sec.49GMemorandum of understanding

### sec.49G Memorandum of understanding The commission and the director of public prosecutions must enter into a memorandum of understanding to facilitate the operation of this subdivision. Without limiting subsection (1) , the memorandum of understanding must provide for the following matters— the information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example— the commission’s view on the appropriate charges to be laid in a case; and any legal issues identified by the commission in a case; processes to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices; processes for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice; how the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved; processes for the provision of additional information by the commission to the director of public prosecutions; the information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person. Also without limiting subsection (1) , the memorandum of understanding may provide guidance on circumstances that are exceptional circumstances for the purposes of section 49C (1) . The commission must publish a copy of the memorandum of understanding on the commission’s website. As soon as practicable after the memorandum of understanding is entered into, the commission must advise the Minister of the fact. The commission must report at regular intervals to the Minister, the parliamentary committee and the parliamentary commissioner on the effectiveness and utility of the memorandum. A report under subsection (6) must include information about the timeliness of written advice provided by the director of public prosecutions under this subdivision. s 49G ins 2024 No. 41 s 7 (sec.49G-ssec.1) The commission and the director of public prosecutions must enter into a memorandum of understanding to facilitate the operation of this subdivision. (sec.49G-ssec.2) Without limiting subsection (1) , the memorandum of understanding must provide for the following matters— the information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example— the commission’s view on the appropriate charges to be laid in a case; and any legal issues identified by the commission in a case; processes to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices; processes for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice; how the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved; processes for the provision of additional information by the commission to the director of public prosecutions; the information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person. (sec.49G-ssec.3) Also without limiting subsection (1) , the memorandum of understanding may provide guidance on circumstances that are exceptional circumstances for the purposes of section 49C (1) . (sec.49G-ssec.4) The commission must publish a copy of the memorandum of understanding on the commission’s website. (sec.49G-ssec.5) As soon as practicable after the memorandum of understanding is entered into, the commission must advise the Minister of the fact. (sec.49G-ssec.6) The commission must report at regular intervals to the Minister, the parliamentary committee and the parliamentary commissioner on the effectiveness and utility of the memorandum. (sec.49G-ssec.7) A report under subsection (6) must include information about the timeliness of written advice provided by the director of public prosecutions under this subdivision. - (a) the information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example— (i) the commission’s view on the appropriate charges to be laid in a case; and (ii) any legal issues identified by the commission in a case; - (i) the commission’s view on the appropriate charges to be laid in a case; and - (ii) any legal issues identified by the commission in a case; - (b) processes to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices; - (c) processes for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice; - (d) how the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved; - (e) processes for the provision of additional information by the commission to the director of public prosecutions; - (f) the information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person. - (i) the commission’s view on the appropriate charges to be laid in a case; and - (ii) any legal issues identified by the commission in a case;