EXPLANATORY STATEMENT
Statutory Rules 1984 No.24
Subject: | Director of Public Prosecutions Act 1983 Director of Public Prosecutions (Allowances) Regulations |
Section 34 of the Director of Public Prosecutions Act 1983 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 19(1) of the Act provides that the Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration by the Tribunal is in operation he shall be paid such remuneration as is prescribed.
Sub-section 19(2) of the Act provides that the Director shall be paid such allowances as are prescribed.
Sub-section 19(3) of the Act provides that the section has effect subject to the Remuneration Tribunals Act 1973.
The proposed Director of Public Prosecutions (Allowances) Regulations seek to provide for the payment of allowances at the rate payable to an officer of the Australian Public Service.
As the Act will not come into operation until 5 March 1984, the proposed regulations are made in reliance on section 4 of the Acts Interpretation Act 1901. That section provides that where an Act has not yet come into operation regulations may be made as if the Act had come into operation but they do not take effect until the Act comes into operation.
Authority | Section 34 of the Director of Public Prosecutions Act 1983 |
Overview
The Director of Public Prosecutions Act 1983 was enacted to address the need for a structured legal framework governing the role and responsibilities of the Director of Public Prosecutions in Australia. This Act was brought into being by the Parliament of Australia to ensure that there is a clear and effective mechanism for the prosecution of criminal cases on behalf of the Commonwealth. One of the critical gaps the Act aimed to fill was the need for a consistent and transparent process for the remuneration and allowances of the Director. The policy objective of the Act, as outlined in its provisions, is to establish a Director who is both accountable and adequately compensated for their significant role in the administration of justice. The Director of Public Prosecutions (Allowances) Regulations, made under the authority of Section 34 of the Act, were introduced to further clarify and operationalise the payment of allowances to the Director, aligning them with those of an officer of the Australian Public Service. These regulations were drafted to take effect from the date the Act comes into operation on 5 March 1984, ensuring that there is a seamless transition into the new legal framework.
Scope and Application
The Director of Public Prosecutions (Allowances) Regulations, proposed under section 34 of the Director of Public Prosecutions Act 1983, are designed to facilitate the payment of allowances to the Director of Public Prosecutions at a rate comparable to that of an officer of the Australian Public Service. These regulations are intended to supplement the Act, which specifies that the Director shall be compensated with allowances as prescribed, subject to any determinations made by the Remuneration Tribunal. In the absence of a Tribunal determination, the allowances will be governed by the regulations. These provisions ensure that the Director receives appropriate compensation for their role, aligning it with the remuneration of other high-ranking public service officers. The regulations are crafted to be effective from 5 March 1984, the date the Act is set to come into operation, though they are being promulgated in advance under section 4 of the Acts Interpretation Act 1901, which allows for the creation of regulations for Acts that have not yet commenced.
Key Provisions
The main operative sections of the Director of Public Prosecutions (Allowances) Regulations are designed to ensure that the Director of Public Prosecutions (DPP) receives appropriate allowances. Section 34 of the Director of Public Prosecutions Act 1983 allows for the Governor-General to make these regulations. Under sub-section 19(2) of the Act, the Director is entitled to allowances prescribed by these regulations. The allowances are to be paid at the rate applicable to an officer of the Australian Public Service, as stated in the proposed regulations.
The Director of Public Prosecutions (Allowances) Regulations impose several obligations on the relevant parties. The primary obligation is on the Director of Public Prosecutions to be paid allowances as prescribed by these regulations. This means that the DPP is entitled to allowances at a rate that matches those provided to officers of the Australian Public Service. Additionally, the regulations must be made in accordance with section 34 of the Act, ensuring they are not inconsistent with the Act and are necessary or convenient for its execution.
In the event of a breach of the Director of Public Prosecutions (Allowances) Regulations, specific penalties and consequences may apply. Although the regulations themselves do not detail specific penalties, breaches of regulations made under the Director of Public Prosecutions Act 1983 could potentially lead to civil or criminal consequences depending on the nature and severity of the breach. The maximum penalties for breaches of such regulations could vary, but they may include fines or other sanctions as prescribed by relevant legislation. It is essential that the regulations are adhered to in order to avoid any legal repercussions.