Public Prosecutions Act 1994 (Victoria)

Version No. 048

Public Prosecutions Act 1994

No. 43 of 1994

Version incorporating amendments as at
26 October 2021

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 2

Part 2—Director of Public Prosecutions 8

9 Acting Director 8

10 Director is responsible to Attorney-General 9

11 Appearance by Director 10

12 Annual report 10

Part 3—Chief Crown Prosecutor 12

13 Appointment 12

14 Role of Chief Crown Prosecutor 12

15 Terms and conditions 12

15A Salary sacrifice—Chief Crown Prosecutor 13

16 Resignation 14

17 Suspension and removal from office 14

18 Pension of Chief Crown Prosecutor and of his or her partner and children 15

19 Acting Chief Crown Prosecutor 15

19A Salary sacrifice—Acting Chief Crown Prosecutor 16

19B Chief Crown Prosecutor may act as Director 17

20 Chief Crown Prosecutor is responsible to Director 18

21 Exercise of powers in cases of conflict of interest etc. 18

Part 4—Functions and powers of Director 20

22 Functions of Director 20

23 Functions of Director in relation to public prosecutions service 23

24 Matters to which Director must have regard 24

25 Power to discontinue criminal proceedings 24

25A Guidelines—briefing legal practitioners other than Crown Prosecutors and Associate Crown Prosecutors 24

26 Guidelines—prosecutions of offences 25

27 Director to be provided with certain information 26

28 Director may request police assistance 26

29 Director may make request to Attorney-General 27

30 Delegation 27

Part 5—Crown Prosecutors 29

31 Appointment 29

32 Terms and conditions 29

32A Salary sacrifice—Crown Prosecutors 31

33 Resignation 32

34 Removal from office 32

35 Pensions of Senior Crown Prosecutors and of their partners and children 33

35A Senior Crown Prosecutor may act as Chief Crown Prosecutor 34

36 Functions of Crown Prosecutors 34

Part 6—Associate Crown Prosecutors 37

37 Appointment 37

38 Functions of Associate Crown Prosecutors 38

Part 7—Office of Public Prosecutions 39

Division 1—Office of Public Prosecutions 39

39 Office of Public Prosecutions 39

40 Employment of staff 39

41 Functions of Office 39

Division 2—Solicitor for Public Prosecutions 40

42 Appointment 40

43 Functions of Solicitor for Public Prosecutions 40

44 Delegation 42

Part 8—The Director's Committee 43

Division 1—Establishment and functions of Director's Committee 43

45 Director's Committee 43

45A Functions of Director's Committee 43

45B Guidelines—regarding special decisions 44

Division 2—Special decisions 45

45C Meeting to be held for special decisions 45

45D Constitution of Director's Committee for meeting on special decision 45

45E When meeting not required 47

45F Report to Attorney-General if advice not followed 47

45G Report to be tabled in Parliament 48

45H Delegation of functions in relation to special decisions 48

Part 9—Miscellaneous 50

46 Immunity 50

47 Outcome of trial cannot be challenged etc. on ground relating to special decision 51

48 Judicial notice 52

48A Consolidated annual report 52

49 Supreme Court—limitation of jurisdiction 53

50 Regulations 53

51 Transitional provisions 54

51A Transitional provisions (1998 amendments) 57

52 Transitional provisions (1999 amendments) 57

53 Transitional provision (2004 amendment) 58

54 Transitional provision (2006 amendment) 58

55 Validation provision 58

56 Transitional provisions (2012 amendment) 59

Endnotes 61

1 General information 61

2 Table of Amendments 64

3 Amendments Not in Operation 68

4 Explanatory details 69

Version No. 048

Public Prosecutions Act 1994

No. 43 of 1994

Version incorporating amendments as at
26 October 2021

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

S. 1(a) amended by Nos 36/1995 s. 10(1), 62/1999 s. 3(1).

(a) to provide for the appointment of a Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors and a Solicitor for Public Prosecutions and set out their respective functions and powers;

S. 1(ab) inserted by No. 62/1999 s. 3(2).

(ab) to set out the functions and powers of the Director of Public Prosecutions;

(b) to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee on the decision;

S. 1(c) repealed by No. 3/2012 s. 4(1).

(d) to establish an Office of Public Prosecutions;

S. 1(e) amended by No. 3/2012 s. 4(2).

(e) to establish a Director's Committee;

(f) to repeal the Director of Public Prosecutions Act 1982.

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 July 1994, it comes into operation on that day.

S. 3 amended by No. 4/2009 s. 37(Sch. 1 item 21.2) (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

S. 3(1) def. of Associate Crown Prosecutor inserted by No. 36/1995 s. 10(2)(a), amended by No. 3/2012 s. 5(1).

Associate Crown Prosecutor means an Associate Crown Prosecutor appointed under Part 6;

S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 90.1), repealed by No. 17/2014 s. 160(Sch. 2 item 82.1(a)).

Chief Crown Prosecutor means Chief Crown Prosecutor appointed under Part 3;

Crown Prosecutor includes a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor;

S. 3(1) def. of direct indictment inserted by No. 68/2009 s. 88(1).

direct indictment has the same meaning as in the Criminal Procedure Act 2009;

S. 3(1) def. of Director amended by No. 62/1999 s. 4.

Director means Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;

S. 3(1) def. of Director's Committee substituted by No. 3/2012 s. 5(2).

Director's Committee means the Director's Committee established under Part 8;

S. 3(1) def. of discontinue a prosecution inserted by No. 68/2009 s. 88(1).

discontinue a prosecution has the meaning given by Part 5.4 of Chapter 5 of the Criminal Procedure Act 2009;

S. 3(1) def. of domestic partner inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).

domestic partner of a person means—

(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 90.1), amended by No. 17/2014 s. 160(Sch. 2 item 82.1(b)).

legal practitioner means an Australian legal practitioner;

S. 3(1) def. of partner inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).

partner of a person means—

(a) in relation to a person who became entitled to benefits under this Act before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008—

(i) the person's husband, wife, widower or widow; or

(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;

(b) in any other case, the person's spouse or domestic partner;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 137.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of public prosecutions service inserted by No. 3/2012 s. 5(4).

public prosecutions service means the service consisting of—

(a) the Director of Public Prosecutions; and

(b) the Chief Crown Prosecutor; and

(d) Associate Crown Prosecutors; and

(e) the Solicitor for Public Prosecutions; and

(f) the Office of Public Prosecutions;

S. 3(1) def. of related offences inserted by No. 68/2009 s. 88(1).

related offences has the same meaning as in the Criminal Procedure Act 2009;

S. 3(1) def. of special decision amended by Nos 36/1995 s. 10(2)(b)(i)(ii), 35/1996
s. 453(Sch. 1 item 69.1), 50/2006 s. 36, 68/2009 s. 88(2), 3/2012 s. 5(3).

special decision means a decision—

(a) to file a direct indictment against a person for an offence except where—

(i) the person, or a legal practitioner representing the person, has consented in writing to an indictment being filed for that offence; or

(ii) the person, or a legal practitioner representing the person, has indicated in writing an intention to plead guilty to that offence; or

(b) subject to guidelines established by the Director's Committee under section 45A(1)(b), to discontinue a prosecution, or not to file an indictment within the period specified in section 163(1), (2) or (3) of the Criminal Procedure Act 2009, as the case requires, in relation to the charge or all the charges on which a person was committed for trial; or

(d) to file an indictment against a person for an offence if a Crown Prosecutor has declined to file, or an Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against filing, an indictment against that person for that offence or for an offence that is not materially different from that offence; or

(e) to discontinue a prosecution in relation to a charge if a Crown Prosecutor, Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against discontinuing the prosecution in relation to that charge or has advised that that charge should be proceeded with; or

(f) to appeal against, or seek any relief or remedy in respect of, an order of the Supreme Court or the County Court quashing, or granting a permanent stay of, an indictment or of a charge or charges on an indictment on the ground that for the person to be tried for the offence or offences charged in the indictment or in the charge or charges on the indictment (as the case requires) would constitute an abuse of process; or

(g) to establish guidelines under section 26(1); or

(h) of any other kind that, in the opinion of the Director, should be treated as a special decision for the purposes of this Act;

S. 3(1) def. of spouse inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).

spouse of a person means a person to whom the person is, or was at the time of the person's death, married.

S. 3(2) inserted by No. 4/2009 s. 37(Sch. 1 item 21.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

Part 2—Director of Public Prosecutions

Note to Pt 2 inserted by No. 3/2012 s. 6.

Note

The Director of Public Prosecutions is appointed under Part IIIA of the Constitution Act 1975.

S. 4
amended by No. 36/1995 s. 4(1), repealed by No. 62/1999 s. 5.

S. 5
amended by Nos 109/1994 s. 34(12)(a), 46/1998
s. 7(Sch. 1), repealed by No. 62/1999 s. 5.

Ss 6, 7 repealed by No. 62/1999 s. 5.

S. 8
amended by No. 109/1994 s. 34(12)(b), repealed by No. 62/1999 s. 5.

9 Acting Director

(1) The Governor in Council may appoint a person who is eligible for appointment as the Director to act as the Director during any period when—

(a) the office of Director is vacant; or

(b) the Director is absent from duty or is, for any reason, unable to carry out the duties of the office.

Note to s. 9(1) inserted by No. 3/2012 s. 7.

Note

Section 19B also provides that the Chief Crown Prosecutor may act as the Director if the Governor in Council has not appointed an Acting Director.

(2) The Governor in Council may at any time terminate the appointment of the Acting Director.

(3) The Acting Director has, during the period of the appointment, the same powers and duties as the Director and may perform any of the functions of the Director.

(4) The Acting Director is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council.

S. 9(5) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).

(5) The office of Acting Director is not an authority within the meaning of section 104(1) of the Public Administration Act 2004.

10 Director is responsible to Attorney-General

(1) The Director is responsible to the Attorney-General for the due performance of his or her functions and exercise of his or her powers under this or any other Act.

(2) Subject to this Act, nothing in subsection (1) affects or takes away from the authority of the Director in respect of the institution, preparation and conduct of proceedings under this or any other Act.

11 Appearance by Director

S. 11 amended by No. 35/1996
s. 453(Sch. 1 item 69.2).

The Director may appear in person, or be represented by a legal practitioner, in any proceedings instituted or conducted by the Director or arising out of proceedings instituted or conducted by the Director.

12 Annual report

(1) The Director must, in respect of each financial year, prepare an annual report on his or her operations during that year and submit the report to the Attorney-General not later than 31 October next following the financial year.

(2) The report must—

(a) be prepared in a form and contain information determined by the Director to be appropriate; and

S. 12(2)(b) amended by No. 3/2012 s. 8(1).

(b) contain a copy of any statement submitted to the Attorney-General under section 45F(1) that is laid before the Legislative Council or the Legislative Assembly by the Attorney-General during that year; and

S. 12(2)(c) amended by No. 3/2012 s. 8(2).

(c) contain a copy of any statement submitted to the Attorney-General under section 45F(1) during that year in relation to which the Director did not act under section 45F(2); and

(d) contain any other information required by the Attorney-General.

(3) The Attorney-General must cause each annual report submitted to him or her under this section to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be, after the report has been received by the Attorney-General.

(4) If the Director fails to submit an annual report to the Attorney-General by 31 October in any year, the Attorney-General must report or cause to be reported that failure and the reasons for that failure to each House of the Parliament.

Part 3—Chief Crown Prosecutor

13 Appointment

S. 13(1) amended by No. 18/2005 s. 18(Sch. 1 item 90.2).

(1) The Governor in Council may appoint as Chief Crown Prosecutor a person who is an Australian lawyer of not less than 8 years' standing.

S. 13(2) amended by No. 36/1995 s. 4(2).

(2) Subject to this Part, a person appointed as Chief Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.

14 Role of Chief Crown Prosecutor

The Chief Crown Prosecutor—

S. 14(a) amended by Nos 36/1995 s. 10(3), 3/2012 s. 9.

(a) subject to the general direction and control of the Director, has control of the day to day management of the Crown Prosecutors and Associate Crown Prosecutors so as to ensure that they perform their functions and duties in an effective, economic and efficient manner; and

(b) has, in addition to the functions and powers given to the Chief Crown Prosecutor by or under this or any other Act, all the functions and powers of a Crown Prosecutor.

15 Terms and conditions

S. 15(1) amended by No. 31/2021 s. 21.

(1) The Chief Crown Prosecutor is entitled to be paid the same salary as that payable to a judge of the County Court (other than the Chief Judge or the Deputy Chief Judge) under section 10 of the County Court Act 1958.

(2) The Chief Crown Prosecutor must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office.

S. 15(3) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).

(3) The office of Chief Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004.

S. 15A inserted by No. 83/2008 s. 20.

15A Salary sacrifice—Chief Crown Prosecutor

(1) The Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future salary as a Chief Crown Prosecutor as non-salary benefits of an equivalent value.

(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(3) The Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*

(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.

(5) If, before the commencement of section 20 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a Chief Crown Prosecutor entered into an arrangement under which the Chief Crown Prosecutor agreed to receive the whole or part of his or her total amount of salary as Chief Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(6) On and after the commencement of section 20 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).

(7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.

16 Resignation

The Chief Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation.

17 Suspension and removal from office

(1) The Governor in Council may suspend the Chief Crown Prosecutor from office.

(2) If the Chief Crown Prosecutor is suspended from office the Attorney-General must cause a full statement of the ground or grounds of the suspension to be laid before each House of Parliament on or before the 7th sitting day of that House after the suspension.

(3) The Governor in Council must remove the Chief Crown Prosecutor from office if each House of Parliament on or before the 7th sitting day of that House after the statement is laid before it passes a resolution declaring that the Chief Crown Prosecutor ought to be removed from office.

(4) If both Houses of Parliament do not pass a resolution of the kind specified in subsection (3) within the time specified in that subsection, the Governor in Council must without delay remove the suspension and restore the Chief Crown Prosecutor to office.

(5) The Chief Crown Prosecutor can only be removed from office in accordance with this section.

S. 18 (Heading) inserted by No. 23/2008 s. 21(1).

18 Pension of Chief Crown Prosecutor and of his or her partner and children

S. 18(1)
amended by Nos 23/2008 s. 21(2), 31/2021 s. 22.

(1) The Chief Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge or the Deputy Chief Judge) and his or her partner and children are entitled to under section 14 of the County Court Act 1958.

(2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County Court Act 1958 are liable to be suspended or determined.

S. 18(2A) inserted by No. 19/2001 s. 17(1).

(2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the County Court Act 1958 may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary.

S. 18(3) amended by No. 19/2001 s. 17(2).

(3) All pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.

19 Acting Chief Crown Prosecutor

(1) The Governor in Council may appoint a person who is eligible for appointment as the Chief Crown Prosecutor to act as the Chief Crown Prosecutor during any period when—

(a) the office of Chief Crown Prosecutor is vacant; or

(b) the Chief Crown Prosecutor is absent from duty or is, for any reason, unable to carry out the duties of the office.

(2) The Governor in Council may at any time terminate the appointment of the Acting Chief Crown Prosecutor.

(3) The Acting Chief Crown Prosecutor has, during the period of the appointment, the same powers and duties as the Chief Crown Prosecutor and may perform any of the functions of the Chief Crown Prosecutor.

(4) The Acting Chief Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council.

S. 19(5) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).

(5) The office of Acting Chief Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004.

S. 19A inserted by No. 83/2008 s. 21.

19A Salary sacrifice—Acting Chief Crown Prosecutor

(1) An Acting Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Acting Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value.

(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(3) An Acting Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*

(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.

(5) If, before the commencement of section 21 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an Acting Chief Crown Prosecutor entered into an arrangement under which the Acting Chief Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(6) On and after the commencement of section 21 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).

(7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.

S. 19B inserted by No. 3/2012 s. 10.

19B Chief Crown Prosecutor may act as Director

(1) The Chief Crown Prosecutor or the Acting Chief Crown Prosecutor may act as the Director during any period when—

(a) the office of Director is vacant; or

(b) the Director is absent from duty or is, for any reason, unable to carry out the duties of the office.

(2) Subsection (1) does not apply if the Governor in Council has appointed an Acting Director under section 9.

(3) The Chief Crown Prosecutor or the Acting Chief Crown Prosecutor, while acting as the Director under subsection (1)—

(a) has the same powers and duties as the Director; and

(b) may perform any of the functions of the Director.

20 Chief Crown Prosecutor is responsible to Director

(1) The Chief Crown Prosecutor is responsible to the Director for the due performance of his or her functions and exercise of his or her powers under this or any other Act.

S. 20(2) amended by No. 3/2012 s. 11(1).

(2) Nothing in subsection (1) or section 23(f) empowers the Director to give any direction to the Chief Crown Prosecutor with respect to—

S. 20(2)(a) amended by No. 68/2009 s. 89.

(a) filing an indictment against any person for an offence in the performance of the function of a Crown Prosecutor as mentioned in section 36(1)(a); or

S. 20(2)(b) amended by Nos 36/1995 s. 5(1), 3/2012 s. 11(2).

(b) the performance of his or her functions or the exercise of his or her powers as a member of the Director's Committee; or

S. 20(2)(c) inserted by No. 36/1995 s. 5(1).

21 Exercise of powers in cases of conflict of interest etc.

(1) If the Chief Crown Prosecutor considers it desirable in the interests of justice that he or she should not perform certain functions or exercise certain powers of the Chief Crown Prosecutor under this or any other Act, whether because of the existence or possible existence of a conflict of interest or for any other reason, he or she may report that fact to the Director.

(2) If the Director agrees that it is in the interests of justice that the Chief Crown Prosecutor should not perform the functions or exercise the powers to which a report under subsection (1) relates, he or she may request a Crown Prosecutor to perform those functions or exercise those powers.

(3) The performance of a function or the exercise of a power by a Crown Prosecutor under this section has the same effect for all purposes as it would have if it had been performed or exercised by the Chief Crown Prosecutor.

Part 4—Functions and powers of Director

22 Functions of Director

(1) The functions of the Director are—

(a) to institute, prepare and conduct on behalf of the Crown, proceedings in the High Court, Supreme Court or County Court in respect of any indictable offence;

S. 22(1)(ab) inserted by No. 68/2009 s. 90(1).

(ab) to take over and conduct any proceeding in respect of—

(i) a summary offence which has been transferred to the Supreme Court or the County Court under section 145 of the Criminal Procedure Act 2009;

(ii) a summary offence which is to be heard and determined by the Supreme Court or the County Court under section 242 or 243 of the Criminal Procedure Act 2009;

S. 22(1)(ab)(iii) inserted by No. 57/2017 s. 51, amended by No. 27/2018 s. 363(a).

(iii) a summary offence which has been transferred to the Supreme Court or the County Court under section 175 of the Serious Offenders Act 2018;

S. 22(1)(ab)(iv) inserted by No. 57/2017 s. 51, amended by No. 27/2018 s. 363(b).

(iv) a summary offence which is to be heard and determined by the Supreme Court or the County Court under section 176 of the Serious Offenders Act 2018;

(b) if he or she considers it desirable to do so—

S. 22(1)(b)(i) amended by No. 68/2009 s. 90(2).

(i) to institute, prepare and conduct any committal proceeding under the Criminal Procedure Act 2009;

S. 22(1)(b)(ii) amended by Nos 2/1998
s. 4, 68/2009 s. 90(3).

(ii) to take over and conduct any proceedings in respect of any summary or indictable offence;

S. 22(1)(b)(iii) amended by Nos 35/1996
s. 453(Sch. 1 item 69.3), 77/2008 s. 129(Sch. 2 item 22).

(iii) on behalf of the Crown, to assist a coroner or to instruct legal practitioners assisting a coroner in any inquest under the Coroners Act 2008;

S. 22(1)(ba) inserted by No. 2/1998
s. 5.

(ba) to institute, prepare and conduct on behalf of the Crown or be a party to—

(i) proceedings on an application under the Crimes (Confiscation of Profits) Act 1986 or the Confiscation Act 1997;

(ii) proceedings claiming any relief or remedy in the nature of certiorari, mandamus, prohibition or quo warranto in relation to a criminal proceeding;

S. 22(1)(ba)(iii) amended by No. 62/1999 s. 6(1).

(iii) proceedings on an application to a court for punishment of a person for a contempt of court committed, or for an injunction restraining a person from engaging in conduct that would or may constitute a contempt of court, in relation to a criminal proceeding (whether pending or otherwise);

S. 22(1)(c) amended by No. 62/1999 s. 6(2).

(c) to refer to the Attorney-General any matter in connection with which the Director considers that it may be desirable for the Attorney-General to apply to a court for punishment of a person for contempt of court;

S. 22(1)(ca) inserted by No. 2/1998
s. 6(1).

(ca) to grant indemnity from prosecution for any summary or indictable offence to a person on account of an undertaking given by that person to give evidence, or an understanding or expectation that that person will give evidence, in a specified proceeding;

S. 22(1)(cb) inserted by No. 2/1998
s. 6(1).

(cb) to give an undertaking to a person that an answer given, or statement or disclosure made, by that person in a specified proceeding will not be used in evidence against that person in any criminal proceeding, other than a proceeding in respect of the falsity of evidence given by that person;

S. 22(1)(cc) inserted by No. 6/2007
s. 3(1).

(cc) if the Director, with the consent of the Attorney-General, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth or another State or a Territory, to institute, prepare and conduct proceedings in accordance with that appointment, commission or authority;

S. 22(1)(cd) inserted by No. 3/2012 s. 12(1).

(cd) the functions in relation to the public prosecutions service set out in section 23;

S. 22(1)(ce) inserted by No. 81/2011 s. 20.

(ce) if the Director considers it desirable to do so, to provide advice to an agency, body or person that has a power to investigate or prosecute criminal offences, or a class of criminal offences, in relation to an investigation (including a reinvestigation of an offence of which a person has previously been acquitted) or a prosecution;

(d) any other functions that are given to the Director by or under this or any other Act.

S. 22(1A) inserted by No. 2/1998
s. 6(2).

(1A) An indemnity under subsection (1)(ca) or an undertaking under subsection (1)(cb) may be subject to such conditions (if any) as the Director considers appropriate.

S. 22(1B) inserted by No. 6/2007
s. 3(2).

(1B) The Attorney-General's consent under subsection (1)(cc) may be general or specific in nature.

S. 22(2) amended by No. 3/2012 s. 12(2).

(2) Despite subsection (1), if the performance by the Director of any function or the exercise by the Director of any power is dependent on the making of a special decision, the Director may only perform that function or exercise that power after having obtained the advice of the Director's Committee on that special decision.

S. 23 amended by Nos 36/1995 s. 10(4), 35/1996 s. 453(Sch. 1 item 69.4), 2/1998 s. 7, 18/2005 s. 18(Sch. 1 item 90.3), substituted by No. 3/2012 s. 13.

23 Functions of Director in relation to public prosecutions service

The Director has the following functions in relation to the public prosecutions service—

(a) to be the head of the public prosecutions service;

(b) to ensure that the public prosecutions service functions in an efficient, economic and effective manner;

(c) to recommend to the Attorney-General, after consulting with the Director's Committee, the appointment, re‑appointment or removal from office of Crown Prosecutors;

(d) after consulting with the Director's Committee, to appoint Associate Crown Prosecutors in accordance with Part 6;

(e) to appoint or remove a Solicitor for Public Prosecutions in accordance with Part 7;

(f) to give directions to the following persons in accordance with this Act—

(i) the Chief Crown Prosecutor;

(ii) Crown Prosecutors;

(iii) Associate Crown Prosecutors;

(iv) the Solicitor for Public Prosecutions.

24 Matters to which Director must have regard

In the performance of his or her functions the Director must have regard to—

(a) considerations of justice and fairness; and

(b) the need to conduct prosecutions in an effective, economic and efficient manner; and

(c) the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.

25 Power to discontinue criminal proceedings

S. 25(1) repealed by No. 68/2009 s. 91.

(2) Nothing in this Act affects or takes away from the power of the Attorney-General to enter a nolle prosequi in criminal proceedings.

S. 25A inserted by No. 3/2012 s. 14.

25A Guidelines—briefing legal practitioners other than Crown Prosecutors and Associate Crown Prosecutors

(1) The Director may establish guidelines on the classes of proceedings in which he or she is to be consulted before legal practitioners, other than Crown Prosecutors or Associate Crown Prosecutors, are briefed to appear on behalf of the Director.

(2) The Solicitor for Public Prosecutions must consult the Director before briefing a legal practitioner, other than a Crown Prosecutor or Associate Crown Prosecutor, to appear on behalf of the Director in a proceeding to which guidelines under subsection (1) apply.

S. 26 (Heading) inserted by No. 3/2012 s. 15(1).

26 Guidelines—prosecutions of offences

S. 26(1) amended by No. 3/2012 s. 15(2).

(1) Subject to this Act, the Director may establish guidelines with respect to the prosecution of offences for—

(a) Crown Prosecutors and other persons acting as Crown Prosecutors; and

S. 26(1)(ab) inserted by No. 36/1995 s. 10(5).

(ab) Associate Crown Prosecutors; and

S. 26(1)(b) amended by No. 37/2014 s. 10(Sch. item 137.2).

(b) police officers; and

S. 26(2) amended by No. 3/2012 s. 15(3).

(2) Nothing in subsection (1) entitles the Director to establish guidelines in relation to a particular case.

S. 26(3) amended by No. 3/2012 s. 15(4).

(3) The Director must cause a copy of any guidelines established under subsection (1) to be published in the Government Gazette.

S. 26(4) amended by Nos 36/1995 s. 10(6), 3/2012 s. 15(4).

(4) Nothing in subsection (1) or in any guidelines established under that subsection prevents the performance or exercise by a Crown Prosecutor or Associate Crown Prosecutor of any of his or her functions or powers under this or any other Act.

27 Director to be provided with certain information

(1) This section applies to an offence with which a person has been charged if—

S. 27(1)(a) amended by No. 3/2012 s. 16.

(a) the offence is one in respect of which a direction has been given by the Director's Committee under section 45A(1)(a); or

(b) the Director directs that the matter be referred to him or her; or

(2) If this section applies to the offence, the informant must provide to the Director—

(a) a full report of the circumstances of the offence; and

(b) copies of the statements of any witnesses; and

(d) any other information and material that the Director may require.

28 Director may request police assistance

(1) If in relation to a criminal proceeding under consideration or being conducted by the Director a matter arises that requires further investigation, the Director may in writing request the Chief Commissioner of Police for assistance in the conduct of that investigation.

(2) The Chief Commissioner of Police must as far as possible comply with a request under subsection (1).

29 Director may make request to Attorney-General

(1) The Director may request the Attorney-General to perform certain functions or exercise certain powers of the Director under this or any other Act if the Director considers it desirable in the interests of justice that he or she should not perform those functions or exercise those powers whether because of the existence or possible existence of a conflict of interest or for any other reason.

S. 29(2) amended by No. 36/1995 s. 5(2).

(2) If the Attorney-General agrees to a request under subsection (1) he or she may perform the functions or exercise the powers to which the request relates or request the Chief Crown Prosecutor or a Crown Prosecutor to perform those functions or exercise those powers.

S. 29(3) amended by No. 36/1995 s. 5(3).

(3) The performance of a function or the exercise of a power by the Attorney-General, the Chief Crown Prosecutor or a Crown Prosecutor under this section has the same effect for all purposes as it would have if it had been performed or exercised by the Director.

S. 30 amended by Nos 36/1995 s. 6(1), 2/1998 s. 8(1)(a)(2) (ILA s. 39B(1)).

30 Delegation

(1) Subject to subsection (2), the Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor any function or power of the Director under this Act other than—

S. 30(1)(a) amended by Nos 2/1998
s. 8(1)(b), 68/2009 s. 92(1).

(a) the power to file an indictment against any person for an offence; and

S. 30(1)(b) amended by No. 2/1998
s. 8(1)(c), repealed by No. 77/2013 s. 18(1).

S. 30(1)(c) substituted by No. 3/2012 s. 17.

(c) any function or power the Director has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8; and

S. 30(1)(ca) inserted by No. 3/2012 s. 17.

(ca) a power in relation to the appointment of the Solicitor for Public Prosecutions or Associate Crown Prosecutors; and

(d) this power of delegation.

S. 30(2) inserted by No. 2/1998
s. 8(2), amended by No. 68/2009 s. 92(2).

(2) The Director may only delegate his or her power to discontinue a prosecution to the Chief Crown Prosecutor or a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor and then only if the decision to discontinue the prosecution is not required to be treated as a special decision for the purposes of this Act.

S. 30(3) inserted by No. 2/1998
s. 8(2), substituted by No. 77/2013 s. 18(2).

(3) The Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor his or her power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding.

Part 5—Crown Prosecutors

31 Appointment

S. 31(1) amended by No. 18/2005 s. 18(Sch. 1 item 90.4).

(1) The Governor in Council may appoint as a Crown Prosecutor a person who is an Australian lawyer and who has practised as such for not less than 5 years.

(2) The Governor in Council may appoint as many Crown Prosecutors as are required.

(3) A person appointed as a Crown Prosecutor may be appointed as a Senior Crown Prosecutor.

S. 31(4) repealed by No. 77/2013 s. 19.

(5) An appointment as a Crown Prosecutor may be made on a full-time or part-time basis.

32 Terms and conditions

S. 32(1) amended by Nos 36/1995
s. 4(3), 3/2012 s. 18(1).

(1) Subject to subsection (1A), a person appointed as a Senior Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.

S. 32(1A) inserted by No. 3/2012 s. 18(2).

(1A) The reappointment of a Senior Crown Prosecutor may be for a period not exceeding 10 years if, at the reappointment date, the Senior Crown Prosecutor is entitled under section 35 to a pension if the Senior Crown Prosecutor resigns or retires.

(2) Any other Crown Prosecutor holds office for the term, not exceeding 10 years, that is specified in his or her instrument of appointment and is eligible for re-appointment.

(3) Despite anything to the contrary in subsection (1) or (2), the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 of the Commonwealth or a member of the staff of the Office within the meaning of that Act may be appointed under this Act as a Crown Prosecutor for the period that he or she is that Director or such a member.

S. 32(3A) inserted by No. 6/2007
s. 4, substituted by No. 77/2013 s. 20.

(3A) Despite anything to the contrary in subsection (1) or (2), any of the following persons may be appointed under this Act as a Crown Prosecutor—

(a) the Director of Public Prosecutions under the law of another State or a Territory;

(b) a member of staff of the office of that Director who is an Australian lawyer;

S. 32(3B) inserted by No. 77/2013 s. 20.

(3B) A person appointed under subsection (3A) holds office—

(a) for the term, not exceeding 20 years, specified in the instrument of appointment; or

(b) until the person ceases to be a person referred to in subsection (3A)(a), (b) or (c), if the cessation occurs before the term of appointment expires.

(4) A Crown Prosecutor is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.

(5) A Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council.

(6) A Crown Prosecutor appointed on a full-time basis must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office.

S. 32(7) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).

(7) The office of Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004.

S. 32A inserted by No. 83/2008 s. 22.

32A Salary sacrifice—Crown Prosecutors

(1) A Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Crown Prosecutor as non-salary benefits of an equivalent value.

(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.

(3) A Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General.

(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.

(5) If, before the commencement of section 22 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a Crown Prosecutor entered into an arrangement under which the Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as a Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.

(6) On and after the commencement of section 22 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3).

(7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.

33 Resignation

A Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation.

34 Removal from office

The Governor in Council may remove a Crown Prosecutor from office if—

(a) he or she becomes bankrupt; or

(b) in the opinion of the Governor in Council he or she is unable, because of mental illness, to perform the duties of the office; or

(c) he or she is absent from duty for 14 days (whether or not consecutive) in any period of 12 months without the approval of the Director but not including any absence occasioned by illness or other unavoidable cause; or

(d) he or she fails, without reasonable excuse, to comply with section 32(6); or

S. 34(e) substituted by No. 3/2012 s. 19.

(e) the Director, after consulting with the Director's Committee, recommends to the Attorney-General that the Crown Prosecutor be removed from office.

S. 35 (Heading) inserted by No. 23/2008 s. 21(3).

35 Pensions of Senior Crown Prosecutors and of their partners and children

S. 35(1) amended by Nos 23/2008 s. 21(4), 31/2021 s. 23.

(1) A Senior Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge or the Deputy Chief Judge) and his or her partner and children are entitled to under section 14 of the County Court Act 1958.

S. 35(2A) inserted by No. 19/2001 s. 18(1).

S. 35(3) amended by No. 19/2001 s. 18(2).

S. 35A inserted by No. 77/2013 s. 21.

35A Senior Crown Prosecutor may act as Chief Crown Prosecutor

S. 35A(1) substituted by No. 31/2021 s. 24.

(1) The Director's Committee may appoint a Senior Crown Prosecutor to act as the Chief Crown Prosecutor during any period when—

(a) the Chief Crown Prosecutor is acting as the Director under section 19B(1); or

(b) the office of the Chief Crown Prosecutor is vacant; or

(2) Subsection (1) does not apply if the Governor in Council has appointed an Acting Chief Crown Prosecutor under section 19.

(3) A Senior Crown Prosecutor, while acting as the Chief Crown Prosecutor under subsection (1)—

(a) has the same powers and duties as the Chief Crown Prosecutor; and

(b) may perform any of the functions of the Chief Crown Prosecutor.

36 Functions of Crown Prosecutors

(1) The functions of a Crown Prosecutor are—

S. 36(1)(a) amended by No. 68/2009 s. 93(1).

(a) in the name of the Director to file an indictment against any person for an offence in accordance with Part 5.2 of Chapter 5 of the Criminal Procedure Act 2009;

S. 36(1)(b) amended by No. 35/1996
s. 453(Sch. 1 item 69.5)

(b) to conduct, and appear in, proceedings on behalf of the Director;

S. 36(1)(ba) inserted by No. 6/2007
s. 5(1).

(ba) if the Crown Prosecutor, with the consent of the Director, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth or another State or a Territory, to institute, prepare and conduct proceedings in accordance with that appointment, commission or authority;

S. 36(2) amended by No. 68/2009 s. 93(2).

(2) Despite subsection (1)(a), no Crown Prosecutor may file an indictment against a person for an offence if the decision to file an indictment for that offence is a special decision.

S. 36(2A) inserted by No. 6/2007
s. 5(2).

(2A) The Director's consent under subsection (1)(ba) may be general or specific in nature.

(3) In the performance of his or her functions a Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.

S. 36(4) substituted by No. 3/2012 s. 20(1).

(4) A Crown Prosecutor is—

(a) subject to the general direction and control of the Director in the performance of the Crown Prosecutor's functions; and

(b) responsible to the Director for the due performance of the Crown Prosecutor's functions.

(5) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to a Crown Prosecutor with respect to—

S. 36(5)(a) amended by No. 68/2009 s. 93(3).

(a) filing an indictment against any person for an offence in the performance of the function mentioned in subsection (1)(a); or

S. 36(5)(b) amended by No. 36/1995 s. 5(4), substituted by No. 3/2012 s. 20(2).

(b) the functions and powers a Crown Prosecutor has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8; or

S. 36(5)(c) inserted by No. 36/1995 s. 5(4).

Pt 5A (Heading and ss 36A–36E) inserted by No. 36/1995 s. 7, amended by Nos 35/1996
s. 453(Sch. 1 item 69.5), 108/2004 s. 117(1) (Sch. 3 item 167.2), 18/2005 s. 18(Sch. 1 item 90.4), 83/2008 s. 23, repealed by No. 3/2012 s. 21.

Pt 6 (Heading and ss 37–39) amended by Nos 36/1995 ss 6(2), 8, 10(7), 35/1996 s. 453(Sch. 1 item 69.6), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.3), 68/2009 s. 94, substituted as Pt 6 (Heading and ss 37, 38) by No. 3/2012 s. 21.

Part 6—Associate Crown Prosecutors

S. 37 substituted by No. 3/2012 s. 21.

37 Appointment

(1) The Director, after consulting with the Director's Committee, may, on behalf of the Crown, appoint as an Associate Crown Prosecutor a person who is an Australian lawyer and who has practised as such for not less than 3 years.

(2) The appointment is to be made under Part 3 of the Public Administration Act 2004.

(3) The designation of the Solicitor for Public Prosecutions under the Public Administration Act 2004 as having the functions of a public service body Head in relation to Associate Crown Prosecutors does not affect the operation of subsections (1) and (2).

(4) The Director has no power to remove an Associate Crown Prosecutor.

Note

Associate Crown Prosecutors appointed under this section may have their employment terminated by the Solicitor for Public Prosecutions in accordance with Division 8 of Part 3 of the Public Administration Act 2004. This is because the Solicitor for Public Prosecutions has the functions of a public service body Head under that Act in respect of those Associate Crown Prosecutors.

S. 38 substituted by No. 3/2012 s. 21.

38 Functions of Associate Crown Prosecutors

(1) The functions of an Associate Crown Prosecutor are—

(a) to conduct, and appear in, proceedings on behalf of the Director;

(b) any other functions that are given to Associate Crown Prosecutors by or under this or any other Act or by the Director.

(2) In the performance of his or her functions an Associate Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.

(3) An Associate Crown Prosecutor is—

(a) subject to the general direction and control of the Director in the performance of the Associate Crown Prosecutor's functions; and

(b) responsible to the Director for the due performance of the Associate Crown Prosecutor's functions; and

Note

The Solicitor for Public Prosecutions has the functions of a public service body Head under the Public Administration Act 2004 in relation to Associate Crown Prosecutors.

(4) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to an Associate Crown Prosecutor with respect to the functions and powers an Associate Crown Prosecutor has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8.

Pt 7 (Heading and ss 40, 41) amended by Nos 36/1995 s. 6(3), 46/1998 s. 7(Sch. 1), 4/2004 s. 5, 108/2004 s. 117(1) (Sch. 3 item 167.3), substituted as Pt 7 (Heading and ss 39–44) by No. 3/2012 s. 21.

Part 7—Office of Public Prosecutions

Division 1—Office of Public Prosecutions

S. 39 substituted by No. 3/2012 s. 21.

39 Office of Public Prosecutions

(1) There continues to be established an Office of Public Prosecutions.

(2) The Office consists of—

(a) the Solicitor for Public Prosecutions; and

(b) as many other members of staff as are necessary to enable the Office to do its work.

S. 40 substituted by No. 3/2012 s. 21.

40 Employment of staff

The members of staff of the Office of Public Prosecutions referred to in section 39(2)(b) are to be employed under Part 3 of the Public Administration Act 2004.

S. 41 substituted by No. 3/2012 s. 21.

41 Functions of Office

(1) The functions of the Office of Public Prosecutions are—

(a) to prepare and conduct effectively, economically and efficiently on behalf of the Director—

(i) any proceeding or other matter referred to in section 22(1);

(ii) any other proceeding or matter in which the Director is involved;

(b) to provide for the appearance of members of staff of the Office of Public Prosecutions in proceedings on behalf of the Director in accordance with guidelines established by the Director's Committee under section 45A(1)(c).

(2) In the performance of the functions of the Office of Public Prosecutions, members of staff of the Office must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.

Division 2—Solicitor for Public Prosecutions

S. 42 substituted by No. 3/2012 s. 21.

42 Appointment

(1) The Director may, on behalf of the Crown, appoint a person as the Solicitor for Public Prosecutions.

(2) The appointment is to be an executive appointment under Part 3 of the Public Administration Act 2004.

Notes

1 The Solicitor for Public Prosecutions has the functions of a public service body Head under the Public Administration Act 2004 in relation to the Office of Public Prosecutions and Associate Crown Prosecutors appointed under section 37.

2 The Solicitor for Public Prosecutions is required to prepare a report of operations and financial statements of the Office of Public Prosecutions for each financial year under Part 7 of the Financial Management Act 1994.

S. 43 substituted by No. 3/2012 s. 21.

43 Functions of Solicitor for Public Prosecutions

(1) The functions of the Solicitor for Public Prosecutions are—

(a) to manage the Office of Public Prosecutions on behalf of the Director; and

(b) to brief Crown Prosecutors or Associate Crown Prosecutors to appear in proceedings on behalf of the Director or, subject to section 25A, legal practitioners other than Crown Prosecutors or Associate Crown Prosecutors; and

(d) any other functions that are given to the Solicitor for Public Prosecutions by or under this or any other Act or by the Director.

(2) Nothing in subsection (1)(b) affects or takes away from the authority of the Chief Crown Prosecutor under section 14(a).

(3) In the performance of his or her functions the Solicitor for Public Prosecutions must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime.

(4) The Solicitor for Public Prosecutions is—

(a) subject to the general direction and control of the Director in the performance of the Solicitor's functions; and

(b) responsible to the Director for the due performance of the Solicitor's functions.

(5) Nothing in this section or section 31A of the Public Administration Act 2004 affects or takes away from the role of the Chief Crown Prosecutor in controlling the day to day management of Associate Crown Prosecutors under section 14(a).

S. 44 substituted by No. 3/2012 s. 21.

44 Delegation

The Solicitor for Public Prosecutions may, by instrument, delegate to any member of staff employed in the Office of Public Prosecutions any function or power of the Solicitor for Public Prosecutions under this Act, other than this power of delegation.

Pt 8 (Heading and ss 42–45) amended by No. 36/1995 s. 10(8)(9), substituted as Pt 8 (Heading and ss 45–45H) by No. 3/2012 s. 21.

Part 8—The Director's Committee

Division 1—Establishment and functions of Director's Committee

S. 45 substituted by No. 3/2012 s. 21.

45 Director's Committee

(1) There is established a Director's Committee.

(2) Subject to this Part, the Director's Committee consists of the following persons—

(a) the Director, who is to be the Chairperson;

(b) the Chief Crown Prosecutor;

(3) Subject to Division 2, the Director's Committee may regulate its own meeting procedure.

S. 45A inserted by No. 3/2012 s. 21.

45A Functions of Director's Committee

(1) The Director's Committee has the following functions—

S. 45A(1)(a) amended by No. 37/2014 s. 10(Sch. item 137.2).

(a) to give directions to police officers and other persons in relation to the offences or classes of offence that are to be referred to the Director for the institution and conduct of proceedings;

(b) to establish guidelines in accordance with section 45B on the circumstances in which a decision of a kind referred to in paragraph (b) of the definition of special decision is not to be treated as a special decision for the purposes of this Act;

(c) to establish guidelines on the circumstances in which members of staff of the Office of Public Prosecutions may appear in court;

(d) the functions in relation to special decisions set out in Division 2;

S. 45A(1)(da) inserted by No. 77/2013 s. 22.

(da) to appoint a Senior Crown Prosecutor to act as the Chief Crown Prosecutor under section 35A(1);

(e) to consult with the Director in relation to the appointment or reappointment of a Crown Prosecutor or Associate Crown Prosecutor;

(f) to consult with the Director in relation to the removal of a Crown Prosecutor from office;

(g) to provide advice to the Director in relation to the public prosecutions service.

(2) Nothing in this section empowers the Director's Committee to give any direction to the Director, the Chief Crown Prosecutor, any Crown Prosecutor or Associate Crown Prosecutor or the Solicitor for Public Prosecutions with respect to the performance or exercise of his or her functions or powers.

S. 45B inserted by No. 3/2012 s. 21.

45B Guidelines—regarding special decisions

In establishing guidelines under section 45A(1)(b), the Director's Committee must have regard to the need to ensure that the decision-making process is not unnecessarily protracted in cases where—

(a) because of a change in circumstances since the committal proceeding there is not any reasonable prospect of conviction on the charge or all the charges on which a person was committed for trial; and

(b) in the particular circumstances only one decision could reasonably be made in relation to the charge or all the charges on which a person was committed for trial; or

(c) the nature and gravity of the charge or all the charges on which a person was committed for trial was not such as to warrant a decision in relation to it or them being treated as a special decision.

Division 2—Special decisions

S. 45C inserted by No. 3/2012 s. 21.

45C Meeting to be held for special decisions

(1) Before making a special decision, the Director must hold a meeting of the Director's Committee to consider the decision.

(2) The purpose of the meeting is to provide advice to the Director on the special decision in relation to which it is held.

S. 45D inserted by No. 3/2012 s. 21.

45D Constitution of Director's Committee for meeting on special decision

(1) For the purposes of a meeting referred to in section 45C, the Director's Committee is to be constituted by—

(a) the Director, who is to be the chairperson; and

(b) the Chief Crown Prosecutor; and

(c) in the case of a special decision of a kind referred to in paragraph (d) or (e) of the definition of that term in section 3—

(i) the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned; or

(ii) if both a Crown Prosecutor and an Associate Crown Prosecutor are concerned, the Crown Prosecutor concerned; or

(iii) if more than one Crown Prosecutor is concerned, the most senior Crown Prosecutor concerned; or

(iv) if more than one Australian lawyer (other than a Crown Prosecutor or an Associate Crown Prosecutor) is concerned, the most senior counsel concerned; or

(v) if one or more than one Crown Prosecutor and one or more than one Associate Crown Prosecutor or other Australian lawyer are concerned, the most senior Crown Prosecutor concerned; or

(vi) if the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned is not available, the most senior Crown Prosecutor available; and

(d) in any other case, the most senior Crown Prosecutor available.

Note

The Solicitor for Public Prosecutions is not a member of the Director's Committee for the purposes of a meeting on a special decision.

(2) Subject to this Division, the Director's Committee may regulate its own meeting procedure under this Division.

S. 45E inserted by No. 3/2012 s. 21.

45E When meeting not required

Despite section 45C, the Director is not required to convene a meeting of the Director's Committee in relation to a particular special decision if the Chief Crown Prosecutor and the person referred to in section 45D(1)(c) or (d) (as the case requires) have each—

(a) provided written advice to the Director on the special decision; and

(b) informed the Director in writing that, in his or her opinion, it is not necessary to convene a meeting of the Committee.

S. 45F inserted by No. 3/2012 s. 21.

45F Report to Attorney-General if advice not followed

S. 45F(1) amended by No. 70/2013 s. 3(Sch. 1 item 43).

(1) If the Director makes a special decision contrary to the advice of the other two members of the Director's Committee, he or she must as soon as practicable submit to the Attorney-General, for laying before Parliament, a statement in writing setting out that decision and the reason or reasons for it.

(2) The Director may, at the time of submitting a statement to the Attorney-General under subsection (1), inform the Attorney-General in writing that in his or her opinion the interests of justice require that the statement not be laid before Parliament until all proceedings in relation to the matter (including proceedings by way of appeal from, or otherwise arising out of, proceedings in relation to the matter) are determined or discontinued.

(3) If the Director acts under subsection (2) in relation to a matter, he or she must inform the Attorney-General in writing that all proceedings in relation to that matter have been determined or discontinued within 7 days after that determination or discontinuance occurring.

S. 45G inserted by No. 3/2012 s. 21.

45G Report to be tabled in Parliament

The Attorney-General must cause a statement submitted to him or her under section 45F(1) to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be—

(a) after the receipt by him or her of the statement; or

(b) after being informed by the Director under section 45F(3) of the determination or discontinuance of all proceedings in relation to the matter if, at the time of submitting the statement to the Attorney-General, the Director acted under section 45F(2) and the Attorney-General considered that the interests of justice required that the statement not be laid before Parliament until all proceedings referred to in that subsection had been determined or discontinued.

S. 45H inserted by No. 3/2012 s. 21.

45H Delegation of functions in relation to special decisions

S. 45H(1) amended by No. 77/2013 s. 23(1)(a).

(1) Despite anything to the contrary in this Act, if the Director will not be available for any reason to act as a member of the Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this Division in respect of that period to the Chief Crown Prosecutor.

S. 45H(1)(a)(b) repealed by No. 77/2013 s. 23(1)(b).

S. 45H(2) amended by No. 77/2013 s. 23(2)(a).

(2) Despite anything to the contrary in this Act, if the Chief Crown Prosecutor will not be available for any reason to act as a member of the Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this Division in respect of that period to a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor.

S. 45H(2)(a)(b) repealed by No. 77/2013 s. 23(2)(b).

(3) If the functions and powers of the Director under this Division in respect of a particular period are delegated to the Chief Crown Prosecutor under subsection (1), the Chief Crown Prosecutor must, by instrument, delegate in accordance with subsection (2) (as if he or she were not available) his or her functions and powers under this Division in respect of that period.

(4) If a person to whom functions and powers are delegated in accordance with subsection (1) or (2) has begun to consider a special decision but the period of delegation expires before his or her functions under this section have been completed in relation to that decision, the delegate must complete those functions in all respects as if the delegation had not expired.

Part 9—Miscellaneous

S. 46 amended by No. 44/1997
s. 32,
repealed by No. 62/1999 s. 7, new s. 46 inserted by No. 4/2004 s. 3.

46 Immunity

(1) This section applies to a person who is or has been (whether before or after the commencement of section 3 of the Public Prosecutions (Amendment) Act 2004)—

(a) the Director;

(b) the Chief Crown Prosecutor;

S. 46(1)(d) substituted by No. 3/2012 s. 22(1).

(d) an Associate Crown Prosecutor appointed under section 36A as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012;

S. 46(1)(e) substituted by No. 3/2012 s. 22(2).

(e) the Solicitor for Public Prosecutions appointed under section 37 as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012;

(f) a member of staff employed in the Office of Public Prosecutions in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director;

S. 46(1)(g) amended by No. 3/2012 s. 22(3).

(g) a member of the Committee for Public Prosecutions appointed under section 42(2)(d) as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012;

(h) the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 or a Prosecutor for the Queen holding office before the commencement of section 51(3) of this Act under section 352 of the Crimes Act 1958;

(i) a member of staff referred to in section 51(8) employed in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982.

(2) A person to whom this section applies is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982.

(3) Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the State.

S. 47 amended by No. 68/2009 s. 95.

47 Outcome of trial cannot be challenged etc. on ground relating to special decision

A verdict returned by a jury on a trial on indictment or an order made by a court on or in connection with such a verdict is not liable to be challenged, appealed against, reviewed, quashed, set aside or called in question in any legal proceeding (including a proceeding for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief) on the ground that the filing of the indictment was dependent on the making of a special decision and that the procedures prescribed by this Act with respect to the making of special decisions had not been complied with in relation to that special decision.

48 Judicial notice

All courts must take judicial notice of—

S. 48(a) amended by No. 36/1995 s. 10(10)(a), substituted by No. 3/2012 s. 23.

(a) the signature of any person who is or has been—

(i) the Director or an Acting Director; or

(ii) the Chief Crown Prosecutor or an Acting Chief Crown Prosecutor; or

(iii) a Crown Prosecutor; or

(iv) an Associate Crown Prosecutor who was appointed before the commencement of section 21 of the Public Prosecutions Amendment Act 2012—

where that signature purports to be on any official document; and

S. 48(b) amended by No. 36/1995 s. 10(10)(b).

(b) the fact that that person is or was the Director, Acting Director, Chief Crown Prosecutor, Acting Chief Crown Prosecutor, Crown Prosecutor or Associate Crown Prosecutor (as the case requires).

S. 48A inserted by No. 36/1995 s. 9, amended by No. 3/2012 s. 24.

48A Consolidated annual report

The Attorney-General may consolidate in the one document both the report under section 12 of this Act and the report of operations of the Office of Public Prosecutions under Part 7 of the Financial Management Act 1994.

S. 49 amended by No. 62/1999 s. 8, substituted by No. 68/2009 s. 96.

49 Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from—

(a) entertaining any proceeding in which a verdict returned by a jury on a trial on indictment or an order made by a court on or in connection with such a verdict is sought to be challenged, appealed against, reviewed, quashed, set aside or called in question on the ground that the filing of the indictment was dependent on the making of a special decision and that the procedures prescribed by this Act with respect to the making of special decisions had not been complied with in relation to that special decision; or

(b) entertaining any application by a person for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief in respect of a verdict returned by a jury on a trial on indictment or an order made by a court on or in connection with such a verdict on the ground referred to in paragraph (a).

50 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

51 Transitional provisions

(1) The office of Director of Public Prosecutions under this Act must be taken to be the same office as the office of Director of Public Prosecutions under the Director of Public Prosecutions Act 1982.

(2) The person holding office as Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 immediately before the commencement of this subsection must be taken to have been appointed as Director under this Act and, despite section 4(2), to have been so appointed until he attains the age of 65 years.

(3) On the commencement of this subsection the office of Prosecutor for the Queen is abolished and any holder of that office goes out of office.

(4) A person holding office as a Prosecutor for the Queen under section 352 of the Crimes Act 1958 immediately before the commencement of subsection (3) is, despite section 32, entitled to be appointed with effect from that commencement as a Crown Prosecutor under this Act—

(a) for a term equal to the balance of the term of his or her appointment as a Prosecutor for the Queen immediately before that commencement; and

(b) with any entitlement in relation to leave of absence that, in the opinion of the Attorney-General, had or may have accrued to him or her in the office of Prosecutor for the Queen immediately before that commencement; and

(5) The terms and conditions with respect to salary and superannuation specified in the instrument of appointment of a person referred to in subsection (4) must be no less favourable to that person than those on which he or she held office as a Prosecutor for the Queen immediately before the commencement of subsection (3).

(6) The making presentment at the Supreme Court or County Court of any person for an offence is not in any way affected by reason only of the abolition of the office of Prosecutor for the Queen and any presentment that was signed before the commencement of subsection (3) by a person who then held the office of Prosecutor for the Queen but which was not filed at that Court before that commencement is valid if at the time of its filing at that Court the person who signed it holds the office of Crown Prosecutor under this Act.

(7) Any reference to a Prosecutor for the Queen in any Act or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or in any other document whatsoever shall, so far as it relates to any period after the commencement of subsection (3) and if not inconsistent with the context or subject-matter, be construed as a reference to a Crown Prosecutor.

(8) All staff holding an appointment under section 8 of the Director of Public Prosecutions Act 1982 immediately before the commencement of this subsection must be taken to be employed in the Office of Public Prosecutions on and from that commencement.

(9) Despite the repeal by this Act of section 18(3) of the Director of Public Prosecutions Act 1982, the Director continues, subject to this Act, to have the power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding despite the Act conferring that power on the Attorney-General or a law officer.

(10) Despite anything to the contrary in this or any other Act and despite the repeal by this Act of section 16 of the Director of Public Prosecutions Act 1982—

(a) the Director must prepare and deliver to the Attorney-General in accordance with that section a report on the operations of the Director's office during the period beginning 1 July 1993 and ending on the day before the day on which section 52 of this Act comes into operation;

(b) the report prepared and submitted to the Attorney-General by the Director in accordance with section 12 of this Act for the period ending 30 June 1995 must be for the period beginning on the day on which section 52 comes into operation and ending 30 June 1995;

(c) the report prepared and submitted to the Attorney-General by the Committee for Public Prosecutions in accordance with section 45 of this Act for the period ending 30 June 1995 must be for the period beginning on the day on which section 52 comes into operation and ending 30 June 1995.

(11) An application made before the commencement of section 46 to a court for punishment of a person for a contempt of court that involves an interference with the administration of justice is not in any way affected by that section and that application may be dealt with in all respects as if this Act had not been passed.

S. 51A inserted by No. 2/1998
s. 9.

51A Transitional provisions (1998 amendments)

The amendment of section 22(1)(b)(ii) made by section 4 of the Public Prosecutions (Amendment) Act 1998 applies to proceedings in respect of an indictable offence, irrespective of whether they were commenced before or after the commencement of that amendment.

S. 52 repealed by No. 2/1998 s. 10(1),
new s. 52 inserted by No. 62/1999 s. 9.

52 Transitional provisions (1999 amendments)

(1) The repeal of section 8 by section 5 of the Public Prosecutions (Amendment) Act 1999 does not affect the pension entitlements immediately before the commencement of this subsection of the Director and his or her spouse and children.

(2) The repeal of section 46 by section 7 of the Public Prosecutions (Amendment) Act 1999 does not affect any application made before the commencement of this subsection to a court for the punishment of a person for a contempt of court and that application may be dealt with in all respects as if section 46 had not been repealed.

(3) Subject to Part IIIA of the Constitution Act 1975, the person holding office as Director of Public Prosecutions under this Act immediately before the commencement of section 10 of the Public Prosecutions (Amendment) Act 1999 continues to hold office as Director of Public Prosecutions after that commencement for the balance of his term of appointment, on the same terms and conditions as those on which he held office before that commencement, as if he had been appointed under section 87AB of the Constitution Act 1975.

(4) The office of Director of Public Prosecutions under Part IIIA of the Constitution Act 1975 must be taken to be the same office as the office of Director of Public Prosecutions under this Act.

S. 53 repealed by No. 2/1998 s. 10(1),
new s. 53 inserted by No. 4/2004 s. 4.

53 Transitional provision (2004 amendment)

Section 46, as inserted by section 3 of the Public Prosecutions (Amendment) Act 2004—

(a) applies to causes of action irrespective of whether the act or omission alleged to have resulted in the liability occurred before or after the commencement of that Act; but

(b) does not affect the rights of the parties—

(i) in the proceeding known as Cannon v Tahche (No. 6041 of 1997) in the Supreme Court of Victoria; or

(ii) in any other proceeding commenced before the commencement of that Act.

S. 54 repealed by No. 2/1998 s. 10(1),
new s. 54 inserted by No. 50/2006 s. 37.

54 Transitional provision (2006 amendment)

The amendments of section 3 made by section 36 of the Courts Legislation (Jurisdiction) Act 2006 apply to a decision to make presentment of a person for an offence made on or after the commencement of that section of that Act, irrespective of when the offence is alleged to have been committed.

S. 55 repealed by No. 2/1998 s. 10(1),
new s. 55 inserted by No. 6/2007
s. 6.

55 Validation provision

Anything done or purported to have been done under this Act before the commencement of the Public Prosecutions Amendment Act 2006 that would have been validly done had that Act been in operation at the time at which the thing was done or purported to have been done has, and is deemed always to have had, the same force and effect as it would have had if the Public Prosecutions Amendment Act 2006 had been in operation at the time at which the thing was done or purported to have been done.

S. 56 repealed by No. 2/1998
s. 10(1),
new s. 56 inserted by No. 3/2012
s. 25.

56 Transitional provisions (2012 amendment)

(1) In this section—

appointed Associate Crown Prosecutor means a person who, immediately before the commencement day, held office as an Associate Crown Prosecutor;

appointed Solicitor for Public Prosecutions means the person who, immediately before the commencement day, held office as the Solicitor for Public Prosecutions;

commencement day means the day on which section 21 of the Public Prosecutions Amendment Act 2012 comes into operation;

old appearance guidelines means the guidelines established under section 43(1)(e) as in force immediately before the commencement day;

old briefing guidelines means the guidelines established under section 38(1A) as in force immediately before the commencement day;

old decision guidelines means the guidelines established under section 43(1)(d) as in force immediately before the commencement day;

old direction means a direction given under section 43(1)(c) as in force immediately before the commencement day.

(2) Sections 36A to 36D as in force immediately before the commencement day continue to apply to an appointed Associate Crown Prosecutor for the remainder of the term of his or her appointment and section 37 as in force on and after the commencement day does not apply to that person during that period of appointment.

(3) Section 37 as in force immediately before the commencement day continues to apply to the appointed Solicitor for Public Prosecutions for the remainder of the term of his or her appointment and section 42 as in force on and after the commencement day does not apply to that person during that period of appointment.

(4) On and after the commencement day, the old appearance guidelines are taken to be guidelines established by the Director's Committee under section 45A(1)(c).

(5) On and after the commencement day, the old briefing guidelines are taken to be guidelines established by the Director under section 25A.

(6) On and after the commencement day, the old decision guidelines are taken to be guidelines established by the Director's Committee under section 45A(1)(b).

(7) On and after the commencement day, an old direction is taken to be a direction given by the Director's Committee under section 45A(1)(a).

Sch.
repealed by No. 2/1998
s. 10(2).

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 April 1994

Legislative Council: 25 May 1994

The long title for the Bill for this Act was "A Bill to provide for the appointment of a Director of Public Prosecutions, a Chief Crown Prosecutor, Crown Prosecutors and a Solicitor for Public Prosecutions, to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee, to make fresh provision with respect to the manner of dealing with certain contempts of court, to establish an Office of Public Prosecutions and a Committee for Public Prosecutions, to repeal the Director of Public Prosecutions Act 1982, to amend the Constitution Act 1975, the County Court Act 1958 and the Crimes (Criminal Trials) Act 1993 and make consequential amendments to certain other Acts and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 21 April 1994

Legislative Council: 25 May 1994

Absolute majorities:

Legislative Assembly: 24 May 1994

Legislative Council: 27 May 1994

The Public Prosecutions Act 1994 was assented to on 7 June 1994 and came into operation as follows:

Part 1 (sections 1–3) on 7 June 1994: section 2(1); rest of Act on 1 July 1994: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Public Prosecutions Act 1994 by Acts and subordinate instruments.

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Constitution (Court of Appeal) Act 1994, No. 109/1994

Assent Date:	20.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:	All of Act in operation

Public Prosecutions (Amendment) Act 1995, No. 36/1995

Assent Date:	6.6.95
Commencement Date:	6.6.95
Current State:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 69.1–69.6) on 1.1.97: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Law and Justice Legislation Amendment Act 1997, No. 44/1997

Assent Date:	11.6.97
Commencement Date:	S. 32 on 11.6.97: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions (Amendment) Act 1998, No. 2/1998

Assent Date:	31.3.98
Commencement Date:	31.3.98
Current State:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions (Amendment) Act 1999, No. 62/1999

Assent Date:	21.12.99
Commencement Date:	22.12.99: s. 2
Current State:	All of Act in operation

Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001

Assent Date:	29.5.01
Commencement Date:	Ss 17, 18 on 30.5.01: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions (Amendment) Act 2004, No. 4/2004

Assent Date:	27.4.04
Commencement Date:	28.4.04: s. 2
Current State:	All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 167) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 90) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Courts Legislation (Jurisdiction) Act 2006, No. 50/2006

Assent Date:	15.8.06
Commencement Date:	Ss 36, 37 on 16.8.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions Amendment Act 2007, No. 6/2007

Assent Date:	20.3.07
Commencement Date:	21.3.07: s. 2
Current State:	All of Act in operation

Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008

Assent Date:	3.6.08
Commencement Date:	S. 21 on 4.6.08: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 129(Sch. 2 item 22) on 1.11.09: s. 2
Current State:	The information relates only to the provision/s amending the Public Prosecutions Act 1994

Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008

Assent Date:	11.12.08
Commencement Date:	Ss 20–23 on 11.12.08: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 21) on 1.12.09: s. 2(2)
Current State:	The information relates only to the provision/s amending the Public Prosecutions Act 1994

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	Ss 88–96 on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011

Assent Date:	21.12.11
Commencement Date:	S. 20 on 18.3.12: Special Gazette (No. 66) 6.3.12 p. 1
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions Amendment Act 2012, No. 3/2012

Assent Date:	14.2.12
Commencement Date:	Ss 4–25 on 6.3.12: Special Gazette (No. 54) 28.2.12 p. 1
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 43) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013

Assent Date:	17.12.13
Commencement Date:	Ss 18–23 on 18.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 82) on 1.7.15: Special Gazette (No. 151) 16.6.15. p. 1
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 137) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:	8.11.17
Commencement Date:	S. 51 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	S. 363 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021

Assent Date:	10.8.21
Commencement Date:	S. 24 on 11.8.21: s. 2(1); ss 21–23 on 26.10.21: Special Gazette (No. 596) 26.10.21 p. 1
Current State:	This information relates only to the provision/s amending the Public Prosecutions Act 1994

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3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

No entries at date of publication.

Public Prosecutions Act 1994

Plain English Summary

Deep Dive

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Public Prosecutions Act 1994

Source text: opening excerpt

1 Public Prosecutions Act 1994

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