Establishes the office of the Director of Public Prosecutions, sets appointment criteria, a 10‑year term, salary and superannuation arrangements paid from the Public Account, and staff support. The Director may institute, take over or discontinue criminal proceedings (subject in some cases to Attorney‑General/Solicitor‑General approval), and may issue prosecution guidelines, grant indemnities and give undertakings (ss.3–6, 12, 5A, 8A).
The Act also creates a Deputy Director, a Governor/Parliament process for suspension and possible removal (ss.13A, 9A–9G), and reporting and regulation powers affecting prosecutors, police and parliamentary oversight.
The Act creates and governs the office of the Director of Public Prosecutions (the Director) for the State, sets out appointment, tenure, remuneration, superannuation and leave entitlements, defines the Director’s statutory functions and powers in respect of criminal proceedings and related advice, and prescribes the administrative framework around staff, reporting and regulations. Key operational mechanics are:
Establishment and status: the Director’s office is created (s 3(1)) and the Director is a Crown Law Officer for the purposes of the Criminal Code (s 3(2)).
Appointment and eligibility: the Governor appoints the Director (s 4(1)). Eligibility requires the appointee to be an Australian lawyer with at least seven years’ standing (s 4(2)). Reappointment is possible under the conditions set out in s 5(2).
Tenure and conditions: the standard term is 10 years (s 5(1)), with a possibility of a further term of up to 10 years for a person previously appointed (s 5(2)). Terms and other conditions are determined by the Governor, subject to the Act (s 5(3)).
Remuneration and funding: from 1996 the salary is set equivalent to a puisne judge of the Supreme Court (s 5A(2)); salary and formal allowances are payable from the Public Account (s 5A(3); s 6(2)). The Act also provides for salary sacrifice into superannuation (s 5A(2A), (2B)).
Functions: the Director has discretionary prosecutorial functions , to institute, take over, continue and discontinue criminal proceedings where desirable (s 12(1)(a)-(c)), to give advice and assistance to prescribed persons or at the Attorney‑General’s direction (s 12(1)(b)), to instruct and supervise counsel and staff (s 12(1)(d)), to act as counsel for Crown or other persons at the Attorney‑General’s request (s 12(1)(e)), and, since 2015, to issue prosecution guidelines, grant indemnities, and give undertakings about use immunity (s 12(1)(ea), (eb), (ec)). The Director cannot take over proceedings instituted by the Attorney‑General or Solicitor‑General without their approval (s 12(2)).
Current sections
Direct links to the current provisions in Director of Public Prosecutions Act 1973.
(1) Subject to this Act, a person appointed as Director holds office for a period of 10 years.
(2) Despite subsection (1) , a person who has previously been appointed as Director may be appointed as Director for a further period, of not more than 10 years, that is specified in the instrument of appointment and is to begin immediately after the term of his or her previous appointment ends.
(3) A person appointed as Director holds office on the terms and conditions, not inconsistent with this Act, that the Governor from time to time determines.
5A
Salary of Director
5A Salary of Director
[Section 5A Inserted by No. 45 of 1996, s. 4 ]
(1) For the period 26 June 1995 to 30 September 1996, both days inclusive, the Director is to be paid a salary at the rate of 90% of the salary payable to a puisne judge of the Supreme Court of Tasmania for the same period.
(2) After 30 September 1996, the Director is to be paid a salary equivalent to the salary payable to a puisne judge of the Supreme Court of Tasmania.
(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and
(b) the Director is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (2) , notwithstanding the salary sacrifice.
(1) [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 6 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 6 Subsection (1) amended by No. 45 of 1996, s. 4 ]*In addition to the salary prescribed in this Act, the Director is entitled to be paid such travelling allowances and other allowances as the Governor determines, and, until the Governor makes a determination under this subsection, is entitled to be paid the same travelling allowances and other allowances as are applicable to the Head of a State Service Agency.
(1) [Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 7 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 7 Subsection (1) amended by No. 42 of 1986, s. 10 ]*The Director is entitled to the same leave of absence for recreation or on account of sickness as if he were a State Service officer or State Service employee.
(2) *[Section 7 Subsection (2) amended by No. 42 of 1986, s. 10 ]**[Section 7 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*The Director is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .
(3) In this section, a reference to the appropriate judicial salary, in relation to a pension payable in respect of contributions paid by a person who, immediately before that person became entitled to a pension under this Act or at that person's death, was the Director of Public Prosecutions, is a reference to the salary for the time being required by law to be paid to the Director of Public Prosecutions.
(1) The Governor may suspend from office a person holding the office of Director if the Governor is satisfied the person –
(a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of that office; or
(b) has become bankrupt, applied to take or has taken advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or
(c) has been convicted in Tasmania of –
(i) a crime; or
(ii) an offence that is punishable by imprisonment for a term of 12 months or more –
or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(2) The Governor may suspend from office a person holding the office of Director if the Governor is satisfied the person has been charged with –
(a) a crime; or
(b) an offence that is punishable by imprisonment for a term of 12 months or more; or
(c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(3) The Governor may suspend from office a person holding the office of Director if the Governor is satisfied the person has engaged in –
(a) misconduct in office, including by virtue of contravening section 11 ; or
(b) misbehaviour that brings the office into disrepute.
9B
Minister to lay before each House of Parliament statement in relation to suspension
9B Minister to lay before each House of Parliament statement in relation to suspension
[Section 9B Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015] If a person has been suspended from office under section 9A , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid.
9C
House of Parliament may confirm or revoke suspension for misconduct or misbehaviour
9C House of Parliament may confirm or revoke suspension for misconduct or misbehaviour
(1) If a person has been suspended from office under section 9A(3) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under section 9B or a longer period allowed by resolution of the House of Parliament, may pass a resolution –
(a) confirming the suspension; or
(b) revoking the suspension.
(2) If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of Director, the suspension of the person from the office of Director is revoked on and from the day on which the resolution is passed by both the Houses.
9D
Governor may revoke or vary suspension of person from office of Director
9D Governor may revoke or vary suspension of person from office of Director
(1) The Governor may revoke or vary a suspension imposed under section 9A .
(2) If the Governor has, under subsection (1) , revoked or varied a suspension, the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament during the first 7 sitting-days of that House following the revocation or variation or a longer period allowed by resolution of the House of Parliament before which it is laid.
(3) If a suspension has been revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under subsection (2) or a longer period allowed by resolution of the House of Parliament, may pass a resolution –
(a) confirming the revocation or variation of the suspension; or
(b) revoking the revocation or variation of the suspension.
(4) If both Houses of Parliament pass a resolution under subsection (3) confirming the revocation or variation of a suspension, the suspension is revoked or varied, respectively, on and from the day on which the resolution is passed by both the Houses.
9E
Request for revocation of appointment
9E Request for revocation of appointment
[Section 9E Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015] The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as Director on the grounds for suspension, referred to in section 9A(1) or (3) , that are specified in the statement, if –
(a) the Governor is satisfied the person may be suspended from the office of Director on the grounds, referred to in section 9A(1) or (3) , specified in the statement; and
(b) the Governor has suspended the person from office under section 9A on any grounds referred to in that section, whether or not they are the same grounds as the grounds to which the statement relates; and
(c) the statement required by section 9B to be laid before both Houses of Parliament in relation to the suspension of the person from the office of Director has been laid before each House; and
(d) where the person has been suspended from office under section 9A(3) – the suspension has been confirmed under section 9C(1)(a) .
9F
House of Parliament may revoke appointment or suspension
9F House of Parliament may revoke appointment or suspension
(1) A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement in relation to a person has been laid before the House under section 9E , may resolve –
(a) to refuse the request specified in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or
(b) to revoke the appointment of the person as Director.
(2) If both Houses have resolved –
(a) under subsection (1)(a) to revoke the suspension of a person from the office of Director, the suspension of the person from the office of Director is revoked; or
(b) under subsection (1)(b) to revoke the appointment of a person as Director, the appointment of the person as Director is revoked –
on and from the day on which the resolution is passed by both Houses.
(1) If a person is suspended from the office of Director under section 9A , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of the Director to which the person is to be entitled in respect of the period of suspension.
(2) If a person is suspended from the office of Director under section 9A , the person is not entitled, in respect of the period of suspension, to any more of the salary of the Director, to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension, as so varied, if at all.
(3) Despite subsection (2) , if the suspension of a person from the office of Director for a period under section 9A is revoked under section 9C(2) , section 9D(1) or section 9F(2)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Act.
11 Director not to engage in private practice, &c.
(1) *[Section 11 Subsection (1) amended by No. 42 of 1986, s. 10 ]*Subject to this section, the Director shall not engage in the practice of his profession or in any other employment except in the performance of the functions of his office.
(2) [Section 11 Subsection (2) amended by No. 42 of 1986, s. 10 ]Subsection (1) does not preclude the Director from –
(a) holding an office that, by or under an enactment, is to be or may be held by the holder of the office of Director; or
(b) holding an office or engaging in employment where he is expressly authorized by the Attorney-General, in writing, to do so.
12
Functions of Director
12 Functions of Director
(1) *[Section 12 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 12 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. 2 ][Section 12 Subsection (1) amended by No. 42 of 1986, s. 8 and s. 10 ]**[Section 12 Subsection (1) amended by No. 35 of 1989, s. 5 ]*The functions of the Director are –
(a) where he considers it desirable to do so –
(i) to institute and undertake, on behalf of the Crown, criminal proceedings against a person in respect of a crime or an offence alleged to have been committed by that person; and
(ii) subject to subsection (2) , to take over and continue any such proceedings that have been instituted or undertaken by another person; and
(iii) subject to subsection (2) , to discontinue at any stage any such proceedings that have been instituted or undertaken by the Director or by another person; and
(b) to give advice and assistance to –
(i) a prescribed person; or
(ii) a person to whom, in a particular case, the Attorney-General may direct or request the Director to give advice and assistance –
in respect of the conduct of any criminal proceedings in the conduct of which that person is concerned; and
(d) [Section 12 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] to instruct, and supervise the work of, counsel and State Service officers and State Service employees and other persons whose services are provided or procured for the conduct of any proceedings or otherwise for assisting the Director in the performance of his functions; and
(e) to act as counsel for the Crown in right of the State or for any other person for whom the Attorney-General directs or requests the Director to act; and
(iv) any persons or Agencies who conduct prosecutions –
guidelines in relation to prosecutions, including in respect of the offences, or classes of offences, that are to be referred to the Director for the institution and conduct of proceedings; and
(f) to carry out such other functions ordinarily performed by a practitioner as the Attorney-General directs or requests.
(2) *[Section 12 Subsection (2) amended by No. 42 of 1986, s. 10 ]*The Director may not take over, continue, or discontinue proceedings that have been instituted or undertaken by the Attorney-General or the Solicitor-General except with the approval of the Attorney-General or of the Solicitor-General, as the case requires.
(1) [Section 13 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 13 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 13 Subsection (1) amended by No. 42 of 1986, s. 10 ]*Where a person who is appointed as Director was, immediately before his appointment, a State Service officer or State Service employee–
(a) he retains all his existing and accruing rights; and
(1) Subject to and in accordance with the State Service Act 2000 , a person who is an Australian lawyer of not less than 7 years' standing as a practitioner is to be appointed or employed as Deputy Director.
(2) The Deputy Director is to perform the functions that the Director directs the Deputy Director to perform.
(3) In addition to the functions that the Deputy Director is directed under subsection (2) to perform, the Deputy Director –
(a) is to act as Director during any illness, suspension or absence of the Director and during any vacancy in that office; and
(b) while acting as Director, is to perform the functions and exercise the powers of the Director and receive a salary at the same rate as that payable to the Director.
(4) Any act or thing done by the Deputy Director, while acting as Director, in the performance of the functions, and the exercise of the powers, of the Director has the same effect as if it were done by the Director.
(5) Any act or thing that is required under a written law to be done to, by reference to, or in relation to, the Director is taken to be effectually done if, respectively, the act or thing is done to, by reference to, or in relation to, the Deputy Director when the Deputy Director is acting as Director.
(6) Subsection (5) applies to an act or thing done by the Deputy Director in good faith in the belief that the Director was absent from office on grounds referred to in subsection (3) or that there was a vacancy in the office.
(7) The Deputy Director, when acting as Director, has the same immunities and independence as the Director.
14
Employees
14 Employees
[Section 14 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]
(2) *[Section 14 Subsection (2) amended by No. 42 of 1986, s. 10 ]**[Section 14 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]*On being requested by the Director to do so, the Secretary of the Department may –
(a) provide such persons employed in that Department; or
(b) procure the services of such other persons –
as may reasonably be necessary for the purposes of assisting the Director in the performance of his functions.
15
Annual report
15 Annual report
(1) *[Section 15 Subsection (1) amended by No. 42 of 1986, s. 10 ]*The Director shall, within 3 months after 30th June in each year, prepare and submit to the Attorney-General a report on the performance by the Director of his functions under this Act during the period of 12 months ended on that day.
(2) The Attorney-General shall cause a copy of a report under this section to be laid on the table of each House of Parliament within the first 10 sitting days of the House after he receives the report.
16
Regulations
16 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) *[Section 16 Subsection (2) amended by No. 42 of 1986, s. 10 ]*Without prejudice to the generality of subsection (1) , the regulations may make provision for or with respect to –
(a) the manner in which the advice and assistance of the Director may be sought or given;
(b) the circumstances in which any police officer or other prescribed person may be required to –
(i) give to the Director information concerning the commission of a prescribed crime or prescribed offence; and
(ii) report to the Director the fact of a prosecution for a crime or an offence having been withdrawn or not proceeded with within a reasonable time and the circumstances in which it was so withdrawn or not proceeded with; and
(c) the sending by the clerk of a court to the Director of a report with respect to proceedings for a crime or an offence instituted in the court, and the nature of the information or documents to be supplied to the Director in relation to such a report.
17
Immunity from personal liability
17 Immunity from personal liability
[Section 17 Repealed by No. 42 of 1986, s. 9 ]
(1) No personal liability attaches to the Director or a person assisting the Director under this Act for an act done or omitted to be done in good faith in the performance or exercise, or the purported performance or exercise, of any function, power or duty under this Act.
(2) A liability that would, but for subsection (1) , lie against the Director or a person assisting the Director, lies instead against the Crown.
18
References in other Acts to Crown Advocate
18 References in other Acts to Crown Advocate
*[Section 18 Inserted by No. 17 of 1996 ]*A reference in an Act or instrument to the Crown Advocate, in relation to any act required or permitted to be done, or any consent, approval, or permission required or permitted to be given, after the commencement of the Crown Advocate Amendment Act 1986 , is to be read as a reference to the Director of Public Prosecutions.
(3) The investment account referred to in subsection (2) is to be an account determined by the RBF Board.
(4) The amounts to be transferred under this section are as follows:
(a) all contributions made by the Director under the Judges' Contributory Pensions Act 1968 , together with interest on those contributions at a rate determined by the Treasurer;
(b) with respect to the period from the commencement of his or her duties until the date on which the amount is transferred in accordance with subsection (2) , an amount equal to 9% of the salary of the Director determined in accordance with section 5A(2) of this Act, together with interest on that amount at a rate determined by the Treasurer.
amendment Act means the Law Officers (Miscellaneous Amendments) Act 2015;
amendment day means the day on which the amendment Act commenced.
(2) Apart from this section, the amendments to this Act made by the amendment Act do not apply in relation to the person who, immediately before the amendment day, held the office of Director.
(3) Nothing in this Act is to be taken to prevent a person, by reason only that the person –
(a) has held, or holds, the office of Deputy Director; or
(b) has acted, or is acting, as Director –
from holding, or from being appointed to, the office of Director.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title and commencement
1 Short title and commencement
(1) *[Section 1 Subsection (1) amended by No. 42 of 1986, s. 5 ]*This Act may be cited as the Director of Public Prosecutions Act 1973 .
(2) This Act shall commence on a day to be fixed by proclamation.
2 Interpretation
2 Interpretation
*[Section 2 Substituted by No. 42 of 1986, s. 6 ][Section 2 Amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 2 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999][Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]
[Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]accumulation scheme means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 , in relation to which the Director is a relevant employee within the meaning of section 21 of that Act;
[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999][Section 2 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000]
[Section 2 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000]complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;
[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005][Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]
[Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]contributory scheme has the same meaning as in the Public Sector Superannuation Reform Act 2016 ;
Director means the person for the time being holding, or acting in, the office of Director of Public Prosecutions established by ;
Suspension, removal and parliamentary oversight: a Governor may suspend the Director for specified incapacity, bankruptcy/exploitation of bankruptcy law, conviction of serious offences or where charged with such offences, or for misconduct/misbehaviour including contravening s 11 (ss 9A(1)-(3), 9A(2)). Suspension triggers mandatory parliamentary notification (s 9B), and Parliament has mechanisms to confirm or revoke suspensions, to consider revocation of appointment, and to revoke appointment if both Houses resolve (ss 9C-9F). The Governor may vary or revoke suspension and must lay statements accordingly (s 9D).
Deputies, staff and reporting: the Act permits appointment/employment of a Deputy Director (13A); staff necessary to enable the Director to perform functions are appointed subject to the State Service Act 2000 (s 14(1)); the Director must provide an annual report to the Attorney‑General each year within three months after 30 June (s 15(1)-(2)). Regulations may require reporting by police or court clerks to the Director (s 16(2)(b), (c)).
Superannuation and transitional arrangements: the Act contains detailed provisions linking the Director’s superannuation arrangements to judges’ pensions for earlier appointees (s 8 and related subsections), transitional transfer provisions for Directors appointed in a specific period (s 20), and from 1999 Directors appointed after 1 July 1999 are employees for the purposes of the Public Sector Superannuation Reform Act 2016 (s 8A).
Mechanically, the Act centralises and formalises prosecutorial decision‑making power in an independent statutory office. It also creates a layered accountability architecture: executive appointment and suspension by the Governor (effectively on advice), Attorney‑General and Solicitor‑General controls for specific cases (s 12(2)), and parliamentary oversight for suspensions and removals (ss 9B-9F). Funding is explicit via the Public Account (s 5A(3); s 6(2)), and the Director’s operational staff and interactions with the State Service are regulated (s 14).
The Act’s text does not include an explanatory memorandum or second reading speech in this excerpt. Where the Act itself states purposes or describes the scope of functions (for example, the Director’s power to issue guidelines or to give advice and assistance), those statements are statutory allocations of authority and procedure; they should be read as the legal mechanics authorised by the legislature (see s 12(1)(ea)-(ec), (b)). The following sections examine the main concepts, the parties affected, the rights and duties created, enforcement and penalties, intersections with other law, amendment and litigation history recorded in the Act, practical pitfalls and compliance steps.
Main concepts
This Act rests on a few core legal concepts that determine how the office operates and how it interacts with other institutions: statutory creation of prosecutorial discretion, separation of functions between Director and Attorney‑General or Solicitor‑General, institutional independence coupled with executive and parliamentary checks, remuneration and employment classification, and administrative support.
Statutory prosecutorial discretion and duties
The Director’s core discretion is framed by s 12(1)(a) where the Director may institute, take over, continue or discontinue criminal proceedings “where he considers it desirable to do so.” That language establishes a broad statutory discretion rather than a command to prosecute every alleged offence. The Director also has auxiliary roles , giving advice and assistance (s 12(1)(b)), supervising counsel and staff (s 12(1)(d)), and acting as counsel for Crown or others at the Attorney‑General’s direction (s 12(1)(e), (f)). These are ordinary practitioner functions vested in a statutory office.
The Act adds functions layered in 2015: issuing prosecution guidelines (s 12(1)(ea)), granting indemnities from prosecution (s 12(1)(eb)), and giving undertakings that statements will not be used in evidence (s 12(1)(ec)). Each function shifts specific procedural levers to the Director , guideline issuance influences what matters prosecutors or police refer to the DPP; indemnities and use‑immunity undertakings are substantive tools that can influence the incentives of witnesses, co‑operating suspects, and investigators.
Limits on the Director’s discretion
The Director may not take over, continue, or discontinue proceedings instituted by the Attorney‑General or Solicitor‑General without their approval (s 12(2)). That places a statutory limit on the Director’s autonomy in matters initially handled by those law officers.
The Director’s functions are “on behalf of the Crown” (s 12(1)(a) introductory) and the Director can act on the Attorney‑General’s direction or request in specified contexts (s 12(1)(b), (c), (f)). The Act therefore blends independent prosecutorial discretion with conditional responsiveness to the Attorney‑General.
Appointment, tenure and removal concepts
The Governor appoints (s 4(1)); eligibility requires seven years of legal practice (s 4(2)). The default term is ten years with a possible further term (s 5). The Act creates an executive suspension power and a parliamentary oversight path for suspension and removal (ss 9A-9F). The grounds for suspension include incapacity, insolvency/bankruptcy conduct, conviction or charge for serious offences, and misconduct or misbehaviour including breach of s 11 (ss 9A(1)-(3)). Suspension instruments specify salary entitlement during suspension (s 9G(1)-(2)).
Employment status and entitlements
The Act removes the office from the State Service Act 2000 (s 4(3)), so the Director’s office is not subject to the State Service statutory regime. However employees required to assist the Director are to be appointed subject to the State Service Act 2000 (s 14(1)) and the Secretary of the Department may provide or procure staff (s 14(2)). Superannuation arrangements are handled via specific provisions: earlier Directors were tied to Judges’ Contributory Pensions Act arrangements (s 8) and Directors appointed after 1 July 1999 are employees for the Public Sector Superannuation Reform Act 2016 (s 8A).
Accountability tools and reporting
The Director must prepare an annual report within three months after 30 June and submit it to the Attorney‑General for parliamentary tabling (s 15). Regulations may mandate information flows from police and court clerks to the Director (s 16(2)(b), (c)), creating procedural reporting links between investigative and prosecutorial organs.
Interpretive and miscellaneous concepts
The Act changes statutory references to the Crown Advocate in other Acts to mean the Director (s 18). Section 17 (immunity from personal liability) has been repealed; the Act nevertheless provides that the Deputy Director, when acting as Director, has “the same immunities and independence as the Director” (s 13A(7)), implying that immunities may exist at common law or by other statute even though the original statutory immunity was removed (note: s 17 repealed).
These concepts together form the institutional design: a powerful prosecutorial office with broad discretion over proceedings, formal connections to the executive (appointment, funding, directions in some cases), and structured parliamentary oversight for suspension/removal, set within defined remuneration and employment arrangements.
Who it affects
The Act directly and indirectly affects several groups and institutions. Each is identified and the concrete effect sourced to the Act.
The Director and Deputy Director
The person appointed as Director is the primary subject. The Act governs eligibility (s 4(2)), term (s 5(1)-(2)), remuneration (s 5A), leave (s 7), superannuation (s 8, s 8A, s 20), restrictions on private practice (s 11), and statutory functions (s 12). The Deputy Director is a statutory post created in 2015 (s 13A) and must also be an Australian lawyer of at least seven years’ standing (s 13A(1)). The Deputy acts as Director during illness, suspension, absence or vacancy and while acting receives the same salary and has the Director’s powers, immunities and independence (s 13A(3)-(7)).
The Attorney‑General and Solicitor‑General
The Attorney‑General retains specific statutory interactions with the Director. The Attorney‑General may direct or request the Director to give advice and assistance to particular persons (s 12(1)(b)) and to have the Director act as counsel on behalf of the Crown or other persons (s 12(1)(c), (e), (f)). The Director cannot take over or discontinue proceedings instituted by the Attorney‑General or Solicitor‑General without their approval (s 12(2)). Parliament and the Governor interact with the Attorney‑General in the tabling and oversight process (s 15; ss 9B-9F).
Police, prosecutors and other prosecuting agencies
The Director can issue guidelines to prosecutors, persons acting on the Director’s behalf, the Commissioner of Police and agencies who conduct prosecutions (s 12(1)(ea)). Regulations may require police or other prescribed persons to give information to the Director regarding commission of prescribed crimes or offences, and to report where prosecutions are withdrawn or not proceeded with (s 16(2)(b)). These provisions affect front‑line agencies’ information flows and referral behaviour.
Courts and court clerks
Regulations can require court clerks to send reports to the Director about proceedings for crimes or offences and specify the information or documents to be supplied (s 16(2)(c)). The Director may take over proceedings in courts, discontinue proceedings and otherwise interact with the court process (s 12(1)(a)-(c)).
The Crown and persons for whom the Attorney‑General directs the Director to act
The Director acts “on behalf of the Crown” in instituting and conducting proceedings (s 12(1)(a)). The Director may also act for “any other person” on the Attorney‑General’s direction or request (s 12(1)(c), (e)), thereby affecting private parties who seek the Director’s representation by official direction. The Director’s power to grant indemnities and to give undertakings that statements will not be used in evidence (ss 12(1)(eb), (ec)) affects individuals who cooperate with investigations and the legal consequences of their cooperation.
Departmental staff and the Department Secretary
The Secretary of the Department may provide State Service officers or procure other persons to assist the Director as requested (s 14(2)). Employees appointed to support the Director are appointed subject to the State Service Act (s 14(1)). These provisions define resource flows and employment classification.
Parliament and the Governor
The Governor makes appointments, suspensions and determines terms (ss 4(1), 5(3), 9A). Parliament receives reports and may, by resolution, confirm or revoke suspensions or revoke appointments after the procedures in ss 9B-9F. Section 21 limits retrospective application of 2015 amendments to persons holding office immediately before the amendment day, constraining who is affected by those changes.
Third parties such as insurers and superannuation schemes
Salary payment mechanics (s 5A(2A)-(2B)) allow the Director to elect salary sacrifice to a complying superannuation scheme or RSA. Superannuation arrangements for different cohorts of Directors are governed by s 8, s 8A and s 20; these provisions determine which fund pays or receives contributions and who ultimately bears future pension liabilities (e.g. Judges’ Pension Fund, Consolidated Fund transfers, or complying schemes).
Members of the public and defendants
The Director’s discretion to institute, continue or discontinue proceedings (s 12(1)(a)-(c)), power to grant indemnities (s 12(1)(eb)), and give use‑immunity undertakings (s 12(1)(ec)) have direct legal consequences for accused persons, witnesses and the broader public interest in prosecution policy.
Who pays and who decides
The Public Account is appropriated for salary and allowances (s 5A(3); s 6(2)), the Consolidated Fund and Judges’ Pension Fund are sources for transitional transfers (s 20(5)). Appointment and suspension decisions sit with the Governor (s 4(1); ss 9A, 9D), subject to parliamentary processes (ss 9B-9F), and certain operational approvals involve the Attorney‑General and Solicitor‑General (s 12(2)). The Director decides prosecutorial posture (s 12(1)(a)) and issues guidelines affecting referrals and prosecutorial practice (s 12(1)(ea)).
Geographic and jurisdictional scope
The Act operates “in and for the State” (s 3(1)); references to Commonwealth superannuation laws and Commonwealth instruments indicate interaction with federal regimes for retirement provisions (s 2 definitions, s 5A(2A)).
In short, the Act affects the officeholder(s), the executive (Governor, Attorney‑General, Solicitor‑General), investigative agencies (police, prosecutors), the courts, departmental personnel, funds that pay remuneration and pensions, and individuals who are parties to criminal processes.
Key duties and rights
The Act creates specific duties and confers rights on the Director, the Attorney‑General/Solicitor‑General, departmental authorities and others. Below are the principal statutory duties and rights, with section references.
Director’s rights and duties
Discretion to prosecute: The Director may institute and undertake criminal proceedings on behalf of the Crown where he considers it desirable (s 12(1)(a)(i)). This is framed as a discretionary power rather than an obligation to prosecute all matters.
Take over, continue and discontinue proceedings: The Director may, subject to s 12(2), take over and continue proceedings instituted by another person and discontinue proceedings at any stage (s 12(1)(a)(ii)-(iii)). Note the statutory caveat in s 12(2) regarding proceedings instituted by the Attorney‑General or Solicitor‑General.
Advice and assistance: The Director must give advice and assistance to prescribed persons or to persons whom the Attorney‑General directs or requests (s 12(1)(b)). The Act contemplates both routine advisory roles and case‑specific directions.
Issue guidelines: The Director may issue prosecution guidelines to prosecutors, persons acting on the Director’s behalf, the Commissioner of Police, and agencies who conduct prosecutions; such guidelines can include which offences or classes of offences are to be referred to the Director (s 12(1)(ea)). That is a statutory right to set prosecutorial policy in written form.
Grant indemnities and give use‑immunity undertakings: The Director has the statutory right to grant indemnities from prosecution (s 12(1)(eb)) and to give undertakings that answers/statements/disclosures will not be used in evidence against those persons (s 12(1)(ec)).
Supervision and instruction: The Director has the duty and right to instruct and supervise counsel, State Service officers, employees and other persons engaged for the conduct of proceedings (s 12(1)(d)).
Reporting: The Director must prepare a written annual report on performance of functions for the 12 months ended 30 June and submit it to the Attorney‑General within three months after 30 June (s 15(1)). The Attorney‑General must cause the report to be laid before each House of Parliament within the first 10 sitting days after receipt (s 15(2)).
Compliance with regulations: The Director operates subject to regulations that the Governor may make (s 16), including procedural rules for seeking or giving advice and circumstances in which prescribed persons must report to the Director (s 16(2)).
Restrictions on the Director
Private practice prohibition: The Director shall not engage in private practice or other employment except for performance of official functions (s 11(1)). Exceptions are limited,holding offices authorised by enactment or with written authorisation by the Attorney‑General (s 11(2)).
Restrictions concerning proceedings initiated by Attorney‑General/Solicitor‑General: The Director cannot take over, continue, or discontinue proceedings instituted by those law officers except with their approval (s 12(2)).
Governor’s and Ministerial powers and duties
Appointment: The Governor may appoint the Director (s 4(1)) and determine terms and conditions not inconsistent with the Act (s 5(3)).
Suspension and variation: The Governor may suspend the Director on listed grounds (incapacity, insolvency, conviction/charge, misconduct/misbehaviour) (s 9A). The Governor specifies salary proportion during suspension (s 9G(1)) and may revoke or vary suspensions (s 9D(1)).
Parliamentary duty of the Minister: If the Governor suspends the Director, the Minister must cause a statement setting out the grounds to be laid before each House within the first seven sitting days following the suspension (s 9B). If the Governor revokes or varies a suspension, a statement of grounds must again be laid (s 9D(2)).
Parliament’s powers
Confirmation or revocation of suspension for misconduct/misbehaviour: A House of Parliament may, within 30 sitting days after a suspension statement is laid, pass a resolution confirming or revoking a suspension that was made for misconduct or misbehaviour (s 9C(1)). If both Houses revoke the suspension, the suspension is revoked from that day (s 9C(2)).
Request and resolution to revoke appointment: The Governor may cause a statement requesting Parliament to revoke an appointment to be laid before both Houses, subject to conditions (s 9E). A House, after 10 sitting days from that statement being laid, may resolve to revoke the appointment; if both Houses resolve likewise the appointment is revoked from the day the resolutions are passed by both Houses (s 9F(1)-(2)).
Employees and departmental obligations
Staffing powers and duties: Persons necessary to enable the Director to perform the functions may be appointed or employed subject to the State Service Act 2000 (s 14(1)). The Secretary of the Department must, on request, provide State Service employees or procure other persons to assist the Director (s 14(2)).
Financial rights and obligations
Salary and allowances: The Director is entitled to a salary equivalent to a puisne judge (s 5A(2)) and travelling and other allowances as determined by the Governor or, until a determination, those applicable to the Head of a State Service Agency (s 6(1)). Salary may be paid partly by employer superannuation contributions to a complying superannuation scheme or RSA if the Director elects (s 5A(2A)).
Funding appropriations: The Public Account is appropriated to pay salary and allowances under s 5A(3) and s 6(2). Transitional superannuation transfers are to be paid from specified funds (s 20(5)).
Other specific rights
Conversion of references to Crown Advocate: Other Acts’ references to the Crown Advocate are to be read as references to the Director post the Crown Advocate Amendment Act 1986 (s 18). This alters operative rights and duties across statutes that formerly referenced the Crown Advocate.
Collectively, these provisions create a mix of broad prosecutorial rights for the Director and a set of duties and procedural constraints to foster reporting, supervision, and accountability to the executive and Parliament.
Penalties and enforcement
The Act as provided in the supplied text does not create a standalone novel criminal penalty regime or specify administrative penalties for non‑compliance with the Director’s directives. Enforcement modalities and corrective measures rest primarily on institutional and procedural mechanisms rather than express statutory penalties in this text. The principal enforcement and accountability mechanisms are:
Executive suspension and salary adjustments
The Governor may suspend the Director on specified grounds (ss 9A(1)-(3); 9A(2) for being charged). The instrument of suspension must specify the proportion of the Director’s salary payable during suspension (s 9G(1)), and the suspended person is entitled only to that proportion (s 9G(2)). If suspension is revoked, back pay for the period may be due (s 9G(3)).
Parliamentary resolutions and removal of appointment
Parliament can exercise oversight: a House may confirm or revoke a suspension relating to misconduct/misbehaviour (s 9C). Where the Governor requests revocation of appointment, a House may resolve to revoke the appointment or revoke the suspension and, if both Houses resolve under s 9F(2)(b), the appointment is revoked. The Act therefore relies on parliamentary resolutions rather than an internal disciplinary punishment schedule.
Conditions for suspension
The grounds for suspension are specified: incapacity other than temporary illness, bankruptcy or assignment of remuneration, conviction in Tasmania of a crime or an offence punishable by 12 months imprisonment or more (or equivalent convictions elsewhere) or having been charged with such offences, or engaging in misconduct in office or misbehaviour bringing the office into disrepute (s 9A(1)-(3)). The Act specifies these grounds as threshold conditions for suspension, not criminal sanctions imposed by the Act itself.
Financial consequences of suspension
As noted, the instrument of suspension controls salary entitlement (s 9G). This is the Act’s principal immediate enforcement lever affecting the officeholder’s emoluments during suspension.
Regulatory powers
The Governor may make regulations for the purposes of the Act (s 16(1)). Regulations can prescribe reporting obligations of police and courts to the Director (s 16(2)(b), (c)) and other procedural matters. Breach of regulations may generate penalties under the regulations themselves, although no specific regulatory penalty provisions appear in the Act text provided; such penalties would be established in the regulations, not in this Act.
No express statutory personal liability regime in this Act text
Section 17, which previously provided immunity from personal liability for acts or omissions done in good faith in performance of the Act’s functions, has been repealed (s 17: “Repealed by No. 42 of 1986, s. 9”). The Act therefore does not, in the text supplied, create a contemporaneous statutory personal immunity for the Director; however, the Deputy Director is given “the same immunities and independence as the Director” when acting as Director (s 13A(7)), implying that immunity or independence may be recognised elsewhere (common law or other statute), but not by an express surviving provision in this Act. Practitioners should therefore verify the current statutory and common law position on immunities and Crown liability beyond the Act.
No specific offence provisions for non‑performance
The Act does not create express offences for failure to perform a duty under the Act (for example, no offence attached to failure by a police officer to report under s 16(2) where regulations might require reporting). If regulations are made under s 16(1) that create offences, enforcement would flow from those regulations.
Administrative remedies and civil actions
The Act does not specify civil remedies for individuals aggrieved by exercise of the Director’s functions. Recourse in such situations would arise under general public law (judicial review), civil tort or other statutes, but those remedies are external to this Act and are not set out in the text provided.
In sum, the Act enforces its standards mainly through institutional checks,Governor suspension, parliamentary oversight, salary consequences during suspension, regulatory reporting obligations,and leaves the creation and enforcement of penal consequences largely to regulations or other legislative or common law mechanisms.
How it interacts with other laws
The Act expressly intersects with multiple other statutes and legal regimes, sometimes by incorporating or deferring to those other laws and sometimes by altering how references in other laws are to be read. Key interactions in the text:
Criminal law and Crown Law Office
The Director is designated a Crown Law Officer for purposes of the Criminal Code (s 3(2)), creating an explicit link with the Criminal Code framework and any provisions therein that refer to Crown Law Officers.
State Service Act 2000 and staffing
The office of Director is expressly excluded from the State Service Act 2000 (s 4(3): “The State Service Act 2000 does not apply to the office of Director... or to a person holding that office”). By contrast, staff necessary to enable the Director to perform functions are appointed or employed “subject to and in accordance with the State Service Act 2000” (s 14(1)). The Secretary of the Department may supply State Service employees (s 14(2)). This creates a bifurcation: the officeholder is outside the standard State Service scheme; supporting employees are subject to it.
Judges’ Contributory Pensions Act 1968 and superannuation regime
For persons who were Director on particular historical dates, the Act adopts the Judges’ Contributory Pensions Act 1968 regime, treating service as Director as if it were service as a judge for pension purposes (s 8 and subsections). The Act modifies application of defined sections of the Judges’ Contributory Pensions Act (s 8(2)(b), (c); s 8(3)). Those amendments apply only as specified (s 19) and transitional arrangements exist (s 20). Directors appointed after 1 July 1999 are employees for the purposes of the Public Sector Superannuation Reform Act 2016 (s 8A), shifting them into the contemporary public sector superannuation framework.
Public Account, Consolidated Fund and Judges’ Pension Fund
Salary and allowances are payable out of the Public Account (s 5A(3); s 6(2)). Section 20(5) requires that transitional transfers be made from the Judges’ Pension Fund and the Consolidated Fund as specified, showing interaction with public finance statutes and accounts.
Commonwealth superannuation and retirement regimes
Definitions in s 2 adopt terms from Commonwealth statutes (e.g., “complying superannuation scheme,” “RSA” per the Retirement Savings Accounts Act 1997), and s 5A(2A) allows salary sacrifice into a complying superannuation scheme or RSA, indicating interaction between State remuneration arrangements and Commonwealth‑regulated retirement vehicles.
Regulations and procedural reporting obligations
Section 16 authorises the Governor to make regulations for purposes of the Act, including mandating that police or other prescribed persons give information concerning commission of prescribed crimes or offences and reporting withdrawn prosecutions (s 16(2)(b)). Any regulatory obligations and penalties created will interact with the general regulatory offences and enforcement machinery of the State.
Crown Advocate references
Section 18 requires that references in other Acts or instruments to the Crown Advocate be read as references to the Director following commencement of the Crown Advocate Amendment Act 1986. That has the effect of transplanting statutory functions or permissions formerly vested in the Crown Advocate to the Director, altering the network of cross‑statutory responsibilities.
Workers’ compensation and asbestos compensation legislation
The Director is a “worker” for purposes of the Workers Rehabilitation and Compensation Act 1988 and the Asbestos‑Related Diseases (Occupational Exposure) Compensation Act 2011 (s 6(3)). This imports those statutory regimes for workplace injury and disease protections.
Attorney‑General and Solicitor‑General roles
The Director’s inability to take over proceedings instituted by the Attorney‑General or Solicitor‑General without their approval (s 12(2)) creates a specific interdependence with those independent law officers, as does the Director’s capacity to act at their request (s 12(1)(b), (c), (f)). The Act therefore allocates powers across law officers and creates procedural checks.
Parliamentary procedures
The Act integrates with parliamentary processes for tabling reports (s 15(2)) and for considering statements about suspensions and requests to revoke appointments (ss 9B-9F). Those provisions utilise the legislature’s standing orders and resolution powers; specifics of timing (e.g., “first 7 sitting‑days,” “30 sitting‑days,” “10 sitting‑days”) are defined in the Act and depend on Parliament’s sitting calendar and standing order modalities.
Other statutes affecting definitions and entitlements
Section 2 imports and cross‑refers to multiple external statutes for definitions (e.g., Public Sector Superannuation Reform Act 2016, Relationships Act 2003, Retirement Savings Accounts Act 1997). Those cross‑references determine entitlement and interpretive contexts beyond the Act.
Absent or repealed statutory features
Section 17 (immunity from personal liability) has been repealed. The Act nevertheless provides immunities (by reference) for a Deputy acting as Director (s 13A(7)), implying interplay with common law immunities or other statutes. Practitioners must therefore consult the wider legal framework for current immunity and liability rules.
In practical terms, a lawyer advising on a matter touching the DPP must consider:
the Criminal Code and other substantive criminal law for interaction with DPP prosecutorial decisions;
Public finance laws for funding and payments (Public Account, Consolidated Fund);
superannuation laws for retirement entitlements and elective salary sacrifice options;
the State Service Act 2000 as it applies to staff supplied to the DPP;
regulations made under s 16 (which may create reporting obligations and offences);
the Judges’ Contributory Pensions Act 1968 for legacy pension rights for certain former Directors; and
parliamentary procedures relevant to suspension and revocation as provided by ss 9B-9F.
Each intersection is made explicit in the Act text and determines legal consequences for remuneration, employment classification, procedural duties, and accountability.
Amendment history
The Act as published includes a substantial list of amendments and insertions. The Act’s marginal notes indicate the following key amendment episodes and the operative effects recorded in the text provided. This is a statute‑text summary of amendments as annotated in the Act.
1973 , original enactment
The Act itself is the Director of Public Prosecutions Act 1973 (short title s 1(1)). The commencement mechanism is by proclamation (s 1(2)).
1984-1986 amendments (No. 29 of 1984; No. 42 of 1986)
Several early amendments adjusted provisions concerning appointment, tenure, allowances and procedural matters. Notably, s 3, s 4 and s 5 include amendment notations referencing No. 42 of 1986, as do many later sections indicating that the Act’s structure was revised during that period. Section 17 (immunity from personal liability) was repealed by No. 42 of 1986 (s 17 notation).
1985-1996 adjustments
Amendments across the late 1980s and 1990s touched pension and salary arrangements, with s 8 and s 5A reflecting changes. Section 5A (Salary of Director) was inserted by No. 45 of 1996 (s 4), setting salary alignment to a puisne judge from 1996 (s 5A(2)), and a prior temporary 90% salary provision for 1995-1996 (s 5A(1)).
1999 amendments (No. 91 of 1999)
Significant changes occurred in 1999. Section 8 was substantially reworked and s 8A and s 20 were inserted by No. 91 of 1999 (Applied: 15 Dec 1999). These changes shifted superannuation treatment: s 8A provides that a person appointed as Director after 1 July 1999 is an employee for purposes of later superannuation reform, and s 20 establishes transitional transfer mechanisms for contributions and employer amounts for certain Directors appointed after 1 July 1999 but before the commencement of superannuation reform legislation. Section 5A was amended to add salary‑sacrifice provisions (s 5A(2A), (2B)).
2000-2008 amendments
Various technical amendments appear (No. 103 of 2000; No. 86 of 2000; No. 66 of 2007). These affect definitions (s 2), eligibility language (s 4), and other technical adjustments. Note entries show Sched. references and applied dates for those amendments.
2003-2005 amendments and 2007-2013 changes
Adjustments to definitions (e.g., “spouse” in s 2 amended by No. 45 of 2003) and superannuation provisions (No. 65 of 2005) were made. s 6(3) (worker status for workers compensation) was inserted earlier and later amended. Section 8A was subject to multiple amendments across 2005 and 2013 indicating iterations on the superannuation employment status of the Director.
2011 and 2013 technical amendments
Section 6(3) was amended by No. 28 of 2011, extending worker protections, and some subsections of s 12 were omitted by No. 46 of 2013 (s 12(3)-(5) omitted).
2015 Law Officers (Miscellaneous Amendments) Act (No. 39 of 2015)
This is a major amendment package with multiple insertions and substitutions applied 13 October 2015. It:
Amended s 4(2) eligibility to require 7 years standing and add conditions on prior appointment (s 4(2) intro and (a), (b)).
Substituted s 5 to its current form (s 5 now sets a 10‑year term and permits a further appointment of up to 10 years).
Inserted ss 9A-9G and s 21, establishing a comprehensive suspension, parliamentary oversight and removal procedure (ss 9A-9G), and limiting retrospective application of the amendments (s 21).
Inserted s 13A creating the Deputy Director role and associated powers and immunities.
Added s 12(1)(ea)-(ec) conferring guideline, indemnity and undertaking powers to the Director.
Repealed s 10.
2016 Public Sector Superannuation Reform Act (No. 54 of 2016)
Section 2 was amended to add or alter definitions relating to superannuation schemes, accumulation schemes and contributory schemes, applied 31 March 2017. Section 8A was substituted by s 17 of the 2016 Act, indicating integration with the Public Sector Superannuation Reform Act 2016. Sections s 13(2) and other references were amended to align superannuation entitlements.
2017-2019 technical updates
Various applied amendments including s 5A(3) and s 6(2) referencing appropriation and payment from the Public Account were updated by No. 4 of 2017 (Applied: 01 Jul 2019).
Other amendments and repeals
Several provisions inserted earlier (s 8B, s 8C) were later repealed by No. 54 of 2016 (s 18). The Act’s text records many amendment entries in marginal notes that indicate a long history of piecemeal reforms focused on superannuation, appointment rules, and governance (notably 2015 Law Officers reforms).
Practical summary of amendment milestones
Pre‑1999: foundational structure, remuneration and administrative features established and adjusted.
1996: salary aligned to judges (s 5A).
1999: substantial superannuation reworking and transitional provisions (s 8, s 8A, s 20).
2013: minor technical changes (omissions to earlier s 12 subsections).
2015: comprehensive governance package creating suspension and parliamentary oversight procedures, Deputy Director office, and powers to issue prosecution guidelines and grant indemnities/undertakings (No. 39 of 2015).
2016-2017: alignment with Public Sector Superannuation Reform Act and other modernisation steps.
The marginal notes in the Act text are the source of these amendment references and applied dates. Practitioners should consult the consolidated Act in force text and relevant amending Acts for precise operative wording and commencement dates where particular provisions took effect.
Litigation history
The Act text provided does not record any cases or litigation history. It contains no judicial decisions, annotated case law references, or examples of judicial interpretation within the statute itself. The Act includes many repeal and amendment footnotes and indicates changes over time, but no court judgments are named in the statutory text provided.
Implication for research and practice
The absence of litigation references in the Act means that to understand how courts have interpreted the Act, one must search case law databases and secondary sources for judicial decisions addressing:
the scope of the Director’s discretion under s 12(1)(a);
the reach and effect of guidelines under s 12(1)(ea);
the legal effects and procedural safeguards associated with s 12(1)(eb) indemnities and s 12(1)(ec) undertakings;
the legality and scope of suspension and parliamentary processes under ss 9A-9F;
the interplay between Attorney‑General/Solicitor‑General powers and the Director’s powers under s 12(2);
any challenges relating to remuneration, superannuation transfers, and classification as an employee or State Service exclusion.
Because the Act modifies references to the Crown Advocate (s 18) and integrates with other regimes (pensions, superannuation), litigation may exist in adjacent areas that touch on the Director’s statutory role.
Recommendation (procedural)
For any matter that engages the DPP’s functions or the governance regime (appointment, suspension, indemnities, or guidelines), conduct targeted case law research in the State and Federal databases for decisions interpreting relevant provisions and for judicial review actions involving the DPP. The Act itself, as provided, furnishes the statutory framework but not judicial gloss.
Gotchas
This section lists practical pitfalls, timing traps, and interpretive issues a practitioner should check against the Act’s text before advising clients or making operational decisions. Each item is grounded in the Act.
Eligibility and reappointment nuances (s 4(2); s 5(2))
Eligibility requires the appointee be an Australian lawyer with at least seven years’ standing (s 4(2)). The Act includes a nuanced restriction in s 4(2)(a): a person is not eligible unless he or she has not previously been appointed as Director, unless s 5(2) applies. Section 5(2) allows a previously appointed Director to be appointed again for a further term not exceeding ten years when the instrument specifies it to begin immediately after the prior term. Practitioners should check whether an intended appointment falls within s 4(2) constraints and whether the instrument of appointment properly implements s 5(2) for reappointment.
State Service Act exclusion and staffing paradox (s 4(3); s 14(1)-(2))
The Director’s office is excluded from the State Service Act 2000 (s 4(3)), but staff necessary to enable the Director to perform functions are appointed subject to the State Service Act (s 14(1)). This creates potential administrative tension about entitlements and processes for staff versus the Director. Advice on employment status for personnel supporting the Director must reflect this bifurcation.
Director’s inability to alter Attorney‑General/Solicitor‑General matters without approval (s 12(2))
The Director’s broad discretions are expressly limited where proceedings were instituted by the Attorney‑General or Solicitor‑General: the Director may not take over, continue, or discontinue such proceedings without their approval (s 12(2)). That is a practical constraint; practitioners should check whether a matter originated with a law officer before advising on Director‑led changes.
Parental procedural timelines and parliamentary sitting days (ss 9B-9F)
Suspension and removal timelines reference parliamentary “sitting‑days” (ss 9B, 9C, 9F). Parliamentary calendars vary; the statutory timing (e.g., “first 7 sitting‑days” in s 9B, “within 30 sitting‑days” in s 9C, “after 10 sitting‑days” in s 9F(1)) can extend the effective duration of suspension or delay resolution. Practitioners must monitor parliamentary sittings to know deadlines for contesting or responding to suspension notifications.
Salary and payment on suspension (s 9G)
The Governor specifies the proportion of salary payable during suspension (s 9G(1)) and that amount is the only salary entitlement during suspension unless the suspension is revoked and s 9G(3) applies. There is therefore immediate financial exposure for a suspended Director pending parliamentary process.
Repeal of statutory personal immunity and implied immunities (s 17; s 13A(7))
Section 17’s repeal means the Act no longer contains the earlier statutory immunity clause. Yet s 13A(7) grants the Deputy Director “the same immunities and independence as the Director” when acting as Director. This leaves uncertainty about the statutory source and scope of those immunities. Advisers should not assume statutory personal immunity exists and should check common law immunities or other statutory immunities that might apply.
Regulation‑dependence for reporting obligations (s 16(2))
The Act contemplates that regulations will prescribe circumstances in which police or other persons must report to the Director and what information courts must provide (s 16(2)(b), (c)). Until those regulations are made or reviewed, the exact obligations, timing and penalties (if any) under the Act’s regulatory scheme may be unclear. Practitioners should confirm whether enabling regulations exist and their terms.
Superannuation variations and cohort differences (ss 5A, 8, 8A, 20)
Superannuation treatment differs by appointment date cohorts: older Directors are tied to Judges’ Contributory Pensions Act provisions (s 8), Directors appointed after 1 July 1999 fall under s 8A and are employees for Public Sector Superannuation Reform Act 2016 purposes, and transitional transfers for a specific cohort are dealt with in s 20. These differences affect retirement benefits and employer contribution arrangements, so check which regime applies to the person in question and whether transitional nominations were timely (s 20(2): one month to nominate).
Delegation and authority to issue guidelines, grant indemnities, give undertakings (s 12(1)(ea)-(ec))
The Director’s power to issue prosecution guidelines and to grant indemnities or give use‑immunity undertakings can have serious legal consequences. Ensure written guidelines are detailed and that indemnities/undertakings are documented and consistent with procedural fairness and other legislative or common law constraints. Note also that guidelines are issued to a wide class (prosecutors, persons acting on the Director’s behalf, Commissioner of Police, agencies) (s 12(1)(ea)) and can affect referral behaviour.
Non‑application of 2015 amendments to sitting Director (s 21)
Section 21 disapplies certain 2015 amendments to the person who held the office immediately before the amendment day. This means some changes introduced in 2015 do not affect incumbents who held office at that time. Check whether a particular Director falls within the protection of s 21(2) when advising about application of those amendments.
Records and tabling of annual reports (s 15)
The Director must submit an annual report to the Attorney‑General within three months after 30 June (s 15(1)). The Attorney‑General must cause the report to be laid before Parliament within 10 sitting days after receipt (s 15(2)). Failure to meet these deadlines could create political and administrative issues. Practitioners advising public officers should watch these timing obligations.
Interpretation traps from multiple cross‑references (s 2)
Section 2 contains multiple definitions that cross‑refer to Commonwealth and State Acts (e.g., “complying superannuation scheme,” “accumulation scheme,” “spouse” per Relationships Act 2003). Advice must ensure correct contemporaneous definitions are used as they may have been amended elsewhere.
Delegation to Deputy Director and “same effect” clauses (s 13A(4)-(5))
Actions by the Deputy Director while acting as Director have the same legal effect as if performed by the Director (s 13A(4)-(5)). Ensure that the Deputy’s acting appointment is validly recorded and that any statutory requirements for acting powers (e.g., instrument of acting or vacancy) are satisfied to avoid later challenges.
In practice, these “gotchas” translate into specific diligence points: check appointment instruments and dates; confirm which superannuation and salary regime applies; examine the existence and terms of regulations under s 16; verify parliamentary sitting calendars and required tabling; and ensure formal documentation for guidelines, indemnities and undertakings.
How to comply
This section sets out concrete compliance steps and checklists for the principal actors under the Act: prospective or incumbent Directors, the Attorney‑General and Solicitor‑General, the Governor’s office (appointments and suspensions), departmental secretaries, police/prosecutors and court clerks, and advisers handling remuneration and superannuation. Each action is tied to the Act’s relevant sections.
For prospective Directors and appointing authorities (Governor/Attorney‑General)
Verify eligibility: ensure the candidate is an Australian legal practitioner with at least seven years’ standing (s 4(2)). Confirm whether a prior appointment as Director affects eligibility and, if reappointment is intended, ensure the instrument of appointment specifies the further period and that s 5(2) applies.
Draft the instrument of appointment in conformity with s 5(3): terms and conditions must be consistent with the Act.
Establish remuneration mechanics: ensure salary is set as required (s 5A(2)) and that any salary sacrifice election is captured in writing to the Secretary if the Director elects (s 5A(2A)). Confirm appropriation via the Public Account (s 5A(3); s 6(2)).
For the Director (operational compliance)
Maintain prosecutorial records and adhere to guidelines: if the Director issues prosecution guidelines (s 12(1)(ea)), document issuance, notification to affected agencies and track referrals and departures from guidelines. Where indemnities or use‑immunity undertakings are granted (ss 12(1)(eb), (ec)), prepare written instruments setting out terms, scope and any conditions.
Respect limitations regarding law officer matters: before taking over proceedings, check whether the matter was instituted by the Attorney‑General or Solicitor‑General and obtain necessary approval if required (s 12(2)).
Annual reporting: prepare the annual report within three months after 30 June and transmit to the Attorney‑General (s 15(1)). Keep records and supporting data to satisfy parliamentary inquiries on tabling (s 15(2)).
Superannuation and salary sacrifice compliance: if electing to sacrifice salary into an RSA or complying superannuation scheme, give written notice to the Secretary in accordance with s 5A(2A). Check which superannuation regime applies to the Director (s 8, s 8A, s 20) and follow applicable nomination timeframes (s 20(2)).
For the Deputy Director and staff
Appointment and acting arrangements: ensure Deputy Director appointments comply with s 13A(1) and are made “subject to and in accordance with the State Service Act 2000” where applicable. When acting as Director, ensure formal instrument or record of acting appointment is in place to validate exercises of power (s 13A(3)-(5)).
Supervision and delegation: document any delegation or direction from the Director to staff and counsel, and ensure that staff supplied under s 14(2) are clearly seconded and that service conditions are made explicit.
For the Attorney‑General and Solicitor‑General
Approvals and directions: if a matter is initiated by the Attorney‑General or Solicitor‑General, maintain records of decisions and any approvals required by s 12(2). Where the Attorney‑General directs the Director to act or to give advice, ensure a written record of the direction is maintained as the Act contemplates such directions (s 12(1)(b), (c), (f)).
Tabling and parliamentary correspondence: when the Director provides the annual report, ensure it is tabled within the statutory window (s 15(2)). If a Governor suspends the Director, ensure the Minister prepares the statement for tabling in Parliament within seven sitting days (s 9B).
For the Governor’s office (suspension and appointment administration)
Suspension instruments: where suspending the Director under s 9A, prepare a clear instrument specifying grounds under the statutory categories and the salary proportion to be paid during suspension (s 9G(1)). Ensure statements required by ss 9B and 9D(2) are prepared for parliamentary tabling within the required timeframes.
Revocation and variation: if revoking or varying a suspension (s 9D(1)), ensure statements and procedural steps are factually supported and laid before both Houses as required (s 9D(2)), and monitor parliamentary resolutions per s 9D(3)-(4) and s 9F.
For Police, court clerks and prosecuting agencies
Check and implement regulations under s 16: if regulations have been made prescribing reporting obligations under s 16(2)(b)-(c), ensure internal processes route required information to the Director in the form and timeframe specified. Absent regulations, confirm any practice notes or memoranda of understanding with the DPP on voluntary reporting and referral standards.
Align charging and referral practices to Director’s guidelines: where the Director issues guidelines under s 12(1)(ea) about offences or classes of offences to be referred to the DPP, embed those guidelines into police charging protocols and prosecutorial screening processes, and document exceptions and reasons.
For finance, payroll and superannuation administrators
Execute salary and allowances: process the Director’s salary and allowances from the Public Account as appropriated (s 5A(3); s 6(2)). For salary sacrifice elections under s 5A(2A), ensure payroll properly deducts and transfers amounts and records the Director as having “received” the full salary for superannuation purposes (s 5A(2B)).
Implement transitional transfers: where s 20 applies, process transfers from the Judges’ Pension Fund and the Consolidated Fund as specified and ensure the Director’s nomination to a complying fund or RBF Board investment account is recorded (s 20(1)-(5)).
Recordkeeping and documentation
Maintain rigorous contemporaneous records of:
instruments of appointment, reappointment or acting appointments (ss 4, 5, 13A);
any approvals from the Attorney‑General or Solicitor‑General under s 12(2);
prosecution guidelines, indemnity and undertaking documentation (s 12(1)(ea)-(ec));
suspension instruments and statements to Parliament, and salary proportions set during suspension (ss 9A, 9B, 9G);
annual report drafts and the date delivered to the Attorney‑General (s 15).
For all actions with public law implications, ensure reasons are recorded to support any exercise of discretion in case of judicial review.
Monitoring and legal review
Regularly review the regulations made under s 16. If regulations create new obligations or offences, incorporate those into compliance checklists.
Confirm the current state of statutory immunities and Crown liability in the jurisdiction through up‑to‑date legal research, because s 17 has been repealed and s 13A(7) presumes immunities without establishing their statutory source.
Practical checklist for first 90 days of a Director or Deputy acting as Director
Confirm the instrument of appointment, term and conditions (s 5(1)-(3)).
Decide (and, if desired, notify) any salary sacrifice election in writing to the Secretary (s 5A(2A)).
Receive and review staff and delegation arrangements under s 14.
Inventory outstanding referrals, pending matters, and matters instituted by the Attorney‑General/Solicitor‑General, noting s 12(2) constraints.
Prepare or review prosecution guidelines and establish communication channels with police and prosecuting agencies (s 12(1)(ea); s 16(2)).
Prepare the annual report timeline and data sources (s 15).
Confirm superannuation classification and any transitional arrangements applicable (ss 8, 8A, 20).
Following these steps will align operational practice with the Act’s statutory mechanics and minimise procedural risk.
[Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999]
[Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999][Section 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]practitioner means an Australian legal practitioner;
[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999][Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]
[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005]RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;
[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999]Secretary means the Secretary of the Department;
[Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;
[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999][Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017][Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999][Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999][Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]
3 Office of Director of Public Prosecutions
3 Office of Director of Public Prosecutions
(1) *[Section 3 Subsection (1) amended by No. 42 of 1986, s. 7 ]*There shall be a Director of Public Prosecutions in and for the State.
(2) *[Section 3 Subsection (2) amended by No. 42 of 1986, s. 7 ]*The Director is a Crown Law Officer for the purposes of the Criminal Code .
4 Appointment of Director
4 Appointment of Director
(1) *[Section 4 Subsection (1) amended by No. 42 of 1986, s. 10 ]*The Governor may appoint a person as Director.
(2) [Section 4 Subsection (2) amended by No. 39 of 2015, s. 4, Applied:13 Oct 2015][Section 4 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 4 Subsection (2) substituted by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A person is not eligible for appointment as Director unless he or she is an Australian lawyer of not less than 7 years' standing as a practitioner and either –
(a) [Section 4 Subsection (2) amended by No. 39 of 2015, s. 4, Applied:13 Oct 2015] he or she has not previously been appointed under subsection (1) as Director; or
(b) [Section 4 Subsection (2) amended by No. 39 of 2015, s. 4, Applied:13 Oct 2015] he or she has previously been appointed under subsection (1) as Director and section 5(2) applies in relation to his or her appointment.
(3) [Section 4 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 4 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 4 Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]*The State Service Act 2000 does not apply to the office of Director of Public Prosecutions or to a person holding that office.
5 Tenure of office and terms and conditions of appointment of Director
5 Tenure of office and terms and conditions of appointment of Director
[Section 5 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 5 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005][Section 5 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 5 Substituted by No. 39 of 2015, s. 5, Applied:13 Oct 2015]
(1) Subject to this Act, a person appointed as Director holds office for a period of 10 years.
(2) Despite subsection (1) , a person who has previously been appointed as Director may be appointed as Director for a further period, of not more than 10 years, that is specified in the instrument of appointment and is to begin immediately after the term of his or her previous appointment ends.
(3) A person appointed as Director holds office on the terms and conditions, not inconsistent with this Act, that the Governor from time to time determines.
5A Salary of Director
5A Salary of Director
[Section 5A Inserted by No. 45 of 1996, s. 4 ]
(1) For the period 26 June 1995 to 30 September 1996, both days inclusive, the Director is to be paid a salary at the rate of 90% of the salary payable to a puisne judge of the Supreme Court of Tasmania for the same period.
(2) After 30 September 1996, the Director is to be paid a salary equivalent to the salary payable to a puisne judge of the Supreme Court of Tasmania.
(2A) [Section 5A Subsection (2A) inserted by No. 91 of 1999, s. 6, Applied:15 Dec 1999][Section 5A Subsection (2A) substituted by No. 52 of 2002, s. 20, Applied:27 Nov 2002] Notwithstanding subsection (2) , the Director may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with subsection (2) may be provided –
(a) in part by the payment of salary to the Director; and
(b) [Section 5A Subsection (2A) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.
(2B) [Section 5A Subsection (2B) inserted by No. 91 of 1999, s. 6, Applied:15 Dec 1999] If the Director elects to sacrifice some or all of his or her salary under subsection (2A) –
(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and
(b) the Director is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (2) , notwithstanding the salary sacrifice.
(3) [Section 5A Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Director is entitled to be paid out of the Public Account.
(4) [Section 5A Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Public Account is appropriated to the extent necessary for the purposes of subsection (3) .
6 Remuneration of Director
6 Remuneration of Director
(1) [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 6 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 6 Subsection (1) amended by No. 45 of 1996, s. 4 ]*In addition to the salary prescribed in this Act, the Director is entitled to be paid such travelling allowances and other allowances as the Governor determines, and, until the Governor makes a determination under this subsection, is entitled to be paid the same travelling allowances and other allowances as are applicable to the Head of a State Service Agency.
(2) [Section 6 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] *[Section 6 Subsection (2) amended by No. 42 of 1986, s. 10 ]*An allowance that is payable to the Director by virtue of subsection (1) is payable out of the Public Account (which, to the necessary extent, is appropriated accordingly).
(3) [Section 6 Subsection (3) amended by No. 28 of 2011, s. 14, Applied:31 Oct 2011] *[Section 6 Subsection (3) inserted by No. 45 of 1996, s. 4 ]*The Director is a worker for the purposes of the Workers Rehabilitation and Compensation Act 1988 and the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 .
7 Leave of absence
7 Leave of absence
(1) [Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 7 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 7 Subsection (1) amended by No. 42 of 1986, s. 10 ]*The Director is entitled to the same leave of absence for recreation or on account of sickness as if he were a State Service officer or State Service employee.
(2) *[Section 7 Subsection (2) amended by No. 42 of 1986, s. 10 ]**[Section 7 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*The Director is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .
8 Pension rights for former Director, &c.
8 Pension rights for former Director, &c.
(1) [Section 8 Subsection (1) amended by No. 18 of 1999, s. 5, Applied:14 May 1999][Section 8 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (1) substituted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] This section applies only to the person who was the Director on 1 July 1999.
(1A) [Section 8 Subsection (1A) inserted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] Subject to this section, the Judges' Contributory Pensions Act 1968 applies to the Director and, if he predeceases his spouse, his widow as if he were, or had been, a judge to whom that Act applies and as if his service as Director were service as such a judge.
(2) [Section 8 Subsection (2) amended by No. 91 of 1999, s. 7, Applied:15 Dec 1999][Section 8 Subsection (2) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] *[Section 8 Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 8 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (2) amended by No. 35 of 1989, s. 4 ]*In its application to the Director and to his widow–
(a) . . . . . . . .
(b) [Section 8 Subsection (2) amended by No. 18 of 1999, s. 5, Applied:14 May 1999]subsection (2) of section 5 of theJudges' Contributory Pensions Act 1968 has effect as if the reference therein to the appropriate judicial salary were a reference to the salary payable to the Director at the time of his or her retirement or death; and
(c) section 7 of that Act has effect as if subsection (3) were omitted and the following subsection were substituted:
(3) In this section, a reference to the appropriate judicial salary, in relation to a pension payable in respect of contributions paid by a person who, immediately before that person became entitled to a pension under this Act or at that person's death, was the Director of Public Pros
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