Director of Public Prosecutions v Offe (No 4)

In this case, the Director of Public Prosecutions for the Australian Capital Territory sought to prosecute an individual for offences occurring within the Parliamentary precincts in Canberra. The accused challenged the jurisdiction of the ACT Director of Public Prosecutions to institute the prosecution, arguing that such matters should be governed by Commonwealth laws rather than ACT laws. The case was heard in the ACT Supreme Court, where the accused applied to have the indictment dismissed on jurisdictional grounds.

The central legal issues before the court were whether the ACT Crimes Act 1900 applied to offences within the Parliamentary precincts and whether the ACT Director of Public Prosecutions had the authority to prosecute such offences. The court had to determine whether the ACT Crimes Act, as a law of general operation, extended to the Parliamentary precincts and if there was any inconsistency between the powers of the Presiding Officers of Parliament and the provisions of the Crimes Act. Furthermore, the court examined the legislative framework governing the prosecution of offences within the Parliamentary precincts, including the arrangements between the Presiding Officers of Parliament and the Commonwealth Director of Public Prosecutions.

The court found that the ACT Crimes Act 1900 was a law of general operation and did not require a resolution of a House of Parliament to be disapplied in the Parliamentary precincts. The Presiding Officers of Parliament had powers of control and management over the precincts, but these powers did not create an inconsistency with the Crimes Act. The court further determined that the functions of the ACT Director of Public Prosecutions included conducting prosecutions on indictment, whether or not initiated by the ACT Director, and that the current arrangements for prosecuting offences in the Parliamentary precincts did not prevent the current prosecution. Consequently, the court dismissed the accused's challenge to the indictment and rejected the application for a stay or dismissal of the indictment.

The court's orders were straightforward, dismissing the oral application for a stay or dismissal of the indictment made by the accused on 26 August 2025. The court upheld the jurisdiction of the ACT Director of Public Prosecutions to prosecute offences within the Parliamentary precincts, affirming the validity of the current arrangements and the applicability of the ACT Crimes Act to such matters.