{"id":"sa:director-of-public-prosecutions-act-1991","name":"Director of Public Prosecutions Act 1991","slug":"sa-director-of-public-prosecutions-act-1991","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438034,"registerId":"sa:director-of-public-prosecutions-act-1991-seed-1775954627254-ilu63n","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Director of Public Prosecutions Act 1991","content":"South Australia\nDirector of Public Prosecutions Act 1991\nAn Act to establish the Office of Director of Public Prosecutions; and for related purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tDirector of Public Prosecutions\n4A\tPension entitlements\n5\tActing Director\n6\tOffice of Director\n6A\tDelegation\n7\tPowers of Director\n8\tConsultation\n9\tIndependence of Director\n10\tInvestigation and report\n10A\tDisclosure of information to Director\n11\tDirections and guidelines by Director\n12\tAnnual reports\n13\tSaving provision\n14\tRegulations\nSchedule 1—Transitional provisions\n1\tRetrospectivity\n2\tDirector to take over from Attorney-General\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Director of Public Prosecutions Act 1991.\n3—Interpretation\nIn this Act—\nDirector means the Director of Public Prosecutions and includes a person acting in the position of Director of Public Prosecutions;\nOffice means the Office of the Director of Public Prosecutions.\n4—Director of Public Prosecutions\n\t(1)\tThere will be a Director of Public Prosecutions.\n\t(2)\tThe Director will be appointed by the Governor.\n\t(3)\tA person is not eligible for appointment as the Director unless he or she is a legal practitioner of at least seven years standing.\n\t(4)\tThe Director will be appointed—\n\t(a)\tfor a term of office of seven years; and\n\t(b)\ton terms and conditions determined by the Governor.\n\t(5)\tAt the expiration of a term of office, the Director will be eligible for re-appointment.\n\t(6)\tThe Director must inform the Attorney-General in writing of—\n\t(a)\tany direct or indirect pecuniary interest that the Director has or acquires in any business, or in any body corporate carrying on a business, in Australia or elsewhere; and\n\t(b)\tany other direct or indirect interest that the Director has or acquires that conflicts, or may conflict, with the Director's duties.\n\t(7)\tThe Director must not—\n\t(a)\tengage in legal practice outside the duties of his or her office; or\n\t(b)\tengage, without the consent of the Attorney-General, in any other remunerated employment.\n\t(8)\tThe Governor may terminate the Director's appointment if the Director—\n\t(a)\tis guilty of misbehaviour; or\n\t(b)\tbecomes physically or mentally incapable of carrying out official duties satisfactorily; or\n\t(c)\tbecomes bankrupt or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or\n\t(d)\tis absent, without leave of the Attorney-General, for 14 consecutive days, or for 28 days in any period of 12 months; or\n\t(e)\tcontravenes or fails to comply with subsection (6) or (7).\n\t(9)\tExcept as provided in subsection (8), the Director's appointment cannot be terminated.\n4A—Pension entitlements\n\t(1)\tThis section applies if a person who is or has been—\n\t(a)\ta Judge as defined in the Judges' Pensions Act 1971; or\n\t(b)\tthe holder of any other office that is treated as if it were judicial service for the purposes of the Judges' Pensions Act 1971,\nis appointed as the Director.\n\t(2)\tThe Governor may, by instrument in writing made at the time the person is appointed to be the Director, apply the Judges' Pensions Act 1971 to or in relation to the Director as if the Director were a Judge as defined in that Act and service as the Director were judicial service as defined in that Act (or a continuation of any period of service that is, or is treated as if it were, such judicial service).\n\t(3)\tThe instrument may—\n\t(a)\timpose conditions on the application of the Judges' Pensions Act 1971 (including a condition that the Act will only apply if the person is made a Judge following the person's term of office as the Director); and\n\t(b)\tapply the Judges' Pensions Act 1971 subject to any modifications specified in the instrument.\n\t(4)\tNotwithstanding anything in this section, unless the Governor otherwise directs, no pension is to be payable under the Judges' Pensions Act 1971 if the appointment of the Director is terminated under section 4(8).\n\t(5)\tIf, pursuant to an instrument under this section, the Judges' Pensions Act 1971 has applied to a person who is or has been Director and that person is subsequently appointed as a Judge as defined in the Judges' Pensions Act 1971, that Act will apply to and in relation to that person as if—\n\t(a)\tservice by that person as the Director were judicial service as defined in that Act; and\n\t(b)\tsection 5 of that Act had not been enacted.\n\t(6)\tIf a person referred to in subsection (5) was, immediately before being appointed as a Judge, in receipt of a pension under the Judges' Pensions Act 1971, that pension ceases on the appointment as a Judge.\n\t(7)\tIf, pursuant to an instrument under this section, the Judges' Pensions Act 1971 is to apply to a person appointed as the Director and the person was, immediately before being appointed as the Director, in receipt of a pension under that Act, that pension ceases on the appointment as Director.\n5—Acting Director\n\t(1)\tIf the Director is temporarily absent, or the Director's position is temporarily vacant, the Attorney-General may assign a suitable person to act in the Director's position during the temporary absence or vacancy.\n\t(2)\tA person is not eligible to act in the Director's position unless he or she is a legal practitioner of at least seven years standing.\n\t(3)\tThe terms on which a person is assigned to act in the Director's position will be as determined by the Attorney-General.\n6—Office of Director\n\t(1)\tThe Office of the Director of Public Prosecutions is established.\n\t(2)\tThe Office consists of—\n\t(a)\tthe Director of Public Prosecutions; and\n\t(b)\tPublic Service employees assigned to work in the Office.\n\t(3)\tThe Director has the administration and control of the Office.\n6A—Delegation\n\t(1)\tThe Director may delegate to a suitable person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power of the Director under this or any other Act (unless the contrary intention appears).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Director to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n7—Powers of Director\n\t(1)\tThe Director has the following powers:\n\t(a)\tto lay charges of indictable or summary offences against the law of the State;\n\t(b)\tto prosecute indictable or summary offences against the law of the State;\n\t(c)\tto claim and enforce, either on behalf of the Crown or other persons, civil remedies that arise out of, or are related to, prosecutions commenced by the Director;\n\t(d)\tto take proceedings for or in relation to the confiscation of profits of crime;\n\t(da)\tto institute civil proceedings for contempt of court;\n\t(e)\tto enter a nolle prosequi or otherwise terminate a prosecution in appropriate cases;\n\t(f)\tto grant immunity from prosecution in appropriate cases;\n\t(fa)\tto undertake to a person not to use, or make derivative use of, information or a thing against the person in a proceeding, other than in relation to the falsity of evidence given by the person in a proceeding;\n\t(g)\tto exercise appellate rights arising from proceedings of the kind referred to above;\n\t(h)\tto carry out any other function assigned to the Director by any other Act or by regulation under this Act;\n\t(i)\tto do anything incidental to the foregoing.\n\t(2)\tThe Attorney-General may, by notice in the Gazette, transfer to the Director any powers or functions of the kind referred to above, or any power to consent to a prosecution, vested in the Attorney-General by an Act passed before the commencement of this Act.\n\t(3)\tA person who has power to consent to a prosecution, or to allow an extension of the period for commencing a prosecution, for an offence of a particular kind under the law of the State may, by notice in the Gazette, delegate that power to the Director.\n\t(4)\tA delegation under subsection (3)—\n\t(a)\tis revocable by subsequent notice in the Gazette; and\n\t(b)\tdoes not prevent the person from acting personally in a matter,\nbut, once a decision on a particular matter has been made by the Director in pursuance of a delegation, the delegator is bound by that decision.\n\t(5)\tA document apparently signed by the Director and stating that the Director consents to a particular prosecution or that the Director allows a specified extension of the period for commencing a particular prosecution is to be accepted, in the absence of proof to the contrary, as proof of the fact so stated.\n\t(6)\tWhere an information or complaint charging an offence is apparently signed by the Director or a person acting on the Director's authorisation, the information or complaint will, in the absence of proof to the contrary, be taken to have been duly signed by or on behalf of the Director.\n\t(7)\tIn any legal proceedings, the Director may appear personally or may be represented by a member of the staff of the office who is a legal practitioner or by counsel or solicitor (including the Crown Solicitor or the Solicitor-General).\n\t(8)\tDetails of any notices published under this section must be included in the Director's annual report.\n8—Consultation\n\t(1)\tThe Director must, if requested to do so by the Attorney-General, consult with the Attorney-General with respect to the exercise of the Director's powers or functions.\n\t(2)\tThe Attorney-General must, if requested to do so by the Director, consult with the Director with respect to the exercise of the Director's powers or functions.\n9—Independence of Director\n\t(1)\tSubject to this section, the Director is entirely independent of direction or control by the Crown or any Minister or officer of the Crown.\n\t(2)\tThe Attorney-General may, after consultation with the Director, give directions and furnish guidelines to the Director in relation to the carrying out of his or her functions.\n\t(3)\tDirections or guidelines under this section—\n\t(a)\tmust, as soon as practicable after they have been given, be published in the Gazette; and\n\t(b)\tmust, within six sitting days after they have been given, be laid before each House of Parliament.\n\t(4)\tSubsection (3) need not be complied with in relation to directions or guidelines under this section relating to individual matters if, in the opinion of the Attorney-General, disclosure may be prejudicial to an investigation or prosecution, but, in that case, the directions or guidelines must be published in the Gazette, and laid before each House of Parliament, as soon as practicable after the matter is determined or otherwise completed.\n\t(5)\tIf the Attorney-General is satisfied that disclosure under this section would place human life or safety at risk or cause some other form of severe prejudice to any person, the Attorney-General may withhold material from disclosure so far as necessary to avoid that consequence.\n10—Investigation and report\nThe Commissioner of Police must, so far as it is practicable to do so, comply with any request from the Director to investigate, or report on the investigation of, any matter.\n10A—Disclosure of information to Director\n\t(1)\tA police officer in charge of the investigation of an indictable offence (the chief investigator) has a duty to disclose to the Director all documentary material collected or created in the course of the investigation that might reasonably be expected to assist the case for the prosecution or the case for the defence.\n\t(2)\tThe chief investigator must, when so required by the Director, provide the Director with—\n\t(a)\ta list, certified by the chief investigator, of all documentary material so far collected or created in the course of the investigation that might reasonably be expected to assist the case for the prosecution or the case for the defence; and\n\t(b)\tcopies of documentary material referred to in the list.\n\t(3)\tThe duty of disclosure under subsection (1)—\n\t(a)\textends to material that would be exempt from production in court because it is protected by privilege or for any other reason; and\n\t(b)\tcontinues until the termination date.\n\t(4)\tThe chief investigator must ensure that all material disclosed, or liable to disclosure, under subsection (1), is retained until the termination date.\n\t(5)\tThe chief investigator must, at the request of the Director, provide the Director with copies of specified documentary material collected or created in the course of the investigation that is not liable to disclosure under subsection (1).\n\t(6)\tCopies of documentary material to be provided under this section may be provided in electronic form.\n\t(7)\tA police officer must not, without good and sufficient cause, fail to carry out a duty under this section promptly and diligently.\n\t(8)\tThe police officer in charge of the investigation of an indictable offence will, for the purposes of this section, be the police officer appointed by the Commissioner for that purpose.\n\t(9)\tIn this section—\ntermination date means the date when—\n\t(a)\tthe Director decides that the person suspected of having committed the alleged offence not be prosecuted for the offence; or\n\t(b)\tthe prosecution is terminated; or\n\t(c)\tthe accused person is convicted or acquitted, and all rights of appeal have expired or been exhausted.\n11—Directions and guidelines by Director\n\t(1)\tThe Director may give directions or furnish guidelines to the Commissioner of Police or other persons investigating, or prosecuting, offences on behalf of the Crown.\n\t(2)\tAny such directions or guidelines must be published in the Director's annual report.\n\t(3)\tIf the Director is satisfied that publication of material under this section would place human life or safety at risk or cause some other form of severe prejudice to any person, the Director may withhold the material from publication so far as necessary to avoid that consequence.\n12—Annual reports\n\t(1)\tThe Director must, before 30 September in each year, prepare and provide the Attorney-General with a report on the operations of the Office during the year that ended on the preceding 30 June.\n\t(2)\tThe Attorney-General must have a copy of the report laid before each House of Parliament within six sitting days after the date of its receipt.\n\t(3)\tThe Director may at any time report to Parliament on any matter affecting the proper carrying out of the functions of the Office.\n\t(4)\tThe report must be given to the Speaker of the House of Assembly and the President of the Legislative Council and they must lay copies of the report before their respective Houses as soon as practicable after its receipt.\n13—Saving provision\nThis Act does not derogate from the right of the Attorney-General to appear personally in any proceedings on behalf of the Crown.\n14—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\nSchedule 1—Transitional provisions\n1—Retrospectivity\n\t(1)\tThis Act applies in relation to proceedings commenced before the commencement of this Act.\n\t(2)\tThis Act applies in relation to offences committed before the commencement of this Act.\n2—Director to take over from Attorney-General\nWhere, before the commencement of this Act, the Attorney-General had exercised, in relation to particular proceedings, a power or function of a kind vested in the Director under this Act, the Director may assume and continue to exercise that power or function as if it had been exercised by the Director from the inception of the proceedings.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Director of Public Prosecutions Act 1991 amended the following:\nBail Act 1985\nChildren's Protection and Young Offenders Act 1979\nControlled Substances Act 1984\nCrimes (Confiscation of Profits) Act 1986\nCriminal Law Consolidation Act 1935\nCriminal Law (Sentencing) Act 1988\nEvidence Act 1929\nFreedom of Information Act 1991\nJuries Act 1927\nJustices Act 1921\nLegal Practitioners Act 1981\nLocal and District Criminal Courts Act 1927\nNational Crime Authority (State Provisions) Act 1984\nSupreme Court Act 1935\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1991\n49\n Director of Public Prosecutions Act 1991\n21.11.1991\n6.7.1992 (Gazette 25.6.1992 p1869)\n1993\n34\n Statutes Amendment (Attorney-General's Portfolio) Act 1993\n13.5.1993\nss 4 & 5—5.8.1993 (Gazette 29.7.1993 p682)\n1994\n21\n Statutes Amendment (Attorney-General's Portfolio) Act 1994\n26.5.1994\ns 7—7.7.1994 (Gazette 7.7.1994 p4)\n2001\n15\n Listening Devices (Miscellaneous) Amendment Act 2001\n17.5.2001\ns 17—1.1.2003 (Gazette 12.12.2002 p4554)\n2005\n74\n Statutes Amendment (Criminal Procedure) Act 2005\n8.12.2005\nPt 4 (s 11)—1.3.2007 (Gazette 1.3.2007 p672)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 47 (s 95)—1.2.2010 (Gazette 28.1.2010 p320)\n2012\n12\n Statutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 7 (s 39)—17.6.2012 (Gazette 14.6.2012 p2756)\n2012\n17\n Statutes Amendment (Attorney-General's Portfolio) Act 2012\n24.5.2012\nPt 4 (s 13)—5.8.2012 (Gazette 2.8.2012 p3302)\n2016\n2\n Surveillance Devices Act 2016\n18.2.2016\nSch 1 (cl 3)—18.12.2017 (Gazette 12.12.2017 p4961)\n2019\n18\nDirector of Public Prosecutions (Pension Entitlements) Amendment Act 2019\n8.8.2019\n8.8.2019\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.1.2003\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 4A\ninserted by 18/2019 s 3\n8.8.2019\ns 6\n\n\ns 6(2)\namended by 84/2009 s 95\n1.2.2010\ns 6(4)\ndeleted by 34/1993 s 4\n5.8.1993\ns 6A\ninserted by 34/1993 s 5\n5.8.1993\n\nsubstituted by 17/2012 s 13\n5.8.2012\ns 7\n\n\ns 7(1)\namended by 21/1994 s 7\n7.7.1994\n\namended by 15/2001 s 17(a)\n1.1.2003\n\namended by 12/2012 s 39\n17.6.2012\ns 10A\ninserted by 74/2005 s 11\n1.3.2007\ns 12\n\n\ns 12(1)\namended by 15/2001 s 17(b)\n1.1.2003\n\namended by 2/2016 Sch 1 cl 3\n18.12.2017\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.1.2003\nHistorical versions\nReprint No 1—5.8.1993\n\nReprint No 2—7.7.1994\n\nReprint No 3—1.1.2003\n\n1.3.2007\n\n1.2.2010\n\n17.6.2012\n\n5.8.2012\n\n18.12.2017\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Since its original enactment the Act's operational scope has expanded through amendments that introduced formal delegation arrangements (s6A), imposed explicit police disclosure and retention duties to assist the Director (s10A), and added a pension-entitlements mechanism for certain appointees (s4A). Other amendments have modified the Director's listed powers (s7) and reporting arrangements (s12). These changes increased the Office's procedural reach into police investigations and clarified administrative and remuneration arrangements."},"complexity_factors":["Multiple decision-makers with overlapping roles: Governor appoints Director (s4), Attorney-General retains consultative and directional powers (s8–9), and Commissioner of Police must cooperate (s10).","Broad prosecutorial powers with ancillary civil remedies and special undertakings (s7(1)(a)–(i), (c), (d), (fa)).","Delegation structure allowing written delegation and sub-delegation with revocation at will (s6A(1)–(3)).","Detailed police disclosure and retention duties that create operational and record-keeping obligations (s10A(1)–(9)).","Publication, Gazette notice and parliamentary laying requirements for directions and transfers of functions (s7(2)–(6), s9(3)–(4), s12(1)–(4)).","Exceptions for non-disclosure on safety or severe prejudice grounds introduce judgment calls and potential delays (s9(4)–(5), s11(3)).","Pension entitlements for certain appointees are governed by a discretionary written instrument with possible conditions and modifications (s4A(1)–(7)).","Transitional provisions applying the Act to pre-commencement proceedings and offences create retrospective application issues to manage (Schedule 1)."],"plain_english_summary":"# What this law does\n\nThis Act creates a stand-alone Office of the Director of Public Prosecutions (the Office) and sets out who runs it, what powers it has, and how it must operate. Mechanically, the Act:\n\n- Establishes the office and its staff (Office) and gives the Director administrative control (s6(1)–(3)).\n- Provides for appointment of a Director by the Governor for a seven-year term (s4(1)–(5)), including minimum legal experience (s4(3)), and sets limited grounds for termination (s4(8)–(9)).\n- Allows the Director to delegate functions in writing and to have delegations further delegated if authorised (s6A(1)–(3)).\n- Lists the Director's prosecution and related powers: lay charges, conduct prosecutions, take related civil actions (including confiscation and contempt), enter nolle prosequi, grant immunity, give undertakings not to use information, and pursue appeals (s7(1)(a)–(i)).\n- Enables transfer or delegation of prosecution-related powers from the Attorney-General or other consent-holders to the Director, with notice requirements (s7(2)–(6)).\n- Requires cooperation between the Director and the Attorney-General when requested (s8(1)–(2)), but otherwise establishes the Director's independence from Crown or ministerial direction subject to the Act's limits (s9(1)).\n- Allows the Attorney-General to give directions or guidelines to the Director after consultation; such directions must be published in the Gazette and laid before Parliament (s9(2)–(4)). The Attorney-General may withhold disclosure where disclosure would risk life or safety or cause severe prejudice (s9(5)).\n- Imposes duties on police to assist the Director: the Commissioner must comply with requests to investigate or report (s10); the police officer in charge of an indictable investigation must provide documentary material that could assist prosecution or defence, keep it until specified termination dates, and supply lists and copies when asked (s10A(1)–(9)). Police must not, without good cause, fail to carry out duties under s10A(7).\n- Authorises the Director to give directions or guidelines to investigators or prosecutors and requires publication of those directions in the Director's annual report (s11(1)–(3)).\n- Requires an annual report by the Director to the Attorney-General and parliamentary laying of that report (s12(1)–(4)).\n- Preserves the Attorney-General's right to appear personally for the Crown (s13) and allows regulations (s14).\n- Applies the Act to past proceedings and offences and allows the Director to take over matters previously handled by the Attorney-General (Schedule 1).\n\nThe Act also contains a pension-related provision that allows the Governor to subject certain former judicial office-holders appointed as Director to the Judges' Pensions Act 1971, subject to written conditions (s4A(1)–(7)).\n\n# Who is affected and who pays\n\n- The Director and Office staff (public servants) are the primary actors; the Governor appoints the Director (s4(2)).\n- The Attorney-General and Commissioner of Police interact directly with the Director (s8, s10). The Attorney-General retains some supervisory levers (consultation, directions, and personal right to appear) (s8, s9, s13).\n- Police officers, especially the officer in charge of an indictable investigation, have new or clarified duties to disclose and retain investigative material for the Director (s10A(1)–(9)). This creates a compliance obligation for police agencies.\n- Costs of running the Office (staff, administration, record-keeping) fall to the public sector budget because the Office consists of public service employees (s6(2)).\n\n# Incentives, compliance burdens and decision-making authority\n\n- Appointment and tenure: the Governor (executive) appoints and may terminate only on specified grounds (s4(2), s4(4)–(5), s4(8)–(9)). That concentrates appointment power with the executive but restricts removal to listed grounds.\n- Operational discretion: the Director has broad prosecutorial discretion (s7(1)), including power to start, continue, terminate prosecutions, grant immunity, and use civil remedies. These powers change incentives for investigators and will direct which matters are prosecuted and how evidence is used (s7(1)(e)–(fa), (c)).\n- Delegation: the Director can delegate powers in writing and may allow further delegation, subject to revocation at will (s6A(1)–(3)). This delegates practical decision-making within the Office while retaining ultimate authority.\n- Police compliance burden: police must collect, retain and disclose documentary material that may assist prosecution or defence and provide certified lists and copies when asked (s10A(1)–(6)). This imposes record-keeping and disclosure work on investigative teams and creates an enforceable duty (s10A(7)).\n- Reporting and transparency: directions from the Attorney-General and from the Director to police must generally be published (s9(3), s11(2)) and reported to Parliament (s9(3)(b), s12(1)–(4)), creating administrative workload for both the Office and the Attorney-General's office. Limited non-disclosure exceptions exist where safety or severe prejudice would result (s9(4)–(5), s11(3)).\n\n# Trade-offs, risks and implementation issues to note (source-linked)\n\n- Centralising prosecutorial powers in a Director creates a single point of prosecutorial control and a set of formal interactions with police (s7, s10A), which can improve consistency but concentrates discretion (s7(1)).\n- The police disclosure obligation (s10A) improves information flow to the Director but increases police administrative load and creates retention obligations until the termination date (s10A(3)–(4), (9)).\n- The Attorney-General retains a formal avenue to direct the Director after consultation and to withhold disclosure on safety grounds (s9(2)–(5)), which introduces an accountability path but also exceptions that may delay publication.\n- Delegation and representation rules (s6A, s7(7)) permit operational flexibility but raise questions about oversight of delegated decision-making because delegations are revocable at will and may be further delegated (s6A(2)(d), s6A(3)).\n- Pension treatment for some appointees is subject to a written instrument by the Governor and may alter entitlements depending on conditions (s4A(2)–(3), (4)).\n\n# Short note on scope change\n\nThe Act has been amended since enactment to add or modify key operational provisions (for example, delegation provisions, police disclosure duties and pension entitlements). See s6A (delegation), s10A (police disclosure) and s4A (pensions) as they now appear in the Act."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1991 Act established the basic office and powers. However, section 4A (inserted in 2019) added a detailed pension entitlements scheme for former judges appointed as Director, and section 10A (inserted in 2005) imposed comprehensive disclosure obligations on police. Section 7(1) has been expanded multiple times to include new powers: civil contempt proceedings (2001), and undertakings regarding use of information (2012). The scope has grown from a simple office-establishment Act to a complex framework governing police-DPP relations and judicial pension portability."},"complexity_factors":["Moderate cross-referencing to the Judges' Pensions Act 1971 in section 4A (6 subsections dealing with complex pension portability scenarios)","Conditional delegation framework in section 6A with 4 specific conditions and allowance for sub-delegation","Nested exceptions in section 9 regarding publication of Attorney-General directions (subsections 3-5 create a conditional disclosure regime with safety exceptions)","Defined term 'termination date' in section 10A with 3 alternative triggering conditions","Multiple amendment layers visible in legislative history (9 amending Acts since 1991) creating patchwork effect","Interaction between independence guarantee (s 9) and consultation requirements (s 8) creates subtle tension requiring careful interpretation"],"plain_english_summary":"This South Australian law creates an independent **Director of Public Prosecutions (DPP)** — a senior lawyer who decides whether to charge people with serious crimes and runs prosecutions in court on behalf of the state.\n\n**What it does:**\n- **Establishes the Office of the DPP** as an independent body separate from the police and government ministers\n- **Appoints a Director** for a 7-year term (must be a lawyer with at least 7 years' experience)\n- **Gives the Director specific powers** including:\n  - Laying charges and prosecuting criminal offences\n  - Deciding to drop charges (*nolle prosequi*) when appropriate\n  - Granting immunity to witnesses\n  - Making deals not to use certain evidence against people who cooperate\n  - Pursuing profits from crime and civil contempt proceedings\n  - Handling appeals\n\n**Key protections:**\n- The Director is **independent** — the government and ministers cannot tell them who to prosecute (though the Attorney-General can issue general guidelines after consultation)\n- The Director must disclose any financial conflicts of interest\n- Special pension rules apply if the Director was previously a judge\n\n**Police cooperation:**\n- Police must share all relevant evidence with the DPP, including material that might help the defence (this is called *disclosure* or *discovery*)\n- The DPP can direct police to investigate matters\n\n**Who it affects:**\n- Anyone accused of a crime in South Australia (the DPP decides whether to prosecute serious cases)\n- Police (must follow DPP directions and share evidence)\n- Victims and witnesses (the DPP represents the public interest, not individual victims)\n\n**Why it matters:**\nThis law removes political control over criminal prosecutions. Before this Act, the Attorney-General (a politician) made these decisions. Now an independent lawyer decides, which helps ensure prosecutions are based on law and evidence rather than political pressure."}},"importantCases":[],"_links":{"self":"/api/acts/sa-director-of-public-prosecutions-act-1991","history":"/api/acts/sa-director-of-public-prosecutions-act-1991/history","analysis":"/api/acts/sa-director-of-public-prosecutions-act-1991/analysis","conflicts":"/api/acts/sa-director-of-public-prosecutions-act-1991/conflicts","importantCases":"/api/acts/sa-director-of-public-prosecutions-act-1991/important-cases","documents":"/api/acts/sa-director-of-public-prosecutions-act-1991/documents"}}