The Act creates a statutory Director of Public Prosecutions and an Office to centralise responsibility for indictable prosecutions and related appeals, vesting charging and conduct decisions in that office while enabling published, non‑case‑specific guidance. The Governor in Council appoints and sets terms for senior officers, and the Office’s staff, funding and financial accountability rest with the public service.
It imposes duties on police to disclose investigative material, requires confidentiality and criminal‑history checks for staff, and concentrates prosecutorial discretion and operational costs in a public body.
Mechanically, the Act establishes an independent office, sets out statutory appointment, tenure and removal processes for the Director of Public Prosecutions, provides for deputy directors and crown prosecutors, and allocates operational powers, staffing and administrative arrangements needed to prepare, institute and conduct indictable criminal proceedings and related appellate and High Court work. The text creates an Office of the Director of Public Prosecutions (s 4A), mandates the Director be an Australian lawyer with at least ten years admission (s 5(1A)), and prescribes the Director’s core functions and powers including instituting and conducting criminal proceedings on behalf of Her Majesty, appeals in the Court of Appeal, and related High Court work (s 10(1)(a)-(c)). The Director may also appear personally or by other lawyers (s 10(4)).
The Act separates appointment mechanics from general public sector employment rules. The Director and deputy directors are to be appointed under this Act rather than under the Public Sector Act 2022 (s 5(3); s 19(2)). By contrast, officers appointed to assist the Director (including crown prosecutors) are to be appointed under the Public Sector Act 2022 (s 23(2)). Administrative and financial control is placed with the chief executive for matters associated with the Director’s functions and for officers appointed under s 23, and the chief executive is the accountable officer under the Financial Accountability Act 2009 (s 32(1)-(2)).
The Act confers guideline and direction-making powers on both the Attorney-General and the Director. The Attorney-General may issue guidelines that bind the Director when exercising functions under the Criminal Proceeds Confiscation Act 2002 with respect to examination orders, and those guidelines must be gazetted and tabled in the Legislative Assembly (s 10A(1), (3)-(4)). The Director may furnish written guidelines to crown prosecutors, the police commissioner and others about prosecutions, and may direct police and other persons about which offences or classes of offences must be referred to the Director (s 11(1)(a)-(b)). The Director must provide copies of any guidelines or directions to the Minister and include them in the Director’s annual report (s 11(2)).
Current sections
Direct links to the current provisions in Director of Public Prosecutions Act 1984.
48
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Director of Public Prosecutions Act 1984 .
s 1 amd 1994 No. 87 s 3 sch 1
sec.2
Section sec.2
s 2 om 1995 No. 58 s 4 sch 1
sec.3
Section sec.3
s 3 om 1990 No. 82 s 4
sec.4
Definitions
sec.4 Definitions
In this Act—
Australian lawyer see the Legal Profession Act 2007 , schedule 2 .
s 4 def Australian lawyer ins 2004 No. 11 s 596 sch 1
amd 2007 No. 24 s 770 sch 1
criminal proceedings means—
proceedings on indictment for an offence defined in the Criminal Code ; and
other proceedings on indictment; and
proceedings in the Supreme Court commenced by a person charged with an indictable offence in connection with the offence before the presentation of an indictment that charges the commission of the offence.
director means the Director of Public Prosecutions appointed under this Act.
s 4 def director amd 1994 No. 87 s 3 sch 1
Director-General ...
s 4 def Director-General ins 1990 No. 80 s 3 sch 1
om 1 January 1991 RA s 39
lawyer means an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State.
s 4 def lawyer ins 2004 No. 11 s 596 sch 1
amd 2007 No. 24 s 770 sch 1
Minister ...
s 4 def Minister sub 1990 No. 80 s 3 sch 1
om 1 January 1991 RA s 39
Public Service Board ...
s 4 def Public Service Board om 1988 No. 52 s 44 sch 3
Under Secretary ...
s 4 def Under Secretary amd 1988 No. 52 s 44 sch 3
om 1990 No. 80 s 3 sch 1
s 4 amd 1995 No. 58 s 4 sch 1
(a) proceedings on indictment for an offence defined in the Criminal Code ; and
(b) other proceedings on indictment; and
(c) proceedings in the Supreme Court commenced by a person charged with an indictable offence in connection with the offence before the presentation of an indictment that charges the commission of the offence.
pt.2
Office of Director of Public Prosecutions
Office of Director of Public Prosecutions
pt.2-div.1
Director of Public Prosecutions and Office
Director of Public Prosecutions and Office
sec.4A
The Director of Public Prosecutions and Office
sec.4A The Director of Public Prosecutions and Office
There is to be a Director of Public Prosecutions.
An office called the Office of the Director of Public Prosecutions is established.
s 4A ins 1994 No. 87 s 3 sch 1
(sec.4A-ssec.1) There is to be a Director of Public Prosecutions.
(sec.4A-ssec.2) An office called the Office of the Director of Public Prosecutions is established.
pt.2-div.1A
Provisions about director of public prosecutions
Provisions about director of public prosecutions
sec.5
Appointment of director
sec.5 Appointment of director
The Governor in Council may appoint a person to be the director of public prosecutions.
The person must be an Australian lawyer who has been admitted to practise for not less than 10 years.
The director—
shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and
shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and
shall be eligible for reappointment upon the expiration of the director’s term of appointment.
The director is to be appointed under this Act, and not under the Public Sector Act 2022 .
s 5 amd 1988 No. 52 s 44 sch 3 ; 1994 No. 87 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.5-ssec.1) The Governor in Council may appoint a person to be the director of public prosecutions.
(sec.5-ssec.1A) The person must be an Australian lawyer who has been admitted to practise for not less than 10 years.
(sec.5-ssec.2) The director— shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and shall be eligible for reappointment upon the expiration of the director’s term of appointment.
(sec.5-ssec.3) The director is to be appointed under this Act, and not under the Public Sector Act 2022 .
(a) shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and
(b) shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and
(c) shall be eligible for reappointment upon the expiration of the director’s term of appointment.
sec.6
Termination of director’s appointment
sec.6 Termination of director’s appointment
The director may resign office by writing signed by the director and delivered to the Minister.
The Governor in Council may terminate the appointment of the director for misbehaviour or physical or mental incapacity.
The Governor in Council shall terminate the appointment of the director if—
the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or
the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or
the director contravenes section 7 .
Termination of the appointment of director shall be by way of notification in writing signed by the Minister and given to the director personally or by post.
s 6 amd 1985 No. 25 s 5
(sec.6-ssec.1) The director may resign office by writing signed by the director and delivered to the Minister.
(sec.6-ssec.2) The Governor in Council may terminate the appointment of the director for misbehaviour or physical or mental incapacity.
(sec.6-ssec.3) The Governor in Council shall terminate the appointment of the director if— the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or the director contravenes section 7 .
(sec.6-ssec.4) Termination of the appointment of director shall be by way of notification in writing signed by the Minister and given to the director personally or by post.
(a) the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or
(b) the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or
(c) the director contravenes section 7 .
sec.7
Other employment curtailed
sec.7 Other employment curtailed
The director shall not, without the consent of the Minister—
engage in the practice of the director’s profession except in the exercise of the functions of the director’s office; or
engage in paid employment outside the duties of the director’s office.
(a) engage in the practice of the director’s profession except in the exercise of the functions of the director’s office; or
(b) engage in paid employment outside the duties of the director’s office.
sec.8
Section sec.8
s 8 om 2004 No. 11 s 596 sch 1
sec.9
Section sec.9
s 9 om 1994 No. 87 s 3 sch 1
sec.10
Functions of director
sec.10 Functions of director
The director—
shall prepare, institute and conduct on behalf of and in the name of Her Majesty—
criminal proceedings; and
proceedings in the Court of Appeal; and
proceedings in the High Court of Australia that arise out of criminal proceedings; and
shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and
shall, upon the direction of the Minister or of the director’s own motion—
prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and
take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and
shall perform such duties as the director may be charged with by or under this Act or any other Act; and
shall perform such duties of a legal nature as the Minister may direct.
If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct—
criminal proceedings for the offences; and
proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.
In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings.
In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice.
s 10 amd 1994 No. 87 s 3 sch 1 ; 2003 No. 13 s 106 sch 1 ; 2003 No. 55 s 50 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 214 sch
(sec.10-ssec.1) The director— shall prepare, institute and conduct on behalf of and in the name of Her Majesty— criminal proceedings; and proceedings in the Court of Appeal; and proceedings in the High Court of Australia that arise out of criminal proceedings; and shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and shall, upon the direction of the Minister or of the director’s own motion— prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and shall perform such duties as the director may be charged with by or under this Act or any other Act; and shall perform such duties of a legal nature as the Minister may direct.
(sec.10-ssec.2) If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct— criminal proceedings for the offences; and proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.
(sec.10-ssec.3) In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings.
(sec.10-ssec.4) In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice.
(a) shall prepare, institute and conduct on behalf of and in the name of Her Majesty— (i) criminal proceedings; and (ii) proceedings in the Court of Appeal; and (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and
(i) criminal proceedings; and
(ii) proceedings in the Court of Appeal; and
(iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and
(b) shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and
(c) shall, upon the direction of the Minister or of the director’s own motion— (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
(i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and
(ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
(d) shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and
(e) shall perform such duties as the director may be charged with by or under this Act or any other Act; and
(f) shall perform such duties of a legal nature as the Minister may direct.
(i) criminal proceedings; and
(ii) proceedings in the Court of Appeal; and
(iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and
(i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and
(ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
(a) criminal proceedings for the offences; and
(b) proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.
sec.10A
Guidelines by Attorney-General
sec.10A Guidelines by Attorney-General
For exercising the director’s functions under the Criminal Proceeds Confiscation Act 2002 , the director is subject to any guidelines the Attorney-General issues in relation to the examination of a person under an examination order under that Act.
A guideline may not be furnished in relation to a particular case.
The Attorney-General must gazette the guidelines as soon as practicable after issuing them.
Also, the Attorney-General must table a copy of the guidelines in the Legislative Assembly within 14 sitting days after the guidelines are gazetted.
s 10A ins 2002 No. 68 s 312
(sec.10A-ssec.1) For exercising the director’s functions under the Criminal Proceeds Confiscation Act 2002 , the director is subject to any guidelines the Attorney-General issues in relation to the examination of a person under an examination order under that Act.
(sec.10A-ssec.2) A guideline may not be furnished in relation to a particular case.
(sec.10A-ssec.3) The Attorney-General must gazette the guidelines as soon as practicable after issuing them.
(sec.10A-ssec.4) Also, the Attorney-General must table a copy of the guidelines in the Legislative Assembly within 14 sitting days after the guidelines are gazetted.
sec.11
Powers of director
sec.11 Powers of director
The director may, from time to time, do any of the following—
furnish guidelines in writing to—
crown prosecutors and other persons acting on the director’s behalf; or
the commissioner of the police service; or
any other person;
with respect to prosecutions in respect of offences;
give directions to the commissioner of the police service and other persons with respect to the offences or classes of offences that are to be referred to the director for the institution and conduct of proceedings;
give guidelines to a person to whom section 24A (1) applies stating that specified information is confidential information for the purposes of section 24A .
The power conferred by subsection (1) (a) does not authorise the director to furnish guidelines of a description referred to therein in relation to a particular case.
The director—
shall give to the Minister a copy of each guideline or direction furnished or given by the director under subsection (1) ; and
shall include in a report furnished under section 16 —
a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and
a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.
A guideline furnished under subsection (1) shall not prevent or hinder the discharge of any function or the exercise of any power by a crown prosecutor pursuant to the Criminal Code .
s 11 amd 1997 No. 82 s 27
(sec.11-ssec.1) The director may, from time to time, do any of the following— furnish guidelines in writing to— crown prosecutors and other persons acting on the director’s behalf; or the commissioner of the police service; or any other person; with respect to prosecutions in respect of offences; give directions to the commissioner of the police service and other persons with respect to the offences or classes of offences that are to be referred to the director for the institution and conduct of proceedings; give guidelines to a person to whom section 24A (1) applies stating that specified information is confidential information for the purposes of section 24A .
(sec.11-ssec.1A) The power conferred by subsection (1) (a) does not authorise the director to furnish guidelines of a description referred to therein in relation to a particular case.
(sec.11-ssec.2) The director— shall give to the Minister a copy of each guideline or direction furnished or given by the director under subsection (1) ; and shall include in a report furnished under section 16 — a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.
(sec.11-ssec.3) A guideline furnished under subsection (1) shall not prevent or hinder the discharge of any function or the exercise of any power by a crown prosecutor pursuant to the Criminal Code .
(a) furnish guidelines in writing to— (i) crown prosecutors and other persons acting on the director’s behalf; or (ii) the commissioner of the police service; or (iii) any other person;
(i) crown prosecutors and other persons acting on the director’s behalf; or
(ii) the commissioner of the police service; or
(iii) any other person;
(i) crown prosecutors and other persons acting on the director’s behalf; or
(ii) the commissioner of the police service; or
(iii) any other person;
(b) give directions to the commissioner of the police service and other persons with respect to the offences or classes of offences that are to be referred to the director for the institution and conduct of proceedings;
(c) give guidelines to a person to whom section 24A (1) applies stating that specified information is confidential information for the purposes of section 24A .
(a) shall give to the Minister a copy of each guideline or direction furnished or given by the director under subsection (1) ; and
(b) shall include in a report furnished under section 16 — (i) a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and (ii) a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.
(i) a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and
(ii) a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.
(i) a copy of each guideline or direction furnished or given by the director under subsection (1) during the period to which the report relates; and
(ii) a copy of each guideline or direction furnished or given by the director under subsection (1) as in force at the end of the period to which the report relates.
sec.12
Referral of charge to director
sec.12 Referral of charge to director
Where a person has been charged with an offence and—
the offence is one in respect of which a direction has been given under section 11 (1) ; or
the director directs that the matter be referred to the director; or
the complainant or person bringing the charge considers that the matter should be referred to the director—
the complainant or person bringing the charge shall provide to the director—
a full report of the circumstances of the offence; and
copies of the statements of all witnesses; and
copies of all material documents; and
such other information and material as the director may require.
(a) the offence is one in respect of which a direction has been given under section 11 (1) ; or
(b) the director directs that the matter be referred to the director; or
(c) the complainant or person bringing the charge considers that the matter should be referred to the director—
(d) a full report of the circumstances of the offence; and
(e) copies of the statements of all witnesses; and
(f) copies of all material documents; and
(g) such other information and material as the director may require.
sec.13
Assistance for director
sec.13 Assistance for director
This section applies if, in relation to a criminal proceeding under consideration or conducted by the director, a matter arises that requires further investigation.
For conducting the investigation, the director may ask—
the commissioner of the police service for the assistance of a police officer; or
the chief executive of the department in which the Animal Care and Protection Act 2001 is administered for the assistance of a person who is appointed as an inspector under that Act, section 114 ; or
the chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.
A request under subsection (2) must be in writing.
A person of whom a request is made under subsection (2) must, as far as possible, comply with the request.
s 13 sub 2014 No. 39 s 45
amd 2018 No. 29 s 62
(sec.13-ssec.1) This section applies if, in relation to a criminal proceeding under consideration or conducted by the director, a matter arises that requires further investigation.
(sec.13-ssec.2) For conducting the investigation, the director may ask— the commissioner of the police service for the assistance of a police officer; or the chief executive of the department in which the Animal Care and Protection Act 2001 is administered for the assistance of a person who is appointed as an inspector under that Act, section 114 ; or the chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.
(sec.13-ssec.3) A request under subsection (2) must be in writing.
(sec.13-ssec.4) A person of whom a request is made under subsection (2) must, as far as possible, comply with the request.
(a) the commissioner of the police service for the assistance of a police officer; or
(b) the chief executive of the department in which the Animal Care and Protection Act 2001 is administered for the assistance of a person who is appointed as an inspector under that Act, section 114 ; or
(c) the chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.
sec.14
Section sec.14
s 14 om 1994 No. 87 s 3 sch 1
sec.15
Judicial notice of director’s signature
sec.15 Judicial notice of director’s signature
All courts, judges and persons acting judicially shall take judicial notice of—
the signature of any person who is or has been the director of public prosecutions or an acting director of public prosecutions on any document; and
the fact that that person is or was the director of public prosecutions or the acting director of public prosecutions, as the case may be.
s 15 amd 1994 No. 87 s 3 sch 1
(a) the signature of any person who is or has been the director of public prosecutions or an acting director of public prosecutions on any document; and
(b) the fact that that person is or was the director of public prosecutions or the acting director of public prosecutions, as the case may be.
sec.16
Annual report of director
sec.16 Annual report of director
As soon as practicable after the end of each financial year, but not later than 31 October, the director must give to the Minister a report of the operations of the Office of the Director of Public Prosecutions during the year.
The Minister shall cause every report furnished to the Minister under subsection (1) to be laid before the Legislative Assembly within 14 sitting days after the Minister receives the report.
s 16 amd 1994 No. 87 s 3 sch 1
(2)–(3) exp 1 November 1995 (see s 16(3))
(sec.16-ssec.1) As soon as practicable after the end of each financial year, but not later than 31 October, the director must give to the Minister a report of the operations of the Office of the Director of Public Prosecutions during the year.
(sec.16-ssec.4) The Minister shall cause every report furnished to the Minister under subsection (1) to be laid before the Legislative Assembly within 14 sitting days after the Minister receives the report.
pt.2-div.2
Deputy directors of prosecutions
Deputy directors of prosecutions
sec.17
Appointment of deputy directors of public prosecutions
sec.17 Appointment of deputy directors of public prosecutions
The Governor in Council may appoint a person who is an Australian lawyer to be a deputy director of public prosecutions.
s 17 sub 1994 No. 87 s 3 sch 1
amd 2004 No. 11 s 596 sch 1
sec.18
Section sec.18
s 18 om 1990 No. 82 s 5
sec.19
Conditions of appointment
sec.19 Conditions of appointment
A deputy director—
shall, subject to subsection (2) , be appointed for such term, not exceeding 5 years, as the Governor in Council determines and specifies in the instrument of appointment; and
shall, subject to subsection (2) , be paid salary and allowances at such rate and be employed upon such conditions, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, from time to time determines; and
shall be eligible for reappointment upon the expiration of the deputy director’s term of appointment or reappointment.
The deputy director is to be appointed under this Act, and not under the Public Sector Act 2022 .
In the exercise of the powers and authorities of the Governor in Council referred to in subsection (1) it shall not be mandatory that all appointments or reappointments to the office of deputy director should be for the same term or upon the same conditions as to salary or allowances.
s 19 amd 1988 No. 52 s 44 sch 3 ; 1990 No. 82 s 8 sch ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.19-ssec.1) A deputy director— shall, subject to subsection (2) , be appointed for such term, not exceeding 5 years, as the Governor in Council determines and specifies in the instrument of appointment; and shall, subject to subsection (2) , be paid salary and allowances at such rate and be employed upon such conditions, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, from time to time determines; and shall be eligible for reappointment upon the expiration of the deputy director’s term of appointment or reappointment.
(sec.19-ssec.2) The deputy director is to be appointed under this Act, and not under the Public Sector Act 2022 .
(sec.19-ssec.3) In the exercise of the powers and authorities of the Governor in Council referred to in subsection (1) it shall not be mandatory that all appointments or reappointments to the office of deputy director should be for the same term or upon the same conditions as to salary or allowances.
(a) shall, subject to subsection (2) , be appointed for such term, not exceeding 5 years, as the Governor in Council determines and specifies in the instrument of appointment; and
(b) shall, subject to subsection (2) , be paid salary and allowances at such rate and be employed upon such conditions, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, from time to time determines; and
(c) shall be eligible for reappointment upon the expiration of the deputy director’s term of appointment or reappointment.
sec.20
Termination of appointments
sec.20 Termination of appointments
A deputy director may resign office by writing signed by the deputy director and given to the Minister.
A person’s appointment as deputy director shall terminate upon the taking effect of the person’s appointment to any position in which the person is subject to the Public Sector Act 2022 .
s 20 amd 1990 No. 82 s 8 sch ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.20-ssec.1) A deputy director may resign office by writing signed by the deputy director and given to the Minister.
(sec.20-ssec.2) A person’s appointment as deputy director shall terminate upon the taking effect of the person’s appointment to any position in which the person is subject to the Public Sector Act 2022 .
sec.21
Suspension and removal from office
sec.21 Suspension and removal from office
A deputy director is liable to be suspended without payment of salary or allowances (if any) or removed from office, in accordance with this Act, if the deputy director commits a breach of the conditions upon which the deputy director is for the time being employed in that office.
The Minister may, by notice signed by the Minister and given to the person to whose suspension it relates, suspend without payment of salary or allowances (if any) from office any deputy director who is liable thereto under subsection (1) .
Where the Minister has given a notice of suspension under subsection (2) the Minister shall, within 14 days after the giving of the notice—
furnish to the Governor in Council notification of the suspension and a statement setting out clearly and fully the grounds for the suspension; and
cause a copy of the statement referred to in paragraph (a) to be given to the person who has been suspended from office and invite that person to show cause in writing to the Minister (in accordance with subsection (4) ) why the person should not be removed from office or otherwise dealt with in accordance with section 22 .
The person suspended from office is entitled to show cause as referred to in subsection (3) within 14 days after the person has received the copy statement referred to in that subsection or within such longer period as the Minister may allow in a particular case.
s 21 amd 1985 No. 25 s 6 ; 1986 No. 9 s 3 ; 1990 No. 82 s 8 sch
(sec.21-ssec.1) A deputy director is liable to be suspended without payment of salary or allowances (if any) or removed from office, in accordance with this Act, if the deputy director commits a breach of the conditions upon which the deputy director is for the time being employed in that office.
(sec.21-ssec.2) The Minister may, by notice signed by the Minister and given to the person to whose suspension it relates, suspend without payment of salary or allowances (if any) from office any deputy director who is liable thereto under subsection (1) .
(sec.21-ssec.3) Where the Minister has given a notice of suspension under subsection (2) the Minister shall, within 14 days after the giving of the notice— furnish to the Governor in Council notification of the suspension and a statement setting out clearly and fully the grounds for the suspension; and cause a copy of the statement referred to in paragraph (a) to be given to the person who has been suspended from office and invite that person to show cause in writing to the Minister (in accordance with subsection (4) ) why the person should not be removed from office or otherwise dealt with in accordance with section 22 .
(sec.21-ssec.4) The person suspended from office is entitled to show cause as referred to in subsection (3) within 14 days after the person has received the copy statement referred to in that subsection or within such longer period as the Minister may allow in a particular case.
(a) furnish to the Governor in Council notification of the suspension and a statement setting out clearly and fully the grounds for the suspension; and
(b) cause a copy of the statement referred to in paragraph (a) to be given to the person who has been suspended from office and invite that person to show cause in writing to the Minister (in accordance with subsection (4) ) why the person should not be removed from office or otherwise dealt with in accordance with section 22 .
sec.22
Authority of Governor in Council to remove etc.
sec.22 Authority of Governor in Council to remove etc.
If, having regard to the statement of grounds furnished to the Governor in Council in accordance with section 21 (3) (a) and the cause (if any) shown in accordance with section 21 (4) , the Governor in Council is satisfied—
that all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or
that all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or
that none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter;
the Governor in Council shall—
in the case referred to in paragraph (a) —direct that the person concerned be removed from the office of deputy director;
in the case referred to in paragraph (b) —direct that the suspension in question be terminated and further direct—
that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or
that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or
that the person concerned be reprimanded or cautioned;
in the case referred to in paragraph (c) —direct that the suspension in question be terminated.
A direction given by the Governor in Council under subsection (1) shall be given effect as soon as is practicable and in accordance with law and the Minister shall take or cause to be taken all such steps as are appropriate for that purpose.
Where a suspension of a person from the office of deputy director has been terminated, otherwise than by the person being removed from the office—
the continuity of the person’s service in that office shall be taken to have not been broken by reason of the suspension; and
subject to giving effect to any direction of the Governor in Council that affects the person’s salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.
Removal from the office of deputy director under this section shall be by way of notification in writing signed by the Minister and given to the office holder in question personally or by post.
s 22 amd 1986 No. 9 s 4 ; 1990 No. 82 s 8 sch
(sec.22-ssec.1) If, having regard to the statement of grounds furnished to the Governor in Council in accordance with section 21 (3) (a) and the cause (if any) shown in accordance with section 21 (4) , the Governor in Council is satisfied— that all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or that all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or that none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter; the Governor in Council shall— in the case referred to in paragraph (a) —direct that the person concerned be removed from the office of deputy director; in the case referred to in paragraph (b) —direct that the suspension in question be terminated and further direct— that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or that the person concerned be reprimanded or cautioned; in the case referred to in paragraph (c) —direct that the suspension in question be terminated.
(sec.22-ssec.2) A direction given by the Governor in Council under subsection (1) shall be given effect as soon as is practicable and in accordance with law and the Minister shall take or cause to be taken all such steps as are appropriate for that purpose.
(sec.22-ssec.3) Where a suspension of a person from the office of deputy director has been terminated, otherwise than by the person being removed from the office— the continuity of the person’s service in that office shall be taken to have not been broken by reason of the suspension; and subject to giving effect to any direction of the Governor in Council that affects the person’s salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.
(sec.22-ssec.4) Removal from the office of deputy director under this section shall be by way of notification in writing signed by the Minister and given to the office holder in question personally or by post.
(a) that all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or
(b) that all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or
(c) that none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter;
(d) in the case referred to in paragraph (a) —direct that the person concerned be removed from the office of deputy director;
(e) in the case referred to in paragraph (b) —direct that the suspension in question be terminated and further direct— (i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or (ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or (iii) that the person concerned be reprimanded or cautioned;
(i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or
(ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or
(iii) that the person concerned be reprimanded or cautioned;
(f) in the case referred to in paragraph (c) —direct that the suspension in question be terminated.
(i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or
(ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person’s salary or in such other way as that person nominates; or
(iii) that the person concerned be reprimanded or cautioned;
(a) the continuity of the person’s service in that office shall be taken to have not been broken by reason of the suspension; and
(b) subject to giving effect to any direction of the Governor in Council that affects the person’s salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.
pt.2-div.3
Crown prosecutors and other officers assisting director
Crown prosecutors and other officers assisting director
sec.23
Appointment of officers
sec.23 Appointment of officers
The following officers may be appointed to assist the director in the discharge of the director’s functions—
so many Australian lawyers as necessary to be crown prosecutors;
so many other officers as necessary.
An officer appointed for a purpose referred to in subsection (1) is to be appointed under the Public Sector Act 2022 .
s 23 sub 1990 No. 82 s 6
amd 1996 No. 37 s 147 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.23-ssec.1) The following officers may be appointed to assist the director in the discharge of the director’s functions— so many Australian lawyers as necessary to be crown prosecutors; so many other officers as necessary.
(sec.23-ssec.2) An officer appointed for a purpose referred to in subsection (1) is to be appointed under the Public Sector Act 2022 .
(a) so many Australian lawyers as necessary to be crown prosecutors;
(b) so many other officers as necessary.
pt.3
Miscellaneous
Miscellaneous
sec.23A
Delegation by director
sec.23A Delegation by director
The director may delegate the director’s functions and powers under this Act or another Act to an appropriately qualified person.
s 23A ins 2017 No. 6 s 25
sec.24
Appointees to offices authorised to present indictments
sec.24 Appointees to offices authorised to present indictments
A person appointed to the office of director, deputy director or crown prosecutor shall be taken to be, by virtue of that appointment and for so long as the person holds that office, an officer appointed by the Governor in Council to present indictments in any court of criminal jurisdiction.
sec.24A
Prohibition on disclosure of information
sec.24A Prohibition on disclosure of information
A person who is or was employed for the purposes of this Act must not disclose confidential information that came to the person’s knowledge because of the employment.
Maximum penalty—100 penalty units.
Subsection (1) applies to information that came to the person’s knowledge directly or incidentally because of the employment or because of an opportunity given by the employment.
However, subsection (1) does not apply to a disclosure by the person of information—
under this or another Act; or
under a requirement of a court or tribunal.
a witness’ statement disclosed for the purposes of a trial
The offence is committed even if—
the person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or
the information later stops being confidential.
In this section—
confidential information , for a person to whom subsection (1) applies, includes information stated to be confidential information for the purposes of this section under a guideline given to the person under section 11 (1) (c) .
employed includes—
appointed; and
engaged; and
requested to assist under section 13 .
s 24A ins 1997 No. 82 s 28
(sec.24A-ssec.1) A person who is or was employed for the purposes of this Act must not disclose confidential information that came to the person’s knowledge because of the employment. Maximum penalty—100 penalty units.
(sec.24A-ssec.2) Subsection (1) applies to information that came to the person’s knowledge directly or incidentally because of the employment or because of an opportunity given by the employment.
(sec.24A-ssec.3) However, subsection (1) does not apply to a disclosure by the person of information— under this or another Act; or under a requirement of a court or tribunal. a witness’ statement disclosed for the purposes of a trial
(sec.24A-ssec.4) The offence is committed even if— the person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or the information later stops being confidential.
(sec.24A-ssec.5) In this section— confidential information , for a person to whom subsection (1) applies, includes information stated to be confidential information for the purposes of this section under a guideline given to the person under section 11 (1) (c) . employed includes— appointed; and engaged; and requested to assist under section 13 .
(a) under this or another Act; or
(b) under a requirement of a court or tribunal.
(a) the person knew the information before it came to his or her knowledge because of employment for the purposes of this Act; or
(b) the information later stops being confidential.
(a) appointed; and
(b) engaged; and
(c) requested to assist under section 13 .
sec.24B
Criminal history checks
sec.24B Criminal history checks
The director may ask the commissioner of the police service to give the director a written report about the criminal history of a person employed in, or applying for employment in, the Office of the Director of Public Prosecutions.
The commissioner must comply with the request.
Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.
In this section—
criminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 .
s 24B ins 2000 No. 58 s 2 sch
(sec.24B-ssec.1) The director may ask the commissioner of the police service to give the director a written report about the criminal history of a person employed in, or applying for employment in, the Office of the Director of Public Prosecutions.
(sec.24B-ssec.2) The commissioner must comply with the request.
(sec.24B-ssec.3) Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.
(sec.24B-ssec.4) In this section— criminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 .
sec.24C
Disclosures by police officers
sec.24C Disclosures by police officers
This section applies if the director is—
deciding whether to institute a proceeding; or
deciding whether to consent to the institution of a proceeding; or
is conducting a proceeding.
Police officers investigating alleged offences have a duty to disclose to the director all relevant information, documents or other things obtained during the investigation that might tend to help the case for the prosecution or the case for the accused person.
The duty of disclosure under subsection (2) continues until 1 of the following happens—
the director decides the accused person will not be prosecuted for the alleged offence;
the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.
Any police officer has a duty to disclose to the director an exculpatory thing until 1 of the following happens—
the accused person is discharged or acquitted; or
the accused person dies.
In this section—
exculpatory thing , in relation to an accused person, means reliable evidence of a nature to cause a jury to entertain a reasonable doubt as to the guilt of the accused person.
s 24C ins 2003 No. 55 s 51
(sec.24C-ssec.1) This section applies if the director is— deciding whether to institute a proceeding; or deciding whether to consent to the institution of a proceeding; or is conducting a proceeding.
(sec.24C-ssec.2) Police officers investigating alleged offences have a duty to disclose to the director all relevant information, documents or other things obtained during the investigation that might tend to help the case for the prosecution or the case for the accused person.
(sec.24C-ssec.3) The duty of disclosure under subsection (2) continues until 1 of the following happens— the director decides the accused person will not be prosecuted for the alleged offence; the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.
(sec.24C-ssec.4) Any police officer has a duty to disclose to the director an exculpatory thing until 1 of the following happens— the accused person is discharged or acquitted; or the accused person dies.
(sec.24C-ssec.5) In this section— exculpatory thing , in relation to an accused person, means reliable evidence of a nature to cause a jury to entertain a reasonable doubt as to the guilt of the accused person.
(a) deciding whether to institute a proceeding; or
(b) deciding whether to consent to the institution of a proceeding; or
(c) is conducting a proceeding.
(a) the director decides the accused person will not be prosecuted for the alleged offence;
(b) the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.
(a) the accused person is discharged or acquitted; or
(b) the accused person dies.
sec.25
Protection of persons executing Act
sec.25 Protection of persons executing Act
No act or thing done or omission made by the Minister, the director or any person assisting the director for the purpose of giving effect to this Act or discharging, exercising or performing any function, power, authority or duty under this Act shall subject the Crown, the Minister, the director or any person to liability at law in respect thereof.
sec.26
Section sec.26
s 26 om 1995 No. 58 s 4 sch 1
sec.27
Director’s professional involvement no bar
sec.27 Director’s professional involvement no bar
Subject to subsection (2) , the director shall not be prevented from or limited in discharging the director’s functions under this Act by reason that before the director’s appointment to the office of director took effect the director had been involved, in the practice of the director’s profession, in a matter that at the time the director’s appointment took effect had not been finally determined.
The director—
shall not disclose information that came to the director’s knowledge before the director’s appointment to the office of director took effect, in the practice of the director’s profession, concerning a matter that at the time the director’s appointment took effect had not been finally determined to any person except—
the person for whom the director was acting in the matter in the practice of the director’s profession; or
a legal representative of that person; or
a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and
shall not act personally in respect of any matter in which the director had been involved in the practice of the director’s profession before the director’s appointment to the office of director took effect and that had not been finally determined at the time the director’s appointment took effect.
Where the director is by this Act precluded from acting personally in respect of any matter a deputy director shall discharge the functions of the director in respect of that matter.
s 27 amd 2010 No. 42 s 214 sch
(sec.27-ssec.1) Subject to subsection (2) , the director shall not be prevented from or limited in discharging the director’s functions under this Act by reason that before the director’s appointment to the office of director took effect the director had been involved, in the practice of the director’s profession, in a matter that at the time the director’s appointment took effect had not been finally determined.
(sec.27-ssec.2) The director— shall not disclose information that came to the director’s knowledge before the director’s appointment to the office of director took effect, in the practice of the director’s profession, concerning a matter that at the time the director’s appointment took effect had not been finally determined to any person except— the person for whom the director was acting in the matter in the practice of the director’s profession; or a legal representative of that person; or a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and shall not act personally in respect of any matter in which the director had been involved in the practice of the director’s profession before the director’s appointment to the office of director took effect and that had not been finally determined at the time the director’s appointment took effect.
(sec.27-ssec.3) Where the director is by this Act precluded from acting personally in respect of any matter a deputy director shall discharge the functions of the director in respect of that matter.
(a) shall not disclose information that came to the director’s knowledge before the director’s appointment to the office of director took effect, in the practice of the director’s profession, concerning a matter that at the time the director’s appointment took effect had not been finally determined to any person except— (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or (ii) a legal representative of that person; or (iii) a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and
(i) the person for whom the director was acting in the matter in the practice of the director’s profession; or
(ii) a legal representative of that person; or
(iii) a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and
(b) shall not act personally in respect of any matter in which the director had been involved in the practice of the director’s profession before the director’s appointment to the office of director took effect and that had not been finally determined at the time the director’s appointment took effect.
(i) the person for whom the director was acting in the matter in the practice of the director’s profession; or
(ii) a legal representative of that person; or
(iii) a person duly authorised by the person or legal representative referred to in subparagraph (i) or (ii) to receive the information; and
sec.28
Retention of rights as public servant
sec.28 Retention of rights as public servant
Where an officer of the public service is appointed to an office provided for by this Act the officer shall, subject to subsection (2) , retain the officer’s entitlement to rights that have accrued to the officer as such an officer at the time the officer’s appointment takes effect and to other rights including rights in respect of long service leave that would have accrued to the officer had the officer remained such an officer.
The rights to which a person retains the person’s entitlement pursuant to subsection (1) includes the right to apply for and to be appointed to any office within the public service as if the person were then an officer within the public service, if since the person’s first appointment to an office provided for by this Act the person has been in continuous employment in an office that is a prescribed office or in offices each of which is a prescribed office.
A person who applies for an office within the public service pursuant to subsection (1A) shall for that purpose be deemed to have seniority in the public service as if, in respect of any period of continuous service in an office or offices provided for by this Act, the person were employed for that period in the position (with such variation (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held within the public service immediately prior to the commencement of that period of service.
An officer of the public service who is appointed to an office provided for by this Act may, within 6 months after the officer’s appointment takes effect, elect in writing given to the Minister to be paid the cash equivalent of all or part of the officer’s entitlements to annual recreation leave that have accrued to the officer at the time the officer’s appointment takes effect whereupon the officer shall no longer retain the officer’s entitlements to such leave to the extent to which the officer has so elected but—
if the officer does not so elect; or
if the officer so elects in respect of part only of the officer’s entitlements to such leave;
the officer shall exercise the officer’s entitlements to annual recreation leave or, as the case may be, the balance thereof in accordance with the conditions of employment upon which the officer holds the office provided for by this Act.
Where a person who immediately before the person’s appointment to an office provided for by this Act was an officer of the public service again becomes such an officer, if the person has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act, the person’s service in an office provided for by this Act shall be treated as service in a permanent capacity in the public service for the purpose of determining the person’s rights as an officer of the public service and, subject to subsection (4) , the person’s seniority in the public service.
For the purpose of determining the seniority in the public service of a person referred to in subsection (3) , the person shall be deemed to have held during any period of continuous service in an office or offices provided for by this Act the position (with such variations (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held in the public service immediately prior to the commencement of that period of service.
s 28 amd 1986 No. 9 s 5
(sec.28-ssec.1) Where an officer of the public service is appointed to an office provided for by this Act the officer shall, subject to subsection (2) , retain the officer’s entitlement to rights that have accrued to the officer as such an officer at the time the officer’s appointment takes effect and to other rights including rights in respect of long service leave that would have accrued to the officer had the officer remained such an officer.
(sec.28-ssec.1A) The rights to which a person retains the person’s entitlement pursuant to subsection (1) includes the right to apply for and to be appointed to any office within the public service as if the person were then an officer within the public service, if since the person’s first appointment to an office provided for by this Act the person has been in continuous employment in an office that is a prescribed office or in offices each of which is a prescribed office.
(sec.28-ssec.1B) A person who applies for an office within the public service pursuant to subsection (1A) shall for that purpose be deemed to have seniority in the public service as if, in respect of any period of continuous service in an office or offices provided for by this Act, the person were employed for that period in the position (with such variation (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held within the public service immediately prior to the commencement of that period of service.
(sec.28-ssec.2) An officer of the public service who is appointed to an office provided for by this Act may, within 6 months after the officer’s appointment takes effect, elect in writing given to the Minister to be paid the cash equivalent of all or part of the officer’s entitlements to annual recreation leave that have accrued to the officer at the time the officer’s appointment takes effect whereupon the officer shall no longer retain the officer’s entitlements to such leave to the extent to which the officer has so elected but— if the officer does not so elect; or if the officer so elects in respect of part only of the officer’s entitlements to such leave; the officer shall exercise the officer’s entitlements to annual recreation leave or, as the case may be, the balance thereof in accordance with the conditions of employment upon which the officer holds the office provided for by this Act.
(sec.28-ssec.3) Where a person who immediately before the person’s appointment to an office provided for by this Act was an officer of the public service again becomes such an officer, if the person has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act, the person’s service in an office provided for by this Act shall be treated as service in a permanent capacity in the public service for the purpose of determining the person’s rights as an officer of the public service and, subject to subsection (4) , the person’s seniority in the public service.
(sec.28-ssec.4) For the purpose of determining the seniority in the public service of a person referred to in subsection (3) , the person shall be deemed to have held during any period of continuous service in an office or offices provided for by this Act the position (with such variations (if any) in classification or maximum salary as may from time to time be applicable to a similar position) to which the person was permanently appointed and which the person held in the public service immediately prior to the commencement of that period of service.
(a) if the officer does not so elect; or
(b) if the officer so elects in respect of part only of the officer’s entitlements to such leave;
sec.29
Entitlement of certain persons to appointment under Crown
sec.29 Entitlement of certain persons to appointment under Crown
Where in respect of a person who, immediately before the person’s appointment to an office provided for by this Act, was an officer of the public service and who has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act—
the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or
the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office;
then, subject to subsection (2) , if before the termination of the person’s tenure of the office the person has informed the chief executive in writing of the person’s desire to exercise forthwith upon such termination the entitlement conferred by this subsection, or if within 7 days after such termination the person has informed the chief executive in writing of the person’s desire to exercise forthwith the entitlement conferred by this subsection, the person is entitled to be appointed to an office in the employment of or under the Crown with a rate of salary and, if that office is within the public service, a classification that are equivalent to the rate of salary and classification to which, in the opinion of the chief executive, the person would have attained in the ordinary course as an officer of the public service if the person had not been appointed to an office provided for by this Act, and in any case with a rate of salary and, if that office is within the public service, a classification that are at least equivalent to the rate of salary and classification of the office the person held in the public service before the person’s appointment to an office under this Act or, if there be more than 1 such appointment, the person’s last such appointment.
If, at the time when tenure of an office provided for by this Act is terminated in a manner referred to in subsection (1) in respect of a person such as is referred to in that subsection, the person is under suspension from office and the Governor in Council has not decided with respect to the person as is prescribed by section 22 , then notwithstanding that the tenure of office has been terminated the Governor in Council shall proceed as required by that section and—
if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or
if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.
Where a person is appointed as an officer within the public service pursuant to this section, for the purposes of this Act, the person’s continuous employment in a prescribed office or in offices each of which is a prescribed office shall not be taken to be broken by reason only that the person’s employment as an officer of the public service pursuant to an appointment under this section did not commence immediately upon the termination of the person’s tenure of an office provided for by this Act.
s 29 amd 1986 No. 9 s 6 ; 1988 No. 52 s 44 sch 3 ; 1990 No. 80 s 3 sch 1 ; 2010 No. 42 s 214 sch
(sec.29-ssec.1) Where in respect of a person who, immediately before the person’s appointment to an office provided for by this Act, was an officer of the public service and who has been in continuous employment in a prescribed office or in offices each of which is a prescribed office since the person’s first appointment to an office provided for by this Act— the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office; then, subject to subsection (2) , if before the termination of the person’s tenure of the office the person has informed the chief executive in writing of the person’s desire to exercise forthwith upon such termination the entitlement conferred by this subsection, or if within 7 days after such termination the person has informed the chief executive in writing of the person’s desire to exercise forthwith the entitlement conferred by this subsection, the person is entitled to be appointed to an office in the employment of or under the Crown with a rate of salary and, if that office is within the public service, a classification that are equivalent to the rate of salary and classification to which, in the opinion of the chief executive, the person would have attained in the ordinary course as an officer of the public service if the person had not been appointed to an office provided for by this Act, and in any case with a rate of salary and, if that office is within the public service, a classification that are at least equivalent to the rate of salary and classification of the office the person held in the public service before the person’s appointment to an office under this Act or, if there be more than 1 such appointment, the person’s last such appointment.
(sec.29-ssec.2) If, at the time when tenure of an office provided for by this Act is terminated in a manner referred to in subsection (1) in respect of a person such as is referred to in that subsection, the person is under suspension from office and the Governor in Council has not decided with respect to the person as is prescribed by section 22 , then notwithstanding that the tenure of office has been terminated the Governor in Council shall proceed as required by that section and— if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.
(sec.29-ssec.3) Where a person is appointed as an officer within the public service pursuant to this section, for the purposes of this Act, the person’s continuous employment in a prescribed office or in offices each of which is a prescribed office shall not be taken to be broken by reason only that the person’s employment as an officer of the public service pursuant to an appointment under this section did not commence immediately upon the termination of the person’s tenure of an office provided for by this Act.
(a) the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the person’s resignation; or
(b) the person’s tenure of an office provided for by this Act that is held by the person has been terminated by the expiration of the term of the person’s appointment or reappointment to the office;
(a) if the Governor in Council directs that the person ought to have been removed from office—the person shall not have the entitlement prescribed by subsection (1) ; or
(b) if the Governor in Council directs as in the case referred to in section 22 (1) (b) or (c) —the person shall be entitled as prescribed by subsection (1) subject, if the direction is made as in the case referred to in section 22 (1) (b) , to the direction of the Governor in Council, which shall be given effect as if the person had been restored to the office provided for by this Act and previously held by the person.
sec.30
Meaning of expression prescribed office
sec.30 Meaning of expression prescribed office
In sections 28 and 29 —
prescribed office means an office within the application of the Public Sector Act 2022 or an office provided for by this Act.
s 30 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
sec.31
Provisions concerning superannuation
sec.31 Provisions concerning superannuation
A person who immediately before the person’s appointment to an office provided for by this Act was an officer within the meaning of the State Service Superannuation Act 1972 shall, while the person continues in an appointment to an office provided for by this Act, be deemed to be employed by or under the Crown in a permanent capacity for the purposes of that Act and the Public Service Superannuation Act 1958 .
Where—
a person who while the person held an office provided for by this Act was a contributor within the meaning of the State Service Superannuation Act 1972 ; and
the tenure of the office of that person has been terminated by reason of the person’s resignation from the office or the expiration of the term of the person’s appointment or reappointment to the office; and
that person is entitled to be such a contributor by reason that the person has duly exercised the person’s entitlement conferred by section 29 (1) ;
the termination of the person’s tenure of office shall not be taken to be a resignation or dismissal referred to in section 35 of the State Service Superannuation Act 1972 , the person shall not be taken to have ceased to be a contributor for the purposes of the Public Service Superannuation Act 1958 by reason of that termination and the person shall be deemed to have continued to be an officer within the meaning of those Acts at all times since that termination.
s 31 amd 2000 No. 52 s 48 sch
(sec.31-ssec.1) A person who immediately before the person’s appointment to an office provided for by this Act was an officer within the meaning of the State Service Superannuation Act 1972 shall, while the person continues in an appointment to an office provided for by this Act, be deemed to be employed by or under the Crown in a permanent capacity for the purposes of that Act and the Public Service Superannuation Act 1958 .
(sec.31-ssec.2) Where— a person who while the person held an office provided for by this Act was a contributor within the meaning of the State Service Superannuation Act 1972 ; and the tenure of the office of that person has been terminated by reason of the person’s resignation from the office or the expiration of the term of the person’s appointment or reappointment to the office; and that person is entitled to be such a contributor by reason that the person has duly exercised the person’s entitlement conferred by section 29 (1) ; the termination of the person’s tenure of office shall not be taken to be a resignation or dismissal referred to in section 35 of the State Service Superannuation Act 1972 , the person shall not be taken to have ceased to be a contributor for the purposes of the Public Service Superannuation Act 1958 by reason of that termination and the person shall be deemed to have continued to be an officer within the meaning of those Acts at all times since that termination.
(a) a person who while the person held an office provided for by this Act was a contributor within the meaning of the State Service Superannuation Act 1972 ; and
(b) the tenure of the office of that person has been terminated by reason of the person’s resignation from the office or the expiration of the term of the person’s appointment or reappointment to the office; and
(c) that person is entitled to be such a contributor by reason that the person has duly exercised the person’s entitlement conferred by section 29 (1) ;
sec.32
Administrative and financial control
sec.32 Administrative and financial control
The chief executive is to be the chief executive within the meaning of the Public Sector Act 2022 for matters of an administrative nature associated with the discharge of the director’s functions and in respect of officers appointed under section 23 .
For the purposes of the Financial Accountability Act 2009 the chief executive shall be the accountable officer in respect of the discharge of the director’s functions.
The director shall do all such things as the chief executive, in the proper performance of the chief executive’s duties as such accountable officer, may require for the purposes of that Act.
s 32 amd 1990 No. 80 s 3 sch 1 ; 1990 No. 82 s 7 ; 1996 No. 37 s 147 sch 2 ; 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.32-ssec.1) The chief executive is to be the chief executive within the meaning of the Public Sector Act 2022 for matters of an administrative nature associated with the discharge of the director’s functions and in respect of officers appointed under section 23 .
(sec.32-ssec.2) For the purposes of the Financial Accountability Act 2009 the chief executive shall be the accountable officer in respect of the discharge of the director’s functions.
(sec.32-ssec.3) The director shall do all such things as the chief executive, in the proper performance of the chief executive’s duties as such accountable officer, may require for the purposes of that Act.
sec.33
Regulation-making power
sec.33 Regulation-making power
The Governor in Council may make regulations under this Act.
s 33 sub 1995 No. 58 s 4 sch 1
sec.34
Director of prosecutions references etc.
sec.34 Director of prosecutions references etc.
A reference in an Act or document to the office or holder of the office of—
director of prosecutions is taken to be a reference to the office or holder of the office of director of public prosecutions; and
acting director of prosecutions is taken to be a reference to the acting director of public prosecutions; and
deputy director of prosecutions is taken to be a reference to the office or holder of the office of deputy director of public prosecutions.
s 34 prev s 34 amd 1985 No. 25 s 7
pres s 34 ins 1994 No. 87 s 3 sch 1
amd 1995 No. 58 s 4 sch 1
(a) director of prosecutions is taken to be a reference to the office or holder of the office of director of public prosecutions; and
(b) acting director of prosecutions is taken to be a reference to the acting director of public prosecutions; and
(c) deputy director of prosecutions is taken to be a reference to the office or holder of the office of deputy director of public prosecutions.
sec.35
Director of Prosecutions Act 1984 references
sec.35 Director of Prosecutions Act 1984 references
In an Act or document, a reference to the Director of Prosecutions Act 1984 is a reference to this Act.
s 35 ins 1995 No. 58 s 4 sch 1
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Director of Public Prosecutions Act 1984 .
s 1 amd 1994 No. 87 s 3 sch 1
Section sec.2
s 2 om 1995 No. 58 s 4 sch 1
Section sec.3
s 3 om 1990 No. 82 s 4
sec.4 Definitions
sec.4 Definitions
In this Act—
Australian lawyer see the Legal Profession Act 2007 , schedule 2 .
s 4 def Australian lawyer ins 2004 No. 11 s 596 sch 1
amd 2007 No. 24 s 770 sch 1
criminal proceedings means—
proceedings on indictment for an offence defined in the Criminal Code ; and
other proceedings on indictment; and
proceedings in the Supreme Court commenced by a person charged with an indictable offence in connection with the offence before the presentation of an indictment that charges the commission of the offence.
director means the Director of Public Prosecutions appointed under this Act.
s 4 def director amd 1994 No. 87 s 3 sch 1
Director-General ...
s 4 def Director-General ins 1990 No. 80 s 3 sch 1
om 1 January 1991 RA s 39
lawyer means an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State.
s 4 def lawyer ins 2004 No. 11 s 596 sch 1
amd 2007 No. 24 s 770 sch 1
Minister ...
s 4 def Minister sub 1990 No. 80 s 3 sch 1
om 1 January 1991 RA s 39
Public Service Board ...
s 4 def Public Service Board om 1988 No. 52 s 44 sch 3
Under Secretary ...
s 4 def Under Secretary amd 1988 No. 52 s 44 sch 3
om 1990 No. 80 s 3 sch 1
s 4 amd 1995 No. 58 s 4 sch 1
(a) proceedings on indictment for an offence defined in the Criminal Code ; and
(b) other proceedings on indictment; and
(c) proceedings in the Supreme Court commenced by a person charged with an indictable offence in connection with the offence before the presentation of an indictment that charges the commission of the offence.
pt.2 Office of Director of Public Prosecutions
Office of Director of Public Prosecutions
pt.2-div.1 Director of Public Prosecutions and Office
Director of Public Prosecutions and Office
sec.4A The Director of Public Prosecutions and Office
sec.4A The Director of Public Prosecutions and Office
There is to be a Director of Public Prosecutions.
An office called the Office of the Director of Public Prosecutions is established.
s 4A ins 1994 No. 87 s 3 sch 1
(sec.4A-ssec.1) There is to be a Director of Public Prosecutions.
(sec.4A-ssec.2) An office called the Office of the Director of Public Prosecutions is established.
The Act imposes specific duties on police to disclose prosecution-relevant and exculpatory material to the Director while the Director is deciding or conducting proceedings (s 24C(1)-(4)). The Act creates a confidentiality offence for persons employed for the purposes of the Act who disclose confidential information obtained through that employment, carrying a maximum penalty of 100 penalty units (s 24A(1)). The Act provides protections for persons acting under it against legal liability for acts done in good faith to give effect to the Act (s 25). Finally, the Act prescribes reporting obligations, including an annual report to the Minister by 31 October which the Minister must lay before the Legislative Assembly (s 16).
The Act therefore creates both a prosecutorial agency in institutional terms and a framework of administrative controls, duties on investigative agencies, confidentiality protections and employment arrangements. The statutory design separates operational prosecutorial authority (s 10(3)) from administrative accountability to the chief executive (s 32), and reserves appointment and removal powers to the Governor in Council with Ministerial involvement (s 5; s 6; s 21-22).
Main concepts
The Act uses recurring structural concepts that define roles, powers and limits. Key definitional and conceptual anchors in the text are criminal proceedings, the Director of Public Prosecutions, Australian lawyer, the Office, and confidential information.
Criminal proceedings is defined broadly to include proceedings on indictment for offences defined in the Criminal Code, other proceedings on indictment, and Supreme Court proceedings commenced by an accused person before presentation of an indictment related to the offence (definition in s 4). This definition sets the scope of the Director’s prosecutorial work in s 10 where the Director prepares, institutes and conducts criminal proceedings on behalf of Her Majesty.
Director and Office: The Act creates the statutory office (s 4A). The text treats the Director as an officer with powers and duties defined in the Act, to be appointed by the Governor in Council (s 5) and subject to specified tenure, salary and reappointment arrangements (s 5(2)). The Director is not appointed under the Public Sector Act 2022 (s 5(3)), a concept that creates a distinct employment category and associated tenure and removal procedures (s 6).
Australian lawyer and lawyer: The Act requires the Director and deputies to be Australian lawyers (s 5(1A); s 17). The definition of lawyer in s 4 ties the term to the Legal Profession Act 2007 regime and to the ability to engage in legal practice in this State (s 4 definition as amended).
Delegation, guidelines and directions: The Director may delegate functions to appropriately qualified persons (s 23A). The Director can furnish guidelines to personnel acting for the Director, the police commissioner and others about prosecutions, and give directions to the police commissioner and other persons as to which offences should be referred to the Director (s 11). The Directive by the Attorney-General for specific functions under the Criminal Proceeds Confiscation Act 2002 is a parallel constraint, specifically for examination orders, and must be published and tabled (s 10A).
Confidential information: The Act makes confidential information encountered in employment under this Act subject to a non-disclosure rule with a criminal penalty (s 24A). The prohibition applies to information learned directly or incidentally because of the employment and continues to apply even if the person already knew the information or the information ceases to be confidential (s 24A(2), (4)).
Police disclosure duties and assistance requests: The Act imposes proactive disclosure duties on police investigating alleged offences to provide the Director all relevant material that might assist the prosecution or the accused while the Director is deciding or conducting proceedings (s 24C). Separately, the Director may in writing request assistance from the police commissioner, or specified chief executives, to obtain investigative assistance such as inspectors or commission officers, and those persons must, as far as possible, comply (s 13).
Administrative accountability: The chief executive named under the Public Sector Act 2022 is given administrative and financial control over matters associated with the Director’s functions, and is the accountable officer for Financial Accountability Act 2009 purposes; the Director must comply with the chief executive’s requirements for that purpose (s 32).
These concepts collectively define an institutional prosecutorial agency with operational independence in criminal case selection and conduct, statutory reporting and guideline obligations, interaction rules with investigative agencies, and employment and confidentiality constraints for those who work within the Office.
Who it affects
The Act identifies a set of named actors and classes of people whose rights, duties or employment status are directly regulated.
The Director of Public Prosecutions. The Director is the primary subject of the Act. Appointment, eligibility (Australian lawyer admitted for at least ten years, s 5(1A)), term, salary and reappointment rules (s 5(2)), resignation (s 6(1)), restrictions on outside practice and employment without Ministerial consent (s 7) and the Director’s functions and powers (s 10-11) are set out in the Act.
Deputy directors of public prosecutions. The Governor in Council may appoint deputies who must be Australian lawyers (s 17). The Act prescribes terms not exceeding five years, salary and reappointment (s 19), resignation (s 20(1)), and detailed suspension and removal procedures involving the Minister and the Governor in Council (s 21-22).
Crown prosecutors and other officers assisting the Director. The Act allows appointment of so many Australian lawyers as crown prosecutors and other officers as necessary (s 23(1)). Those assistants are appointed under the Public Sector Act 2022 (s 23(2)), which has implications for their employment terms and administrative frameworks (s 23).
Police and investigative agencies. The commissioner of the police service is a recipient of directives from the Director as to which offences or classes of offences are to be referred to the Director (s 11(1)(b)). Police investigators have statutory duties to disclose prosecution-relevant and exculpatory material to the Director during the decision-making and conduct phases (s 24C). The Director may request the commissioner’s assistance for investigative support (s 13(2)(a)), and the commissioner must comply with requests for criminal history reports for Office staff (s 24B).
Minister and Attorney-General. The Minister is the recipient of the Director’s guidelines and directions (s 11(2)), receives the Director’s annual report which must be laid before the Legislative Assembly (s 16(1)-(2)), and may direct the Director to assist coronial inquiries and other duties (s 10(1)(d), (f)). The Attorney-General is empowered to issue binding guidelines to the Director for work under the Criminal Proceeds Confiscation Act 2002 with specific procedural constraints such as gazettal and tabling (s 10A).
Chief executive and the Public Sector apparatus. The chief executive under the Public Sector Act 2022 is given administrative responsibility for matters of an administrative nature associated with the Director’s functions and for the officers appointed under s 23; the chief executive is the accountable officer for Financial Accountability Act 2009 purposes and may require the Director to do things for accountable officer purposes (s 32).
Persons employed for the purposes of this Act. Current and former employees and appointees engaged for the purposes of the Act are subject to the confidentiality prohibition (s 24A). They are also within the scope of criminal history checks by the Director (s 24B).
Complainants, persons bringing charges and the courts. When a person bringing a charge requests referral to the Director, the complainant or person bringing the charge must provide a full report and copies of witness statements and documents as the Director requires (s 12). Courts and judicial officers are directed to take judicial notice of the Director’s signature and office-holding on documents (s 15).
Persons affected by removal and superannuation provisions. The Act contains transitional and employment protections touching on public servants appointed to offices under this Act, including rights retained, entitlements, and the interaction with state superannuation schemes (s 28-31). Persons who held prior public service offices and move into or out of these offices are specifically addressed by sections 28 and 29.
The Act therefore directly affects prosecutorial decision-makers, their deputies and staff, policing and investigative agencies required to assist and disclose, the Attorney-General and Minister in their oversight capacities, and public servants whose employment and entitlement status interacts with the Office.
Key duties and rights
This section summarises statutory duties imposed and rights created or preserved by the Act, with references to the relevant provisions.
Duties and functions placed on the Director and Office
Prosecutorial duties. The Director must prepare, institute and conduct criminal proceedings on behalf of and in the name of Her Majesty, and related appeals and High Court work that arise out of criminal proceedings (s 10(1)(a)-(c)). The Director also handles appeals against justices’ convictions or penalties on behalf of the Crown or a complainant (s 10(1)(d)).
Direction to act. The Minister may direct, and the Director may of the Director’s own motion undertake, examinations of witnesses before justices and take over summary matters or simple offences (s 10(1)(e)-(f)). The Director may also assist a coroner on the Attorney-General’s direction (s 10(1)(g)).
Reporting. The Director must prepare an annual report of the Office’s operations and provide it to the Minister by 31 October following the financial year; the Minister must cause the report to be laid before the Legislative Assembly within 14 sitting days (s 16(1)-(2)).
Guidelines and directions. The Director may furnish written guidelines to crown prosecutors, other persons acting for the Director, the police commissioner and others about prosecutions, and may direct the police commissioner and other persons about which offences or classes of offences are to be referred to the Director (s 11(1)(a)-(b)). The Director must give the Minister a copy of each guideline or direction and include them in the annual report (s 11(2)).
Duties on police and other agencies
Disclosure duty of police. While the Director is deciding whether to institute or consent to proceedings, or is conducting proceedings, police officers investigating alleged offences must disclose to the Director all relevant information, documents or other things obtained that might tend to help the prosecution or the accused person. The duty continues until the Director decides not to prosecute or until the prosecution ends in any form (s 24C(1)-(3)). Any police officer has a continuing duty to disclose exculpatory things until the accused is discharged or acquitted or dies (s 24C(4)).
Assistance on request. If further investigation is required in a matter under the Director’s consideration, the Director may request assistance from the police commissioner, the Animal Care and Protection inspectorate or the Crime and Corruption Commission for officers; such requests must be in writing, and those requested must, as far as possible, comply (s 13(1)-(4)).
Employee and confidentiality obligations
Confidentiality obligation. A person who is or was employed for the purposes of the Act must not disclose confidential information that came to the person’s knowledge because of the employment. The maximum penalty for breach is 100 penalty units (s 24A(1)). The prohibition applies to information learned directly or incidentally and continues to apply even if the person already knew the information before employment, or if the information later ceases to be confidential (s 24A(2), (4)). Exceptions are disclosures required under this or another Act or by a court or tribunal (s 24A(3)). Confidential information includes information designated as confidential by a Director’s guideline under s 11(1)(c) (s 24A(5)).
Criminal history checks. The Director may request a written report from the police commissioner on the criminal history of a person employed in, or applying for employment in, the Office; the commissioner must comply (s 24B(1)-(2)).
Appointment, tenure and removal rights and processes
Appointment eligibility and terms. The Governor in Council appoints the Director (s 5(1)), who must be an Australian lawyer admitted to practice for at least ten years (s 5(1A)). The Governor in Council determines the term and salary upon Ministerial recommendation, and the Director may be reappointed (s 5(2)). The Director is appointed under this Act and not the Public Sector Act 2022 (s 5(3)).
Resignation and removal. The Director may resign in writing to the Minister (s 6(1)). The Governor in Council may terminate the Director for misbehaviour or physical or mental incapacity, and must terminate in specified circumstances such as bankruptcy or unauthorised absence as described in s 6(3) (s 6(2)-(3)). Termination must be by written notification signed by the Minister (s 6(4)). Deputy directors have a parallel, but more elaborate, suspension and removal process involving ministerial suspension, notice to the Governor in Council, an invitation to show cause, and final determinations by the Governor in Council with specified possible outcomes including removal, salary reduction, deduction up to $1,000, reprimand or reinstatement (s 21-22).
Employment and public service rights
Retention of accrued public service rights. A person who was a public servant appointed to an office under this Act retains accrued rights, including long service leave and related entitlements, subject to specified conditions and elective cashing of annual leave within six months (s 28(1)-(4)). Section 29 provides an entitlement to reappointment to the Crown or public service under specified circumstances where continuity of employment in prescribed offices exists.
Protections and judicial mechanics
Judicial notice. Courts and judicial officers must take judicial notice of the Director’s signature on documents and of the fact that the person is or was the Director or an acting Director (s 15).
Protection from liability. No act or omission done by or for the Minister, Director, or persons assisting for the purpose of giving effect to the Act is to subject the Crown, the Minister, the Director or any person to liability at law in respect of that act or omission (s 25).
Collectively, the Act imposes prosecutorial duties on the Director, operational disclosure and assistance duties on investigative agencies, confidentiality duties and employment protections for staff, and prescribes recruitment, tenure and removal mechanisms intended to balance independence with administrative accountability.
Penalties and enforcement
The Act sets out a limited set of criminal penalties, enforcement mechanisms and administrative remedies rather than a broad penal regime. Enforcement is handled through removal and disciplinary procedures for office-holders, criminal sanction for unlawful disclosure, and administrative accountability imposed through the chief executive and reporting obligations.
Criminal penalty for disclosure
Confidentiality offence. Section 24A makes it an offence for a person who is or was employed for the purposes of this Act to disclose confidential information that came to the person’s knowledge because of the employment. The maximum penalty is 100 penalty units (s 24A(1)). The prohibition applies to information received directly or incidentally and continues to apply even if the person knew the information beforehand or if it later stops being confidential (s 24A(2), (4)). Exceptions include disclosures authorised by this or another Act, disclosures required by a court or tribunal, and witness’ statements disclosed for the purposes of a trial (s 24A(3)). The statute also provides that confidential information includes information stated to be confidential by Director-issued guidelines under s 11(1)(c) (s 24A(5)).
Administrative removal, suspension and penalties for office-holders
Director termination. The Governor in Council may terminate the Director for misbehaviour or physical or mental incapacity (s 6(2)). The Governor in Council must terminate the Director’s appointment in specified circumstances, including bankruptcy or specified unauthorised absence or contravention of s 7 relating to outside employment (s 6(3)). Termination is effected by written notification signed by the Minister (s 6(4)).
Deputy director suspension and removal process. Deputy directors are liable to suspension without pay or removal for breach of employment conditions (s 21(1)-(2)). The Minister may suspend by written notice (s 21(2)), and must within 14 days notify the Governor in Council and provide a statement of grounds, and invite the suspended person to show cause (s 21(3)). The suspended person has 14 days or longer to respond (s 21(4)). The Governor in Council, after considering the grounds and any cause shown, may order removal, order salary reduction, order a deduction up to $1,000, reprimand or caution, or terminate suspension (s 22(1)(a)-(c)). Where suspension is terminated other than by removal, continuous service is treated as unbroken and pay adjustments may be made as directed by the Governor in Council (s 22(3)). Removal is effected by Minister-signed written notification (s 22(4)).
Enforcement tools and administrative checks
Judicial notice and document authentication. Courts must take judicial notice of the Director’s signature and of the fact of that person’s office-holding (s 15). This provides a practical enforcement and authentication mechanism for documents executed by the Director or acting Director.
Reporting and transparency. The Director must give the Minister a copy of each guideline or direction furnished under s 11 and include copies in the annual report (s 11(2)). The annual report itself must be provided to the Minister by 31 October and laid before the Legislative Assembly within 14 sitting days (s 16(1)-(2)). These provisions enable parliamentary visibility and political accountability.
Accounts and administrative control. The chief executive is the accountable officer under the Financial Accountability Act 2009 for the Director’s functions and may require the Director to do all things necessary for compliance (s 32(2)-(3)). This subjects the Office to normal public financial oversight and audit mechanisms.
Notable absences and limits
No explicit criminal sanctions for police non-compliance. While s 24C imposes duties on police to disclose relevant and exculpatory material to the Director while the Director is deciding or conducting proceedings, the Act does not specify a penalty provision for failure to comply in the text provided. The instrument relies instead on the statutory duty and the working relationship expected between the Director and police forces (s 24C(2)-(4)).
No quantified cap on Governor in Council discretion. Removal for the Director for misbehaviour, or the Governor in Council’s other personnel decisions, involve political executive action; the Act prescribes circumstances that mandate removal (e.g., bankruptcy) but leaves the broader assessment of misbehaviour or incapacity to the Governor in Council and Ministerial processes (s 6(2)-(3); s 21-22 for deputies).
Overall, enforcement is a mix of penal sanction for unauthorised disclosure, administrative suspension and removal for office-holders, and financial and parliamentary accountability mechanisms applied through reporting and the chief executive’s role.
How it interacts with other laws
The Act explicitly cross-references several other statutes and administrative regimes, creating interlocking interactions across criminal law, public sector employment, financial accountability and confiscation statutes. Those interactions shape the Director’s remit, oversight and administrative arrangements.
Criminal law and procedure
Criminal Code and indictable offences. The definition of criminal proceedings in s 4 is expressly tied to offences defined in the Criminal Code. This anchors the Director’s prosecutorial jurisdiction to the Criminal Code and to indictable matters generally (s 4).
Criminal Proceeds Confiscation Act 2002. Section 10A expressly subjects the Director to guidelines issued by the Attorney-General for exercising the Director’s functions under the Criminal Proceeds Confiscation Act 2002 with respect to examination orders. Those guidelines must be gazetted and tabled (s 10A(1), (3)-(4)). The Director may not receive a guideline related to a particular case (s 10A(2)).
Coroners Acts. The Director, upon direction by the Minister, may assist a coroner or instruct counsel assisting a coroner under the Coroners Act 1958 or the Coroners Act 2003 (s 10(1)(g)). This establishes a link between prosecutorial resources and coronial inquiries.
Public sector and employment law
Public Sector Act 2022. The Director and deputy directors are specifically appointed under this Act and not under the Public Sector Act 2022 (s 5(3); s 19(2)), creating a separate statutory employment category. By contrast, officers appointed to assist the Director under s 23 are to be appointed under the Public Sector Act 2022 (s 23(2)), meaning those assistants fall within the general public sector employment framework. Section 30 defines prescribed office to include an office within the application of the Public Sector Act 2022 or an office provided for by this Act (s 30).
Financial Accountability Act 2009. The chief executive is the accountable officer under that Act in respect of the discharge of the Director’s functions, and the Director must do what the chief executive, in their role as accountable officer, requires to comply with the Financial Accountability Act (s 32(2)-(3)). This subjects the Office to government financial management and auditing frameworks.
Superannuation and public service entitlements
State Service Superannuation Act 1972 and Public Service Superannuation Act 1958. The Act preserves certain superannuation treatments for persons who immediately before appointment were officers under the State Service Superannuation Act 1972. Those persons are deemed employed by the Crown in a permanent capacity for the purposes of those Acts while they hold an appointment under this Act, and s 31(2) preserves contributor status where certain conditions are met. Sections 28-31 also regulate continuity of service, rights to apply for public service offices, and cashing of annual leave entitlements on transfer.
Criminal Law (Rehabilitation of Offenders) Act 1986
Criminal history checks. Section 24B permits the Director to request a written report from the police commissioner about the criminal history of a person employed in or applying for employment in the Office, and defines criminal history by reference to the Criminal Law (Rehabilitation of Offenders) Act 1986 (s 24B(3)-(4)).
Administrative practice and policing frameworks
Interaction with police investigation duties. The Act imposes disclosure duties on police (s 24C) and gives the Director power to give directions to police commissioners (s 11(1)(b)). The Director may request assistance from police or other bodies such as inspectors under the Animal Care and Protection Act 2001 (s 13(2)(b)) and commission officers under the Crime and Corruption Act 2001 (s 13(2)(c)), linking the Office’s investigative needs to other statute-based investigative powers and agencies.
Local statutory references and administrative processes
Gazette and legislative tabling. Section 10A requires Attorney-General guidelines relating to examination orders under the Criminal Proceeds Confiscation Act 2002 to be gazetted and tabled in the Legislative Assembly. Section 11 requires the Director to provide copies of guidelines and directions to the Minister and include them in the annual report (s 11(2)). Section 16 prescribes timing for the annual report and parliamentary laying.
Through these cross-references, the Act coordinates prosecutorial decision-making with criminal procedure, asset confiscation processes, coronial inquiries, public sector employment rules, financial accountability and superannuation law. The statutory design deliberately places the Director at the junction of criminal prosecution and administrative oversight, while preserving specified independence in prosecutorial decision-making (s 10(3)).
Amendment history
The text includes internal amendment markers and insertion or omission notes that identify when particular sections were added, changed or omitted. The Act as provided shows that it has been amended multiple times since its original 1984 enactment. The record in the text lists the following embedded amendment and insertion notations by section:
Section 1: amended 1994 No. 87 s 3 sch 1 (sec.1 amd 1994 No. 87 s 3 sch 1).
Sections have various "om" notations indicating omissions: s 2 om 1995 No. 58 s 4 sch 1; s 3 om 1990 No. 82 s 4.
Definition insertion and amendments: The Australian lawyer definition was inserted in 2004 No. 11 s 596 sch 1 and amended in 2007 No. 24 s 770 sch 1 (s 4 def Australian lawyer ins 2004 No. 11 s 596 sch 1; amd 2007 No. 24 s 770 sch 1).
Director definition amended 1994 No. 87 s 3 sch 1 (s 4 def director amd 1994 No. 87 s 3 sch 1).
Director-General, Minister, Public Service Board and Under Secretary definitions have amendment and omission references such as s 4 def Director-General ins 1990 No. 80 s 3 sch 1; others show om 1990 No. 80 s 3 sch 1 etc.
Section 4A establishing the Director and Office was inserted in 1994 No. 87 s 3 sch 1 (s 4A ins 1994 No. 87 s 3 sch 1).
Section 5 appointment provisions show multiple amendment notes: amended 1988 No. 52 s 44 sch 3; 1994 No. 87 s 3 sch 1; 1996 No. 37 s 147 sch 2; 2004 No. 11 s 596 sch 1; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3 (s 5 amd ...).
Section 6 was amended 1985 No. 25 s 5 (s 6 amd 1985 No. 25 s 5).
Section 10 contains amendments listed: 1994 No. 87 s 3 sch 1; 2003 No. 13 s 106 sch 1; 2003 No. 55 s 50; 2004 No. 11 s 596 sch 1; 2010 No. 42 s 214 sch (s 10 amd ...).
Section 10A was inserted in 2002 No. 68 s 312 (s 10A ins 2002 No. 68 s 312).
Section 11 amended 1997 No. 82 s 27 (s 11 amd 1997 No. 82 s 27).
Section 13 has amendment notes sub 2014 No. 39 s 45 and amd 2018 No. 29 s 62 (s 13 sub 2014 No. 39 s 45; amd 2018 No. 29 s 62).
Section 15 amended 1994 No. 87 s 3 sch 1 (s 15 amd 1994 No. 87 s 3 sch 1).
Section 16 amended 1994 No. 87 s 3 sch 1 (s 16 amd 1994 No. 87 s 3 sch 1).
Section 17 substituted 1994 No. 87 s 3 sch 1 and amended 2004 No. 11 s 596 sch 1 (s 17 sub 1994 No. 87 s 3 sch 1; amd 2004 No. 11 s 596 sch 1).
Sections 19-22 carry amendment histories including 1988 No. 52 s 44 sch 3; 1990 No. 82 s 8 sch; 1996 No. 37 s 147 sch 2; 2009 No. 25 s 83 sch (s 19 amd ...; s 21 amd 1985 No. 25 s 6; 1986 No. 9 s 3; 1990 No. 82 s 8 sch; s 22 amd 1986 No. 9 s 4; 1990 No. 82 s 8 sch).
Section 23 appointments corresponds to amendments and replacement notes (s 23 sub 1990 No. 82 s 6; amd 1996 No. 37 s 147 sch 2; 2004 No. 11 s 596 sch 1; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3).
Section 23A delegation was inserted in 2017 No. 6 s 25 (s 23A ins 2017 No. 6 s 25).
Section 24A confidentiality was inserted in 1997 No. 82 s 28 (s 24A ins 1997 No. 82 s 28).
Section 24B criminal history checks inserted 2000 No. 58 s 2 sch (s 24B ins 2000 No. 58 s 2 sch).
Section 24C disclosures by police inserted 2003 No. 55 s 51 (s 24C ins 2003 No. 55 s 51).
Section 25 protection provision appears without a listed amendment date in the extract, whereas s 26 is omitted 1995 No. 58 s 4 sch 1 (s 26 om 1995 No. 58 s 4 sch 1).
Section 27 amended 2010 No. 42 s 214 sch (s 27 amd 2010 No. 42 s 214 sch).
Sections 28-31 contain amendment notes including 1986 No. 9 s 5; 2000 No. 52 s 48 sch; and other older amendments.
Section 32 amendments note interplay with the Financial Accountability Act 2009 and other legislative changes (s 32 amd 1990 No. 80 s 3 sch 1; 1990 No. 82 s 7; 1996 No. 37 s 147 sch 2; 2009 No. 9 s 136 sch 1; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3).
Section 33 regulation power was substituted 1995 No. 58 s 4 sch 1 (s 33 sub 1995 No. 58 s 4 sch 1).
Sections 34-35 show insertions and amendments with 1994 No. 87 s 3 sch 1 and 1995 No. 58 s 4 sch 1 (s 34 pres s 34 ins 1994 No. 87 s 3 sch 1; amd 1995 No. 58 s 4 sch 1; s 35 ins 1995 No. 58 s 4 sch 1).
This list is the amendment metadata recorded in the statutory text supplied. The extract does not provide consolidated amendment notes beyond the inline markers, and it does not include commencement dates for each amendment beyond those shown. Use of any other historical detail or case history would exceed the source material provided.
Litigation history
The statutory text supplied contains no case citations and does not record judicial interpretation or litigation arising under the Act. The Act itself mandates judicial notice of the Director’s signature and office on documents (s 15), but it does not list or summarise any judicial decisions. Because the source material supplied is the Act text only, no litigation history is contained in the document and no cases are referenced.
If litigation history or interpretive authorities are required for strategy or argument drafting, separate research in reported cases, unreported decisions, and secondary materials will be necessary, because the Act text alone does not supply judicial outcomes or precedents.
Gotchas
This part highlights practical traps, friction points, and operational tensions that arise from the Act’s text. Each point cites the relevant section as the legal source.
Appointment under the Act rather than general public sector frameworks
The Director and deputy directors are appointed under this Act and not under the Public Sector Act 2022 (s 5(3); s 19(2)). That creates a distinct employment category with bespoke tenure, removal and discipline procedures, meaning standard Public Sector Act processes may not apply to them. By contrast, crown prosecutors and other officers assisting the Director are appointed under the Public Sector Act 2022 (s 23(2)). Mixing these regimes can create administrative complexity about rights and entitlements for individuals who move between roles.
Limits on outside employment and mandatory termination triggers
The Director is prohibited from practising the Director’s profession or engaging in paid employment outside the duties of the Director’s office without Ministerial consent (s 7). The Governor in Council must terminate the Director if the Director becomes bankrupt, is absent without authorised leave for specified periods, or contravenes s 7 (s 6(3)). These are hard triggers that carry quick termination consequences; compliance monitoring of leave and financial status is therefore an operational necessity.
Confidentiality offence scope and residual risk
The confidentiality prohibition applies to current and former employees and includes information that came to the person’s knowledge directly or incidentally because of employment, and it continues to apply even if the person knew the information before employment or it stops being confidential (s 24A(1), (2), (4)). This creates risk for staff who possessed information pre-employment and may curtail ability to use their own prior knowledge. The statute permits disclosure required by law or by a court, but otherwise the maximum penalty is 100 penalty units (s 24A(3)). Designating information as confidential by Director guidelines further expands the material captured (s 24A(5) read with s 11(1)(c)).
Police disclosure duties without express sanctions
Police officers have a clear duty to disclose all relevant material that might help either the prosecution or the accused to the Director while the Director is deciding whether to institute proceedings or conducting proceedings (s 24C(2)-(3)). However, the Act does not set out a penalty for failure to disclose within the text supplied. This gap means enforcement relies on institutional processes, professional discipline or other statutory remedies, rather than an explicit statutory penalty under this Act.
Director’s guideline powers constrained in case-specific situations
The Director’s power to furnish guidelines does not permit guidelines in relation to a particular case (s 11(1A)). Similarly, the Attorney-General’s guidelines under s 10A may not be furnished in relation to a particular case (s 10A(2)). This prevents ex post or case-specific ministerial micromanagement through guidelines, but also limits the utility of guidelines for exceptional single-case directions.
Tension between prosecutorial discretion and Ministerial directions
The Director is responsible to the Minister in the discharge of functions, but the Act also states nothing shall derogate from or limit the Director’s authority in respect of the preparation, institution and conduct of proceedings (s 10(3)). That text creates a structural tension: the Director is both responsible to the Minister administratively but is given operational authority to conduct prosecutions. The interplay of s 10(3) with s 10(1)(e)-(g) (Ministerial directions in specific contexts) is a locus for dispute about lawful direction versus independent exercise of prosecutorial discretion.
Governor in Council’s significant personnel power
Appointment and removal processes hinge on Governor in Council decisions with Ministerial notification and recommendation influences (s 5; s 6; s 21-22). These involve political executive actors rather than tribunals, which can create politicisation risks in contentious removals or suspensions even though statutory procedural steps, including show-cause and statement of grounds, are prescribed for deputies (s 21-22).
Administrative control of the chief executive and accountability trade-offs
Section 32 places administrative and financial control with the chief executive and makes the chief executive the accountable officer under the Financial Accountability Act 2009, and requires the Director to do all things the chief executive requires for that Act (s 32). That places the Office inside standard public financial controls, which is sensible for accountability, but may impose bureaucratic compliance burdens on prosecutorial operations and staff.
Interaction between public service rights and movement between offices
Sections 28-31 create a set of rights that preserve accrued public service entitlements and superannuation treatments for persons appointed under this Act. The rules about electing to be paid the cash equivalent of accrued annual recreation leave within six months (s 28(2)) and entitlement to reappointment to Crown offices (s 29) have precise time limits and procedural steps; failure to conform to those processes could lead to loss of entitlements.
Reporting deadlines and transparency obligations
The Director must provide the annual report as soon as practicable after the end of the financial year but by 31 October (s 16(1)), and the Minister must lay it before the Legislative Assembly within 14 sitting days (s 16(2)). Missing those deadlines may create parliamentary friction and scrutiny.
These operational pitfalls require offices and advisers to implement processes that map statutory timeframes, preserve confidentiality while enabling lawful disclosure, manage employment classification transitions, and ensure police disclosure systems interact smoothly with prosecutorial decision-making.
How to comply
This section sets out concrete steps organisations and individuals affected by the Act should adopt to meet statutory obligations and manage the administrative and legal risks that the text creates. Each step references the relevant provisions.
Appointment and onboarding for the Director and deputies
Verify eligibility and appointment mechanics. Ensure any candidate for Director meets the statutory eligibility threshold of being an Australian lawyer admitted to practice for at least ten years (s 5(1A)). Prepare the Governor in Council instrument specifying term, salary and conditions, and note that appointments are made under this Act and not under the Public Sector Act 2022 (s 5(2)-(3)).
For deputy directors, confirm terms do not exceed five years unless otherwise specified, ensure appointment documents specify salary and leave conditions, and record reappointment eligibility (s 19(1)).
Manage transitions from public service roles carefully to preserve accrued rights, and ensure elective steps such as cashing annual leave are offered within six months where required (s 28(2)).
Administrative structures and financial compliance
Align the Office’s administrative arrangements with the chief executive and Financial Accountability Act 2009 requirements. The Director must comply with directions by the chief executive as accountable officer for financial accountability purposes (s 32(2)-(3)). Put in place procurement, delegation and record-keeping systems that allow the chief executive to meet statutory obligations and auditing requirements.
Publication and reporting
Prepare the annual report on operations promptly and ensure it is delivered to the Minister by 31 October following the financial year end. Include copies of all guidelines and directions furnished by the Director under s 11 during the reporting period and those in force at the end of the period (s 16(1); s 11(2)(a)-(b)). Set internal deadlines for draft preparation, legal review and clearance to allow Ministerial tabling within 14 sitting days (s 16(2)).
Guideline and direction protocols
Draft and publish Director-issued guidelines carefully. The Director may furnish guidelines to crown prosecutors, police and other persons but must not issue guidelines in relation to a particular case (s 11(1)(a); s 11(1A)). Implement an approval and record system to ensure copies are provided to the Minister and included in the annual report (s 11(2)).
Where the Attorney-General issues guidelines under s 10A for the Director’s functions under the Criminal Proceeds Confiscation Act 2002, ensure those guidelines are gazetted and tabled in the Legislative Assembly and that no guideline purports to be case-specific (s 10A(1), (2), (3)-(4)).
Police disclosure and evidence management
Build formal intake and disclosure procedures with police agencies. Because police have a duty to disclose all relevant material and exculpatory things to the Director while the Director is deciding or conducting proceedings (s 24C(2)-(4)), create standardised channels for transmission of investigation files, exculpatory items and continuing updates until the decision not to prosecute or the end of the prosecution.
Maintain logs and acknowledgements for disclosures to mitigate later disputes about compliance with the duty to disclose.
Assistance requests and inter-agency cooperation
Make formal written requests for investigative assistance under s 13. The Director’s power to request police officers, inspectors under the Animal Care and Protection Act 2001, or commission officers under the Crime and Corruption Act 2001 must be made in writing (s 13(3)) and those agencies must comply as far as possible (s 13(4)). Implement internal templates and chain-of-command protocols to ensure timely, documented requests.
Confidentiality management and staff training
Implement confidentiality policies that reflect s 24A. All employees and contractors must be informed that disclosures of confidential information are prohibited except as authorised or required by law (s 24A(1), (3)). Training should emphasise that the prohibition applies to information obtained directly or incidentally and survives employment even where the employee knew the information previously or where the information later stops being confidential (s 24A(2), (4)). Where the Director designates information as confidential by guideline under s 11(1)(c), ensure that designation is clearly documented.
Include confidentiality clauses in employment contracts and provide clear procedures for lawful disclosure pursuant to court orders or statutory obligations.
Criminal history screening
Use s 24B authority properly. When hiring, the Director may request a written report of a candidate’s criminal history from the police commissioner (s 24B(1)-(2)). Implement consent forms and privacy-compliant processes that align with the Criminal Law (Rehabilitation of Offenders) Act 1986 definition of criminal history and ensure the police commissioner’s compliance obligations are met.
Handling conflicts of interest and pre-appointment matters
If the incoming Director was previously privately engaged in a matter not finally determined on appointment, the Director may continue to discharge functions generally, subject to restrictions on disclosure and self-recusal in matters previously handled personally (s 27(1)-(3)). Establish a review process to identify matters from prior practice that are still live and arrange delegation to a deputy where the Director is precluded from acting personally (s 27(2)-(3)).
Suspension and removal compliance steps
For deputy director suspensions, ensure procedural fairness by complying with show-cause invitations within 14 days, and be prepared for Governor in Council determinations and potential salary or other penalties (s 21(3)-(4); s 22(1)). Maintain meticulous records of grounds, notices and responses to withstand scrutiny in Governor in Council proceedings.
Documentation and judicial authentication
Ensure instruments and official documents executed by the Director bear signatures and appropriate attestation because courts will take judicial notice of those signatures and office-holding (s 15). Maintain secure signature records and authorised signatory lists.
Legislative compliance and regulatory powers
Where regulations are made under the Act, ensure internal regulatory monitoring to implement any new requirements the Governor in Council enacts (s 33). Keep legal counsel informed of any regulation-making activity.
These measures will reduce legal and operational risk, meet statutory timeframes and preserve the Office’s ability to exercise statutory prosecutorial authority in a way consistent with the Act’s reporting, confidentiality and inter-agency cooperation requirements.
pt.2-div.1A Provisions about director of public prosecutions
Provisions about director of public prosecutions
sec.5 Appointment of director
sec.5 Appointment of director
The Governor in Council may appoint a person to be the director of public prosecutions.
The person must be an Australian lawyer who has been admitted to practise for not less than 10 years.
The director—
shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and
shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and
shall be eligible for reappointment upon the expiration of the director’s term of appointment.
The director is to be appointed under this Act, and not under the Public Sector Act 2022 .
s 5 amd 1988 No. 52 s 44 sch 3 ; 1994 No. 87 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
(sec.5-ssec.1) The Governor in Council may appoint a person to be the director of public prosecutions.
(sec.5-ssec.1A) The person must be an Australian lawyer who has been admitted to practise for not less than 10 years.
(sec.5-ssec.2) The director— shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and shall be eligible for reappointment upon the expiration of the director’s term of appointment.
(sec.5-ssec.3) The director is to be appointed under this Act, and not under the Public Sector Act 2022 .
(a) shall be appointed for such term as the Governor in Council determines and specifies in the instrument of appointment; and
(b) shall be paid salary and allowances at such rate and be employed under such conditions of employment, including conditions as to leave entitlements, as the Governor in Council, upon the recommendation of the Minister, determines; and
(c) shall be eligible for reappointment upon the expiration of the director’s term of appointment.
sec.6 Termination of director’s appointment
sec.6 Termination of director’s appointment
The director may resign office by writing signed by the director and delivered to the Minister.
The Governor in Council may terminate the appointment of the director for misbehaviour or physical or mental incapacity.
The Governor in Council shall terminate the appointment of the director if—
the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or
the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or
the director contravenes section 7 .
Termination of the appointment of director shall be by way of notification in writing signed by the Minister and given to the director personally or by post.
s 6 amd 1985 No. 25 s 5
(sec.6-ssec.1) The director may resign office by writing signed by the director and delivered to the Minister.
(sec.6-ssec.2) The Governor in Council may terminate the appointment of the director for misbehaviour or physical or mental incapacity.
(sec.6-ssec.3) The Governor in Council shall terminate the appointment of the director if— the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or the director contravenes section 7 .
(sec.6-ssec.4) Termination of the appointment of director shall be by way of notification in writing signed by the Minister and given to the director personally or by post.
(a) the director becomes bankrupt or takes advantage of the laws in force relating to bankruptcy; or
(b) the director is absent from duty, except on leave of absence to which the director is entitled under the conditions of the director’s employment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; or
(c) the director contravenes section 7 .
sec.7 Other employment curtailed
sec.7 Other employment curtailed
The director shall not, without the consent of the Minister—
engage in the practice of the director’s profession except in the exercise of the functions of the director’s office; or
engage in paid employment outside the duties of the director’s office.
(a) engage in the practice of the director’s profession except in the exercise of the functions of the director’s office; or
(b) engage in paid employment outside the duties of the director’s office.
Section sec.8
s 8 om 2004 No. 11 s 596 sch 1
Section sec.9
s 9 om 1994 No. 87 s 3 sch 1
sec.10 Functions of director
sec.10 Functions of director
The director—
shall prepare, institute and conduct on behalf of and in the name of Her Majesty—
criminal proceedings; and
proceedings in the Court of Appeal; and
proceedings in the High Court of Australia that arise out of criminal proceedings; and
shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and
shall, upon the direction of the Minister or of the director’s own motion—
prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and
take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and
shall perform such duties as the director may be charged with by or under this Act or any other Act; and
shall perform such duties of a legal nature as the Minister may direct.
If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct—
criminal proceedings for the offences; and
proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.
In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings.
In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice.
s 10 amd 1994 No. 87 s 3 sch 1 ; 2003 No. 13 s 106 sch 1 ; 2003 No. 55 s 50 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 214 sch
(sec.10-ssec.1) The director— shall prepare, institute and conduct on behalf of and in the name of Her Majesty— criminal proceedings; and proceedings in the Court of Appeal; and proceedings in the High Court of Australia that arise out of criminal proceedings; and shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and shall, upon the direction of the Minister or of the director’s own motion— prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and shall perform such duties as the director may be charged with by or under this Act or any other Act; and shall perform such duties of a legal nature as the Minister may direct.
(sec.10-ssec.2) If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct— criminal proceedings for the offences; and proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.
(sec.10-ssec.3) In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings.
(sec.10-ssec.4) In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice.
(a) shall prepare, institute and conduct on behalf of and in the name of Her Majesty— (i) criminal proceedings; and (ii) proceedings in the Court of Appeal; and (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and
(i) criminal proceedings; and
(ii) proceedings in the Court of Appeal; and
(iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and
(b) shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and
(c) shall, upon the direction of the Minister or of the director’s own motion— (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
(i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and
(ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
(d) shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and
(e) shall perform such duties as the director may be charged with by or under this Act or any other Act; and
(f) shall perform such duties of a legal nature as the Minister may direct.
(i) criminal proceedings; and
(ii) proceedings in the Court of Appeal; and
(iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and
(i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and
(ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and
(a) criminal proceedings for the offences; and
(b) proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.
sec.10A Guidelines by Attorney-General
sec.10A Guidelines by Attorney-General
For exercising the director’s functions under the Criminal Proceeds Confiscation Act 2002 , the director is subject to any guidelines the Attorney-General issues in relation to the examination of a person under an examination order under that Act.
A guideline may not be furnished in relation to a particular case.
The Attorney-General must gazette the guidelines as soon as practicable after issuing them.
Also, the Attorney-General must table a copy of the guidelines in the Legislative Assembly within 14 sitting days after the guidelines are gazetted.
s 10A ins 2002 No. 68 s 312
(sec.10A-ssec.1) For exercising the director’s functions under the Criminal Proceeds Confiscation Act 2002 , the director is subject to any guidelines the Attorney-General issues in relation to the examination of a person under an examination order under that Act.
(sec.10A-ssec.2) A guideline may not be furnished in relation to a
This is an opening excerpt, not the complete document.