosecutor available; and\n\n(d) in any other case, the most senior Crown Prosecutor available.\n\n**Note**\n\nThe Solicitor for Public Prosecutions is not a member of the Director's Committee for the purposes of a meeting on a special decision.\n\n(2) Subject to this Division, the Director's Committee may regulate its own meeting procedure under this Division.\n\nS. 45E inserted by No. 3/2012 s. 21.\n\n\t45E When meeting not required\n\nDespite section 45C, the Director is not required to convene a meeting of the Director's Committee in relation to a particular special decision if the Chief Crown Prosecutor and the person referred to in section 45D(1)(c) or (d) (as the case requires) have each—\n\n(a) provided written advice to the Director on the special decision; and\n\n(b) informed the Director in writing that, in his or her opinion, it is not necessary to convene a meeting of the Committee.\n\nS. 45F inserted by No. 3/2012 s. 21.\n\n\t45F Report to Attorney-General if advice not followed\n\nS. 45F(1) amended by No. 70/2013 s. 3(Sch. 1 item 43).\n\n(1) If the Director makes a special decision contrary to the advice of the other two members of the Director's Committee, he or she must as soon as practicable submit to the Attorney-General, for laying before Parliament, a statement in writing setting out that decision and the reason or reasons for it.\n\n(2) The Director may, at the time of submitting a statement to the Attorney-General under subsection (1), inform the Attorney-General in writing that in his or her opinion the interests of justice require that the statement not be laid before Parliament until all proceedings in relation to the matter (including proceedings by way of appeal from, or otherwise arising out of, proceedings in relation to the matter) are determined or discontinued.\n\n(3) If the Director acts under subsection (2) in relation to a matter, he or she must inform the Attorney-General in writing that all proceedings in relation to that matter have been determined or discontinued within 7 days after that determination or discontinuance occurring.\n\nS. 45G inserted by No. 3/2012 s. 21.\n\n\t45G Report to be tabled in Parliament\n\nThe Attorney-General must cause a statement submitted to him or her under section 45F(1) to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be—\n\n(a) after the receipt by him or her of the statement; or\n\n(b) after being informed by the Director under section 45F(3) of the determination or discontinuance of all proceedings in relation to the matter if, at the time of submitting the statement to the Attorney-General, the Director acted under section 45F(2) and the Attorney-General considered that the interests of justice required that the statement not be laid before Parliament until all proceedings referred to in that subsection had been determined or discontinued.\n\nS. 45H inserted by No. 3/2012 s. 21.\n\n\t45H Delegation of functions in relation to special decisions\n\nS. 45H(1) amended by No. 77/2013 s. 23(1)(a).\n\n(1) Despite anything to the contrary in this Act, if the Director will not be available for any reason to act as a member of the Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this Division in respect of that period to the Chief Crown Prosecutor.\n\nS. 45H(1)(a)(b) repealed by No. 77/2013 s. 23(1)(b).\n\n* * * * *\n\nS. 45H(2) amended by No. 77/2013 s. 23(2)(a).\n\n(2) Despite anything to the contrary in this Act, if the Chief Crown Prosecutor will not be available for any reason to act as a member of the Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this Division in respect of that period to a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor.\n\nS. 45H(2)(a)(b) repealed by No. 77/2013 s. 23(2)(b).\n\n* * * * *\n\n(3) If the functions and powers of the Director under this Division in respect of a particular period are delegated to the Chief Crown Prosecutor under subsection (1), the Chief Crown Prosecutor must, by instrument, delegate in accordance with subsection (2) (as if he or she were not available) his or her functions and powers under this Division in respect of that period.\n\n(4) If a person to whom functions and powers are delegated in accordance with subsection (1) or (2) has begun to consider a special decision but the period of delegation expires before his or her functions under this section have been completed in relation to that decision, the delegate must complete those functions in all respects as if the delegation had not expired.\n\nPart 9—Miscellaneous\n\nS. 46 amended by No. 44/1997  \ns. 32,  \nrepealed by No. 62/1999 s. 7, new s. 46 inserted by No. 4/2004 s. 3.\n\n\t46 Immunity\n\n(1) This section applies to a person who is or has been (whether before or after the commencement of section 3 of the **Public Prosecutions (Amendment) Act 2004**)—\n\n(a) the Director;\n\n(b) the Chief Crown Prosecutor;\n\n(c) a Crown Prosecutor;\n\nS. 46(1)(d) substituted by No. 3/2012 s. 22(1).\n\n(d) an Associate Crown Prosecutor appointed under section 36A as in force before the commencement of section 21 of the **Public Prosecutions Amendment Act 2012**;\n\nS. 46(1)(e) substituted by No. 3/2012 s. 22(2).\n\n(e) the Solicitor for Public Prosecutions appointed under section 37 as in force before the commencement of section 21 of the **Public Prosecutions Amendment Act 2012**;\n\n(f) a member of staff employed in the Office of Public Prosecutions in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director;\n\nS. 46(1)(g) amended by No. 3/2012 s. 22(3).\n\n(g) a member of the Committee for Public Prosecutions appointed under section 42(2)(d) as in force before the commencement of section 21 of the **Public Prosecutions Amendment Act 2012**;\n\n(h) the Director of Public Prosecutions under the **Director of Public Prosecutions Act 1982** or a Prosecutor for the Queen holding office before the commencement of section 51(3) of this Act under section 352 of the **Crimes Act 1958**;\n\n(i) a member of staff referred to in section 51(8) employed in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director of Public Prosecutions under the **Director of Public Prosecutions Act 1982**.\n\n(2) A person to whom this section applies is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the **Director of Public Prosecutions Act 1982**; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the **Director of Public Prosecutions Act 1982**.\n\n(3) Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the State.\n\nS. 47 amended by No. 68/2009 s. 95.\n\n\t47 Outcome of trial cannot be challenged etc. on ground relating to special decision\n\nA verdict returned by a jury on a trial on indictment or an order made by a court on or in connection with such a verdict is not liable to be challenged, appealed against, reviewed, quashed, set aside or called in question in any legal proceeding (including a proceeding for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief) on the ground that the filing of the indictment was dependent on the making of a special decision and that the procedures prescribed by this Act with respect to the making of special decisions had not been complied with in relation to that special decision.\n\n\t48 Judicial notice\n\nAll courts must take judicial notice of—\n\nS. 48(a) amended by No. 36/1995 s. 10(10)(a), substituted by No. 3/2012 s. 23.\n\n(a) the signature of any person who is or has been—\n\n(i) the Director or an Acting Director; or\n\n(ii) the Chief Crown Prosecutor or an Acting Chief Crown Prosecutor; or\n\n(iii) a Crown Prosecutor; or\n\n(iv) an Associate Crown Prosecutor who was appointed before the commencement of section 21 of the **Public Prosecutions Amendment Act 2012**—\n\nwhere that signature purports to be on any official document; and\n\nS. 48(b) amended by No. 36/1995 s. 10(10)(b).\n\n(b) the fact that that person is or was the Director, Acting Director, Chief Crown Prosecutor, Acting Chief Crown Prosecutor, Crown Prosecutor or Associate Crown Prosecutor (as the case requires).\n\nS. 48A inserted by No. 36/1995 s. 9, amended by No. 3/2012 s. 24.\n\n\t48A Consolidated annual report\n\nThe Attorney-General may consolidate in the one document both the report under section 12 of this Act and the report of operations of the Office of Public Prosecutions under Part 7 of the **Financial Management Act 1994**.\n\nS. 49 amended by No. 62/1999 s. 8, substituted by No. 68/2009 s. 96.\n\n\t49 Supreme Court—limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court from—\n\n(a) entertaining any proceeding in which a verdict returned by a jury on a trial on indictment or an order made by a court on or in connection with such a verdict is sought to be challenged, appealed against, reviewed, quashed, set aside or called in question on the ground that the filing of the indictment was dependent on the making of a special decision and that the procedures prescribed by this Act with respect to the making of special decisions had not been complied with in relation to that special decision; or\n\n(b) entertaining any application by a person for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief in respect of a verdict returned by a jury on a trial on indictment or an order made by a court on or in connection with such a verdict on the ground referred to in paragraph (a).\n\n\t50 Regulations\n\nThe Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n\t51 Transitional provisions\n\n(1) The office of Director of Public Prosecutions under this Act must be taken to be the same office as the office of Director of Public Prosecutions under the **Director of Public Prosecutions Act 1982**.\n\n(2) The person holding office as Director of Public Prosecutions under the **Director of Public Prosecutions Act 1982** immediately before the commencement of this subsection must be taken to have been appointed as Director under this Act and, despite section 4(2), to have been so appointed until he attains the age of 65 years.\n\n(3) On the commencement of this subsection the office of Prosecutor for the Queen is abolished and any holder of that office goes out of office.\n\n(4) A person holding office as a Prosecutor for the Queen under section 352 of the **Crimes Act 1958** immediately before the commencement of subsection (3) is, despite section 32, entitled to be appointed with effect from that commencement as a Crown Prosecutor under this Act—\n\n(a) for a term equal to the balance of the term of his or her appointment as a Prosecutor for the Queen immediately before that commencement; and\n\n(b) with any entitlement in relation to leave of absence that, in the opinion of the Attorney-General, had or may have accrued to him or her in the office of Prosecutor for the Queen immediately before that commencement; and\n\n(c) subject to the terms and conditions to be specified in the instrument of appointment.\n\n(5) The terms and conditions with respect to salary and superannuation specified in the instrument of appointment of a person referred to in subsection (4) must be no less favourable to that person than those on which he or she held office as a Prosecutor for the Queen immediately before the commencement of subsection (3).\n\n(6) The making presentment at the Supreme Court or County Court of any person for an offence is not in any way affected by reason only of the abolition of the office of Prosecutor for the Queen and any presentment that was signed before the commencement of subsection (3) by a person who then held the office of Prosecutor for the Queen but which was not filed at that Court before that commencement is valid if at the time of its filing at that Court the person who signed it holds the office of Crown Prosecutor under this Act.\n\n(7) Any reference to a Prosecutor for the Queen in any Act or in any subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** or in any other document whatsoever shall, so far as it relates to any period after the commencement of subsection (3) and if not inconsistent with the context or subject-matter, be construed as a reference to a Crown Prosecutor.\n\n(8) All staff holding an appointment under section 8 of the **Director of Public Prosecutions Act 1982** immediately before the commencement of this subsection must be taken to be employed in the Office of Public Prosecutions on and from that commencement.\n\n(9) Despite the repeal by this Act of section 18(3) of the **Director of Public Prosecutions Act 1982**, the Director continues, subject to this Act, to have the power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding despite the Act conferring that power on the Attorney-General or a law officer.\n\n(10) Despite anything to the contrary in this or any other Act and despite the repeal by this Act of section 16 of the **Director of Public Prosecutions Act 1982**—\n\n(a) the Director must prepare and deliver to the Attorney-General in accordance with that section a report on the operations of the Director's office during the period beginning 1 July 1993 and ending on the day before the day on which section 52 of this Act comes into operation;\n\n(b) the report prepared and submitted to the Attorney-General by the Director in accordance with section 12 of this Act for the period ending 30 June 1995 must be for the period beginning on the day on which section 52 comes into operation and ending 30 June 1995;\n\n(c) the report prepared and submitted to the Attorney-General by the Committee for Public Prosecutions in accordance with section 45 of this Act for the period ending 30 June 1995 must be for the period beginning on the day on which section 52 comes into operation and ending 30 June 1995.\n\n(11) An application made before the commencement of section 46 to a court for punishment of a person for a contempt of court that involves an interference with the administration of justice is not in any way affected by that section and that application may be dealt with in all respects as if this Act had not been passed.\n\nS. 51A inserted by No. 2/1998  \ns. 9.\n\n\t51A Transitional provisions (1998 amendments)\n\nThe amendment of section 22(1)(b)(ii) made by section 4 of the **Public Prosecutions (Amendment) Act 1998** applies to proceedings in respect of an indictable offence, irrespective of whether they were commenced before or after the commencement of that amendment.\n\nS. 52 repealed by No. 2/1998 s. 10(1),  \nnew s. 52 inserted by No. 62/1999 s. 9.\n\n\t52 Transitional provisions (1999 amendments)\n\n(1) The repeal of section 8 by section 5 of the **Public Prosecutions (Amendment) Act 1999** does not affect the pension entitlements immediately before the commencement of this subsection of the Director and his or her spouse and children.\n\n(2) The repeal of section 46 by section 7 of the **Public Prosecutions (Amendment) Act 1999** does not affect any application made before the commencement of this subsection to a court for the punishment of a person for a contempt of court and that application may be dealt with in all respects as if section 46 had not been repealed.\n\n(3) Subject to Part IIIA of the **Constitution Act 1975**, the person holding office as Director of Public Prosecutions under this Act immediately before the commencement of section 10 of the **Public Prosecutions (Amendment) Act 1999** continues to hold office as Director of Public Prosecutions after that commencement for the balance of his term of appointment, on the same terms and conditions as those on which he held office before that commencement, as if he had been appointed under section 87AB of the **Constitution Act 1975**.\n\n(4) The office of Director of Public Prosecutions under Part IIIA of the **Constitution Act 1975** must be taken to be the same office as the office of Director of Public Prosecutions under this Act.\n\nS. 53 repealed by No. 2/1998 s. 10(1),  \nnew s. 53 inserted by No. 4/2004 s. 4.\n\n\t53 Transitional provision (2004 amendment)\n\nSection 46, as inserted by section 3 of the **Public Prosecutions (Amendment) Act 2004**—\n\n(a) applies to causes of action irrespective of whether the act or omission alleged to have resulted in the liability occurred before or after the commencement of that Act; but\n\n(b) does not affect the rights of the parties—\n\n(i) in the proceeding known as *Cannon v Tahche* (No. 6041 of 1997) in the Supreme Court of Victoria; or\n\n(ii) in any other proceeding commenced before the commencement of that Act.\n\nS. 54 repealed by No. 2/1998 s. 10(1),  \nnew s. 54 inserted by No. 50/2006 s. 37.\n\n\t54 Transitional provision (2006 amendment)\n\nThe amendments of section 3 made by section 36 of the **Courts Legislation (Jurisdiction) Act 2006** apply to a decision to make presentment of a person for an offence made on or after the commencement of that section of that Act, irrespective of when the offence is alleged to have been committed.\n\nS. 55 repealed by No. 2/1998 s. 10(1),  \nnew s. 55 inserted by No. 6/2007  \ns. 6.\n\n\t55 Validation provision\n\nAnything done or purported to have been done under this Act before the commencement of the **Public Prosecutions Amendment Act 2006** that would have been validly done had that Act been in operation at the time at which the thing was done or purported to have been done has, and is deemed always to have had, the same force and effect as it would have had if the **Public Prosecutions Amendment Act 2006** had been in operation at the time at which the thing was done or purported to have been done.\n\nS. 56 repealed by No. 2/1998  \ns. 10(1),  \nnew s. 56 inserted by No. 3/2012  \ns. 25.\n\n\t56 Transitional provisions (2012 amendment)\n\n(1) In this section—\n\n***appointed Associate Crown Prosecutor*** means a person who, immediately before the commencement day, held office as an Associate Crown Prosecutor;\n\n***appointed Solicitor for Public Prosecutions*** means the person who, immediately before the commencement day, held office as the Solicitor for Public Prosecutions;\n\n***commencement day*** means the day on which section 21 of the **Public Prosecutions Amendment Act 2012** comes into operation;\n\n***old appearance guidelines*** means the guidelines established under section 43(1)(e) as in force immediately before the commencement day;\n\n***old briefing guidelines*** means the guidelines established under section 38(1A) as in force immediately before the commencement day;\n\n***old decision guidelines*** means the guidelines established under section 43(1)(d) as in force immediately before the commencement day;\n\n***old direction*** means a direction given under section 43(1)(c) as in force immediately before the commencement day.\n\n(2) Sections 36A to 36D as in force immediately before the commencement day continue to apply to an appointed Associate Crown Prosecutor for the remainder of the term of his or her appointment and section 37 as in force on and after the commencement day does not apply to that person during that period of appointment.\n\n(3) Section 37 as in force immediately before the commencement day continues to apply to the appointed Solicitor for Public Prosecutions for the remainder of the term of his or her appointment and section 42 as in force on and after the commencement day does not apply to that person during that period of appointment.\n\n(4) On and after the commencement day, the old appearance guidelines are taken to be guidelines established by the Director's Committee under section 45A(1)(c).\n\n(5) On and after the commencement day, the old briefing guidelines are taken to be guidelines established by the Director under section 25A.\n\n(6) On and after the commencement day, the old decision guidelines are taken to be guidelines established by the Director's Committee under section 45A(1)(b).\n\n(7) On and after the commencement day, an old direction is taken to be a direction given by the Director's Committee under section 45A(1)(a).\n\nSch.  \nrepealed by No. 2/1998  \ns. 10(2).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 21 April 1994*\n\n*Legislative Council: 25 May 1994*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the appointment of a Director of Public Prosecutions, a Chief Crown Prosecutor, Crown Prosecutors and a Solicitor for Public Prosecutions, to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee, to make fresh provision with respect to the manner of dealing with certain contempts of court, to establish an Office of Public Prosecutions and a Committee for Public Prosecutions, to repeal the **Director of Public Prosecutions Act 1982**, to amend the **Constitution Act 1975**, the **County Court Act 1958** and the **Crimes (Criminal Trials) Act 1993** and make consequential amendments to certain other Acts and for other purposes.\".\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 21 April 1994*\n\n*Legislative Council: 25 May 1994*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 24 May 1994*\n\n*Legislative Council: 27 May 1994*\n\nThe **Public Prosecutions Act 1994** was assented to on 7 June 1994 and came into operation as follows:\n\nPart 1 (sections 1–3) on 7 June 1994: section 2(1); rest of Act on 1 July 1994: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Public Prosecutions Act 1994** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Constitution (Court of Appeal) Act 1994, No. 109/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |\n| Current State: | All of Act in operation |\n\n\n**Public Prosecutions (Amendment) Act 1995, No. 36/1995**\n\n| Assent Date: | 6.6.95 |\n| --- | --- |\n| Commencement Date: | 6.6.95 |\n| Current State: | All of Act in operation |\n\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| --- | --- |\n| Commencement Date: | S. 453(Sch. 1 items 69.1–69.6) on 1.1.97: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Law and Justice Legislation Amendment Act 1997, No. 44/1997**\n\n| Assent Date: | 11.6.97 |\n| --- | --- |\n| Commencement Date: | S. 32 on 11.6.97: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Public Prosecutions (Amendment) Act 1998, No. 2/1998**\n\n| Assent Date: | 31.3.98 |\n| --- | --- |\n| Commencement Date: | 31.3.98 |\n| Current State: | All of Act in operation |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Public Prosecutions (Amendment) Act 1999, No. 62/1999**\n\n| Assent Date: | 21.12.99 |\n| --- | --- |\n| Commencement Date: | 22.12.99: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001**\n\n| Assent Date: | 29.5.01 |\n| --- | --- |\n| Commencement Date: | Ss 17, 18 on 30.5.01: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Public Prosecutions (Amendment) Act 2004, No. 4/2004**\n\n| Assent Date: | 27.4.04 |\n| --- | --- |\n| Commencement Date: | 28.4.04: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 167) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| --- | --- |\n| Commencement Date: | S. 18(Sch. 1 item 90) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Courts Legislation (Jurisdiction) Act 2006, No. 50/2006**\n\n| Assent Date: | 15.8.06 |\n| --- | --- |\n| Commencement Date: | Ss 36, 37 on 16.8.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Public Prosecutions Amendment Act 2007, No. 6/2007**\n\n| Assent Date: | 20.3.07 |\n| --- | --- |\n| Commencement Date: | 21.3.07: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008**\n\n| Assent Date: | 3.6.08 |\n| --- | --- |\n| Commencement Date: | S. 21 on 4.6.08: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Coroners Act 2008, No. 77/2008**\n\n| Assent Date: | 11.12.08 |\n| --- | --- |\n| Commencement Date: | S. 129(Sch. 2 item 22) on 1.11.09: s. 2 |\n| Current State: | The information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008**\n\n| Assent Date: | 11.12.08 |\n| --- | --- |\n| Commencement Date: | Ss 20–23 on 11.12.08: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009**\n\n| Assent Date: | 10.2.09 |\n| --- | --- |\n| Commencement Date: | S. 37(Sch. 1 item 21) on 1.12.09: s. 2(2) |\n| Current State: | The information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | Ss 88–96 on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011**\n\n| Assent Date: | 21.12.11 |\n| --- | --- |\n| Commencement Date: | S. 20 on 18.3.12: Special Gazette (No. 66) 6.3.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Public Prosecutions Amendment Act 2012, No. 3/2012**\n\n| Assent Date: | 14.2.12 |\n| --- | --- |\n| Commencement Date: | Ss 4–25 on 6.3.12: Special Gazette (No. 54) 28.2.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 43) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013**\n\n| Assent Date: | 17.12.13 |\n| --- | --- |\n| Commencement Date: | Ss 18–23 on 18.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| --- | --- |\n| *Commencement Date:* | S. 160(Sch. 2 item 82) on 1.7.15: Special Gazette (No. 151) 16.6.15. p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. item 137) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017**\n\n| Assent Date: | 8.11.17 |\n| --- | --- |\n| Commencement Date: | S. 51 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| Assent Date: | 26.6.18 |\n| --- | --- |\n| Commencement Date: | S. 363 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n**Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021**\n\n| *Assent Date:* | 10.8.21 |\n| --- | --- |\n| *Commencement Date:* | S. 24 on 11.8.21: s. 2(1); ss 21–23 on 26.10.21: Special Gazette (No. 596) 26.10.21 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Public Prosecutions Act 1994** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"name":"Public Prosecutions Act 1994","slug":"public-prosecutions-act-1994","title_id":"public-prosecutions-act-1994","version_id":173311,"analysis_type":"summary","content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"Full in-force Victorian Act (Version 48, as at 26 October 2021) with 9 Parts covering the DPP, Chief Crown Prosecutor, Crown Prosecutors, OPP, Director's Committee and miscellaneous."},"complexity_factors":["Constitutional independence of the DPP from executive government requires careful understanding","Director's Committee special decisions process adds an advisory layer","Interaction with Criminal Procedure Act 2009 and Serious Offenders Act 2018 for proceeding types"],"plain_english_summary":"The Public Prosecutions Act 1994 (Vic) establishes the Office of Public Prosecutions (OPP) in Victoria and governs the functions and powers of the Director of Public Prosecutions (DPP), the Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors, and the Solicitor for Public Prosecutions.\n\nThe Act creates a prosecuting authority that is independent from the police and from day-to-day ministerial direction, while remaining responsible to the Attorney-General for the performance of functions. The Director is responsible to the Attorney-General (section 10) but has independent discretion in individual prosecution decisions.\n\nPart 4 sets out the Director's functions (section 22), which include instituting and conducting proceedings in the High Court, Supreme Court and County Court for indictable offences, taking over summary proceedings transferred to superior courts, conducting committal proceedings, assisting coronial inquiries, and taking confiscation proceedings. The Director may also discontinue criminal proceedings (section 25) and may grant immunities from prosecution.\n\nThe Director must have regard to specified matters in exercising functions (section 24), including the sufficiency of evidence, the public interest, and guidelines issued under Part 4. The Act also creates a Director's Committee (Part 8) to advise on special decisions, which include decisions not to prosecute in cases where the police or Attorney-General consider prosecution should be brought.\n\nPart 9 provides immunity from civil and criminal liability for persons performing functions under the Act (section 46), and section 47 provides that the outcome of a criminal trial cannot determine the conduct of any public prosecution review.\n\nThe Act is Version 48, incorporating amendments as at 26 October 2021."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented includes multiple post‑enactment additions and scope expansions. The text itself shows the original purposes (s.1) and subsequent insertions and amendments that broaden functions and procedures: for example, the Director's power to take over specified summary matters and serious‑offender transfers (s.22(1)(ab)); an express power to provide advice to other investigatory or prosecuting agencies (s.22(1)(ce)); establishment and elaboration of the Director's Committee and a detailed \"special decision\" process with reporting (definition of \"special decision\" in s.3; Part 8, s.45A, s.45C–45F); explicit immunity and finality protections (s.46, s.47); and new administrative rules on briefing and appearance guidelines (s.25A, s.26, s.45A(1)(c)). The Endnotes/Table of Amendments record these and other changes across many amending Acts, indicating the Act's operational scope has expanded and been refined since first enacted. The practical effect is a larger statutory role for the Director and Committee, added procedural safeguards and reporting pathways, and specific operational duties on police, the Solicitor and prosecutors (see the cited sections)."},"complexity_factors":["Multiple interlocking offices and roles with distinct appointment, delegation and reporting rules (Director, Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors, Solicitor, Office) (Parts 2–7).","Special decision regime requiring committee advice, tailored constitution for meetings and reporting obligations (definition in s.3; s.45C–45F).","Extensive cross-references to other Acts and procedural rules (Criminal Procedure Act 2009, Public Administration Act 2004, County Court Act 1958, etc.).","Detailed limits on delegation and exceptions (s.30) creating conditional delegations and operational constraints.","Legal finality and immunity provisions that alter judicial challenge pathways (s.46, s.47) requiring careful interaction with court processes.","Layered reporting and publication requirements (annual reports s.12; parliamentary statements s.45F–45G) increasing administrative oversight complexity.","Numerous amendments and transitional provisions across years that modify scope and procedure, increasing interpretive difficulty (see Table of Amendments and transitional sections, e.g. s.56).","Administrative details such as salary/pension arrangements, salary‑sacrifice options and public fund liabilities (s.15, s.15A, s.18, s.32A, s.35) add financial and HR complexity."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\nThis Act sets up and runs Victoria's public prosecutions system. Mechanically it:\n\n- Creates key offices and staff: the Director of Public Prosecutions (the Director), a Chief Crown Prosecutor, Crown Prosecutors (including Senior Crown Prosecutors), Associate Crown Prosecutors, a Solicitor for Public Prosecutions, and the Office of Public Prosecutions (Part 2–7; see s.22(1), s.39).\n- Sets out who appoints them, minimum legal experience, term lengths, pay arrangements and limits on outside work (e.g. appointment rules: s.13, s.31; pay and outside-practice restrictions: s.15(1)–(2), s.32(5)–(6)).\n- Gives the Director core prosecutorial powers: institute, prepare and conduct proceedings (including indictable offences and, in specified cases, transferred or serious matters), grant indemnities or undertakings, and provide advice (s.22(1)(a), (ab), (ca), (cb), (ce)).\n- Establishes the Director's Committee, its composition, and a defined process for \"special decisions\" where the Director must obtain committee advice before acting (definition of \"special decision\": s.3; establishment and functions: s.45, s.45A; process: s.45C–45F). \n- Regulates delegation: the Director can delegate many functions but not certain functions tied to special decisions or the power to file indictments where those are special decisions (s.30(1), s.30(2)).\n- Sets out reporting and transparency duties: annual reports to the Attorney‑General (s.12) and mandatory statements to Parliament when the Director departs from committee advice on a special decision (s.45F–45G).\n- Provides legal protections and finality: immunity for persons acting in good faith in prosecutorial roles (s.46); prevents challenging jury verdicts or related court orders on the ground that procedures for special decisions were not followed (s.47); courts must take judicial notice of signatures and office-holders (s.48).\n- Governs the Office of Public Prosecutions' staffing and how outside counsel are briefed, including guidelines the Director or Director's Committee must publish (s.25A, s.26, s.41, s.45A(1)(c)).\n\nOfficial purpose-claims and how they map to the mechanics\n\n- The Act states its purposes include establishing the offices and their functions (s.1(a), (ab)), creating an Office of Public Prosecutions and a Director's Committee (s.1(d)–(e)), and requiring certain decisions be taken only after Committee advice (s.1(b)). Those purposes are implemented by the appointment, powers and processes described above (e.g. appointment provisions in Parts 2–7; special decision process in Part 8). \n\nPractical trade-offs, incentives and costs (source references provided)\n\n- Who pays: salaries and pensions are borne by the State. Salaries are fixed or set by the Governor in Council (Chief Crown Prosecutor: s.15(1); Crown Prosecutors: s.32(5)). Pensions for Chief Crown Prosecutor and Senior Crown Prosecutors and their partners/children are payable from the Consolidated Fund (s.18(3), s.35(3)). Salary‑sacrifice arrangements are permitted (s.15A, s.32A). These are concentrated financial benefits to office‑holders funded from public money.\n\n- Who decides and where discretion sits: the Director is the head of the public prosecutions service and has broad discretion to institute and conduct prosecutions and to give indemnities and undertakings (s.22(1), s.22(1)(ca)–(cb)). The Director's Committee must advise on \"special decisions\" and may set guidelines about which matters are to be referred to the Director (s.22(2), s.45A(1)(a)–(b), s.45C). The Act both centralises prosecutorial authority in the Director and places limits on unilateral action via the special decision process (s.22(2)).\n\n- Limits on managerial direction to preserve individual prosecutorial autonomy: the Director and Chief Crown Prosecutor cannot direct a Crown Prosecutor on filing indictments (s.20(2)(a), s.36(5)(a)), and committee members are protected from being directed in their committee roles (s.20(2)(b), s.36(5)(b)). That creates institutional independence for certain prosecutorial acts.\n\n- Compliance and administrative burdens: where certain referrals are required, an informant (typically police) must provide a full report, witness statements and relevant material to the Director (s.27(2)), and the Director can request police assistance for further investigation (s.28(1)–(2)). The Director and Committee must produce guideline documents and, in some cases, publish them (s.26(3), s.45A(1)(b), s.45A(1)(c)). Those requirements create paperwork, coordination and publication obligations for agencies and officers.\n\n- Delegation and operational risk: the Director may delegate many functions to senior prosecutors with express statutory exceptions (s.30(1)–(3)). Decisions that are \"special\" are insulated from simple delegation (s.30(1)(c)). This limits how easily the Director can outsource or devolve high‑risk or sensitive decisions and concentrates responsibility.\n\n- Effects on private legal market and private choice: the Act controls when the Director must be consulted about briefing external legal practitioners (s.25A) and allows the Solicitor for Public Prosecutions to brief external counsel subject to Directorial consultation (s.43(1)(b), s.25A(2)). Full‑time prosecutors are restricted from private practice without consent (s.15(2), s.32(6)). In short, the Act shapes opportunities for private counsel to be engaged by the Crown and limits outside private work by public prosecutors.\n\n- Finality of convictions and challenge risk: the Act removes a line of collateral challenge: a jury verdict or order cannot later be challenged on the ground that \"special decision\" procedures were not complied with (s.47). This transfers the risk of procedural error in special‑decision steps away from re-litigation at trial and places it instead into the administrative and parliamentary reporting mechanisms (s.45F–45G).\n\n- Accountability mechanisms: where the Director departs from committee advice on a special decision, the Director must submit a written statement of reasons to the Attorney‑General and that statement is to be laid before Parliament (s.45F(1)–(3), s.45G). The Director also must produce annual reports (s.12). These are formal oversight and transparency channels.\n\nPotential implementation frictions and opportunity costs (source-grounded)\n\n- Concentration of expertise and decision‑making in a small group (the Director and Committee) can speed certain decisions but requires reliable handover arrangements (acting appointments: s.9, s.19, s.19B, s.35A; delegation for short absences: s.45H). Those handovers are specified but require active administration.\n\n- Agencies and police must supply full material on referral (s.27(2)), which can slow investigations or impose additional administrative work on police and informants.\n\n- The immunity and finality rules (s.46, s.47) lower the risk of personal liability for prosecutors and of post‑trial collateral challenges, but move public scrutiny to Parliament and reporting—so compliance depends on robust internal procedures and faithful reporting.\n\nNet behavioural effects (who changes what they do)\n\n- Director: centralises prosecutorial strategy, with mandatory committee advice on defined \"special decisions\" (s.22(2), s.45C).\n- Crown/Associate Crown Prosecutors: perform trials and file indictments but retain autonomy on certain filing decisions (s.36(1)–(2), s.36(5)).\n- Solicitor for Public Prosecutions: manages the Office, briefs counsel and delegates within the Office (s.43, s.44).\n- Police/informants: must provide materials when the Director requires or when the Director's Committee has directed a referral (s.27(1)–(2), s.45A(1)(a)).\n\nConcrete compliance burdens and discretion points (section references)\n\n- Director must consult and obtain committee advice for actions dependent on a special decision (s.22(2); process in s.45C–45F).\n- Informant obligations to provide full reports/materials when an offence is referred (s.27(2)).\n- Chief Commissioner must, \"as far as possible\", comply with written requests from the Director for police assistance (s.28(1)–(2)).\n- Delegation is permitted but expressly excludes delegation of special‑decision functions and certain powers (s.30(1), s.30(2)).\n\nIn short: this Act creates the institutional framework, roles, powers and limits for public prosecution in Victoria; centralises and protects prosecutorial decision‑making while prescribing a committee‑based check on a defined class of important decisions and setting out reporting, immunity and administrative rules that allocate costs to the State and set compliance duties for agencies and prosecutors (see s.1, s.22, Part 8, s.46, s.47)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1994 scope. Originally focused on establishing the DPP, Chief Crown Prosecutor, Crown Prosecutors and basic committee structures, it has expanded to include: Associate Crown Prosecutors (added 1995, restructured 2012); detailed salary sacrifice provisions for multiple office holders (2008); an elaborate 'special decisions' framework with Director's Committee oversight (2012); expanded functions for confiscation proceedings, coronial inquests, and cross-border prosecutions (1998, 2007); and complex transitional arrangements preserving entitlements across multiple restructures. The 2012 amendments particularly transformed the governance structure, replacing the Committee for Public Prosecutions with the Director's Committee and fundamentally changing employment arrangements for Associate Crown Prosecutors and the Solicitor."},"complexity_factors":["Multiple overlapping roles with carefully delineated powers (DPP, Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors, Solicitor for Public Prosecutions) creating complex chains of command and responsibility","Extensive cross-referencing to other Acts including the Constitution Act 1975, Criminal Procedure Act 2009, Public Administration Act 2004, County Court Act 1958, and various amending Acts","Nested conditional logic in 'special decisions' framework (section 3 definition spans 8 sub-paragraphs with multiple exceptions and qualifications)","Complex delegation provisions with specific exclusions (section 30 prohibits delegation of certain powers while allowing others)","Transitional provisions spanning 28 years of amendments (sections 51-56) with intricate savings and validation clauses preserving old appointments and entitlements","Detailed pension provisions tied to judicial pensions under separate legislation (sections 18 and 35)","Multiple appointment mechanisms (Governor in Council for some roles, Director for others, with committee consultation requirements)"],"plain_english_summary":"**What this law does:**\n\nThis is the **Public Prosecutions Act 1994** (Victoria). It sets up the entire system for prosecuting serious criminal cases in Victoria on behalf of the Crown (the government). Think of it as the rulebook for who decides to charge people with crimes, who argues the case in court, and how those decisions get made.\n\n**Key things it establishes:**\n\n*   **The Director of Public Prosecutions (DPP):** The top prosecutor, appointed under a different law (the *Constitution Act 1975*). The DPP decides whether to prosecute serious crimes (indictable offences), can take over cases from police, and runs major criminal trials in the Supreme Court and County Court.\n*   **The Chief Crown Prosecutor:** The DPP's deputy who manages the day-to-day running of the prosecution team and can also act as DPP if needed.\n*   **Crown Prosecutors:** Senior lawyers who actually appear in court to prosecute cases. They have significant independence—they can't be told by the DPP whether or not to file specific charges against someone.\n*   **Associate Crown Prosecutors:** Less senior prosecutors appointed by the DPP (after consulting a committee) who also appear in court.\n*   **The Solicitor for Public Prosecutions:** Manages the Office of Public Prosecutions (the administrative and legal support team) and briefs lawyers for cases.\n*   **The Office of Public Prosecutions:** The government office that prepares and runs prosecutions.\n*   **The Director's Committee:** A special committee (made up of the DPP, Chief Crown Prosecutor, and Solicitor) that must advise on \"special decisions\"—these are sensitive calls like dropping charges against someone when a prosecutor has advised against it, or appealing a court decision that stops a trial.\n\n**Why it matters:**\n\nThis law ensures prosecutions are independent from political interference while remaining accountable. It balances the DPP's authority with protections for individual prosecutors' independence in specific cases. It also creates checks and balances through the Director's Committee for high-stakes decisions, and requires transparency through annual reports to Parliament.\n\n**Who it affects:**\n\n*   Anyone charged with a serious crime in Victoria (since this determines who prosecutes them and how decisions are made).\n*   Victims of crime (the Act requires prosecutors to consider their concerns).\n*   Police (who must refer certain cases and follow guidelines).\n*   The prosecutors themselves (it governs their appointments, salaries, pensions, and conduct)."}},"importantCases":[],"_links":{"self":"/api/acts/public-prosecutions-act-1994","history":"/api/acts/public-prosecutions-act-1994/history","analysis":"/api/acts/public-prosecutions-act-1994/analysis","conflicts":"/api/acts/public-prosecutions-act-1994/conflicts","importantCases":"/api/acts/public-prosecutions-act-1994/important-cases","documents":"/api/acts/public-prosecutions-act-1994/documents"}}