I am aware that, as a law enforcement or investigating officer investigating an alleged indictable or summary offence, I have a duty, under the Director of Public Prosecutions Act 1986 (the Act), section 15A, to disclose to the Director of Public Prosecutions (the DPP) all relevant material if the DPP exercises a function referred to in the Act, section 15A(1A).
I understand relevant material to be all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.
I am aware that my duty to disclose continues until the DPP decides that the accused person will not be prosecuted for the alleged offence(s), the accused person is found guilty or acquitted, or the prosecution is terminated.
I am aware that my duty to disclose as outlined above is subject to claims of privilege, public interest immunity or statutory immunity. I am aware that if I am a police officer, or an officer of the NSW Crime Commission, the Law Enforcement Conduct Commission or the Independent Commission Against Corruption, these kinds of claims are to be directed as follows—
(a) for police officers—through my Commander to the Office of the General Counsel of the NSW Police Force,
(b) for other law enforcement officers—through my manager to the Commissioner or an Assistant Commissioner of the agency of which I am an officer.
I certify that the information I have given in Schedules 1, 2 and 3 is true, to the best of my knowledge and belief.
Schedule 1 relates to relevant protected material, being relevant material not contained in the brief of evidence, that is the subject of a claim of privilege, public interest immunity or statutory immunity. I am aware that I am required to disclose to the DPP the existence and nature of all such material. I am aware that I must retain the material for as long as my duty to disclose exists and provide the material to the DPP on request. I acknowledge that if I object to the disclosure of relevant protected material to the DPP, I can request a conference with the responsible solicitor in the Office of the Director of Public Prosecutions to discuss reasons for the objection.
Schedule 2 relates to relevant material, not contained in the brief of evidence, that is the subject of a statutory publication restriction. I am aware that I am required to disclose to the DPP the existence of any such material, and the nature of the material, but only to the extent not prohibited by the statutory publication restriction. I am aware that I must retain the material for as long as my duty to disclose exists.
Schedule 3 relates to relevant unprotected material, being relevant material not contained in the brief of evidence, that is not the subject of a privilege or an immunity claim or a statutory publication restriction. Unless impracticable to do so, I have attached a copy of all such material to this certificate. If a copy of any such material has not been provided, I am aware that I must retain the material for as long as my duty to disclose exists and facilitate access to the material by the DPP.
Undertaking
I undertake to advise the DPP in writing, as soon as practicable, if I become aware of any additional information, documents or other things that might reasonably be expected to assist the case for the prosecution or the case for the accused person.
Signed [officer responsible for investigation of case]—
Date—
Name—
Rank [if applicable]—
Received and noted by superior officer*
Signed [superior officer]—
Date—
Name—
Rank [if applicable]—
*This form needs to be signed by a superior officer only if the disclosing law enforcement or investigating officer is a police officer or an officer of the NSW Crime Commission, the Law Enforcement Conduct Commission or the Independent Commission Against Corruption. For a police officer, it must be signed by a police officer who holds a rank in the NSW Police Force senior to the law enforcement officer. For other officers, it must be signed by the Commissioner or an Assistant Commissioner of the agency.
Schedule 1: relevant protected material that is subject of claim of privilege or immunity
| Certification* | Yes | No |
| There is relevant protected material, not contained in the brief of evidence, that is the subject of a claim of privilege, public interest immunity or statutory immunity. The material is described in this schedule below. | | |
| Description of item | Privilege/immunity sought** |
| | | |
Schedule 2: relevant material that is subject of statutory publication restriction
| Certification* | Yes | No |
| There is relevant material, not contained in the brief of evidence, that is the subject of a statutory publication restriction and the existence of which I can disclose without contravening the statutory publication restriction. The material is described in this schedule below. [Describe the material only to the extent not prohibited by the statutory publication restriction] | | |
| Description of item |
| | | |
Schedule 3: relevant unprotected material that is not subject to claim of privilege or immunity or statutory publication restriction
| Certification* | Yes | No |
| There is relevant unprotected material, not contained in the brief of evidence, that is not the subject of a claim of privilege or immunity or a statutory publication restriction. The material is described in this schedule below. | | |
| Description of item | Copy attached?*** |
| Yes | No |
| | | |
*Tick either yes or no in relation to the statement
**Describe the nature of the privilege or immunity claim in relation to each item
***Tick either yes or no in relation to each item
Request for meeting with ODPP solicitor*
| | Yes | No |
| I object to the disclosure of relevant protected material and request a conference with the responsible solicitor in the Office of the Director of Public Prosecutions. | | |
*Tick either yes or no in relation to the statement
Schedule Schedule 1 - Director of Public Prosecutions Regulation 2025 - Disclosure certificate—prosecutions and advisings | Zoe