Director of Public Prosecutions Act 1983
No. 113, 1983
Compilation No. 32
Compilation date: 11 December 2024
Includes amendments: Act No. 115, 2024
About this compilation
This compilation
This is a compilation of the Director of Public Prosecutions Act 1983 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation
4 Extension to external Territories
5 Office of the Director of Public Prosecutions
6 Functions of Director
7 Consultation
8 Directions and guidelines by Attorney‑General
9 Powers of Director
10 Powers and functions of Director do not affect those of certain other persons
11 Directions and guidelines by Director
12 Provision of information to Director
13 Director may request assistance of Commissioner of Police
14 Director to inform court when taking over or carrying on proceedings
15 Appearances by and on behalf of Director
15A Appearances on behalf of Director in summary or committal proceedings
16 Right of Director and staff to practise in their official capacity
16A Prohibition of publication of evidence etc. in certain proceedings
17 States may give members of staff of Office prosecution and appeal functions relating to State offences
18 Appointment, and terms and conditions of appointment, of Director
18A Appointment etc. of Associate Director
18B Exercise of powers and functions by Associate Director
19 Remuneration and allowances
20 Leave of absence
21 Resignation
22 Director or Associate Director not to undertake other work
23 Termination of appointment
24 Disclosure of interests
25 Oath or affirmation of office
26 Acting appointments—Director
26A Acting appointments—Associate Director
27
Overview
The Director of Public Prosecutions Act 1983 (Cth) was enacted to establish an Office of the Director of Public Prosecutions and define its functions and powers, thereby centralising the prosecution of Commonwealth offences and streamlining the legal process. This Act was introduced by the Parliament of Australia to address the need for a dedicated body to handle federal prosecutions, ensuring consistency and efficiency in the legal proceedings. The Act outlines the roles, responsibilities, and operational framework of the Director of Public Prosecutions, including the authority to institute and carry on prosecutions, the ability to consent to prosecutions, and the power to delegate functions. The policy objective behind this legislation is to provide a unified approach to the prosecution of Commonwealth offences, enhancing the effectiveness and integrity of federal law enforcement.
Scope and Application
The Director of Public Prosecutions Act 1983 establishes the Office of the Director of Public Prosecutions and delineates the roles, powers, and functions of the Director of Public Prosecutions (the Director) and the Associate Director of Public Prosecutions (the Associate Director). The Act applies to the Commonwealth of Australia and extends to all external Territories. The Director is responsible for instituting and carrying on prosecutions for indictable offences against Commonwealth laws, as well as for summary convictions and civil remedies, among other functions. The Director also has the authority to take over prosecutions instituted by others, subject to certain conditions, and can consent to prosecutions for specific offences under instruments specified by the Attorney-General. The Act provides for the Director's powers to give undertakings regarding the admissibility of evidence and immunity from prosecution, and it outlines the procedures for appearances by and on behalf of the Director in various proceedings. The Act also addresses the appointment, terms, and conditions of service for the Director and the Associate Director, including their eligibility criteria, remuneration, allowances, and the process for termination of their appointments. Furthermore, the Act details the administrative arrangements for the Office, including the delegation of functions and powers, the engagement of staff and consultants, and the interaction with other authorities such as the Australian Government Solicitor. The Act includes provisions for immunity from civil proceedings for the Director, staff of the Office, and other designated persons acting in their official capacities.
Key Provisions
- The Director of Public Prosecutions Act 1983 (the "Act") establishes the Office of the Director of Public Prosecutions and outlines the functions, powers, and obligations of the Director of Public Prosecutions (the "Director") and other related personnel. The key provisions of the Act include the establishment of the Office, the functions of the Director, the appointment and terms of office for the Director and the Associate Director, and the powers and obligations of the Director in relation to prosecutions and proceedings. The Director has broad powers to institute and carry on prosecutions, undertake civil remedies, and consent to prosecutions for offences against Commonwealth laws. The Director can also give undertakings regarding the admissibility of evidence in certain proceedings. The Act imposes various obligations on the Director and the Office, including the duty to consult with the Attorney-General, comply with directions or guidelines from the Attorney-General, and provide information to the Director in certain circumstances. The Director must also disclose any pecuniary interests and make an oath or affirmation before taking office. The Act imposes penalties and consequences for breaches, including the potential for disciplinary action or termination of appointment for the Director or Associate Director. The Act also provides for immunity from civil proceedings for certain actions taken in good faith under the Act.
- Area of Law
- Criminal Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Delegated & Subordinate Legislation
- Transitional Provisions
- Regulatory Standards
- Civil Penalty Provisions
- Enforcement Powers
- Prohibited Conduct