Director of Public Prosecutions Amendment Act 1986

Legislation au C2004A03329 Not in force Act

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Director of Public Prosecutions Amendment Act 1986

No. 88 of 1986

 

An Act to amend the Director of Public Prosecutions Act 1983

[Assented to 25 June 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, Ac.

1. (1) This Act may be cited as the Director of Public Prosecutions Amendment Act 1986.

(2) The Director of Public Prosecutions Act 19831 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Functions of Director

3. Section 6 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:

“(2a) Except as provided by sub-section (2b) or with the consent of the person concerned, the Director is not entitled under this Act to institute


a prosecution of a person on indictment for an indictable offence against the laws of the Commonwealth in respect of which the person has not been committed for trial.

“(2b) Where a person has been committed for trial in respect of an indictable offence or indictable offences against the laws of the Commonwealth, the Director may, whether or not the Director institutes a prosecution on indictment for the offence, or for all or any of the offences, for which the person was committed for trial, institute a prosecution of the person on indictment for—

(a) an offence for which the person was examined but not committed for trial; or

(b) any other offence founded on facts or evidence disclosed in the course of the committal proceedings.

“(3) The Attorney-General may, by writing signed by the Attorney-General, specify a matter or class of matters for the purposes of paragraph (1) (g) or (h) and, where the Attorney-General so specifies a matter or class of matters, a copy of the instrument specifying that matter or class of matters shall be published in the Gazette when the Attorney-General considers it appropriate to do so.”.

Powers of Director

4. Section 9 of the Principal Act is amended by adding at the end the following sub-section:

“(11) Where an authority of the Commonwealth is a party to a proceeding in respect of a matter—

(a) that has arisen out of or is connected with the performance of any of the functions of the Director; or

(b) that may result in the performance by the Director of such a function,

the Director, or a person who is entitled to represent the Director in proceedings referred to in sub-section 15 (1), may act as counsel or solicitor for that authority.”.

5. After section 15 of the Principal Act the following section is inserted:

Appearances on behalf of Director in summary or committal proceedings

“15a. Without limiting the class of persons who may represent the Director under section 15, in proceedings for the summary conviction of a person or for the commitment of a person for trial in respect of an indictable offence (whether the proceedings were instituted before or are instituted after the commencement of this section), the Director may be represented by a member of the Australian Federal Police, or a member of the police force of a State or Territory, whether or not the member concerned is a legal practitioner.”.


Prohibition of publication of evidence, &c., in certain proceedings

6. Section 16a of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) Where the Director institutes or carries on proceedings for the recovery of pecuniary penalties, or co-ordinates or supervises the institution or carrying on of proceedings for the recovery of pecuniary penalties, in respect of a matter, a court may, at any time during or after the completion of proceedings for the recovery of pecuniary penalties in respect of the matter, make, in relation to a proceeding in the court that relates to the recovery of pecuniary penalties in respect of the matter, such order prohibiting or restricting the publication of particular evidence, or of particular information, as appears to the court to be necessary in order to prevent prejudice to the administration of justice.”; and

(b) by inserting “or (1a)” after “(1)” in sub-section (2).

Staff

7. Section 27 of the Principal Act is amended by adding at the end the following sub-sections:

“(3) In addition to the staff referred to in sub-section (1), the Director may, on behalf of the Commonwealth and with the approval of the Attorney-General or a person authorised in writing by the Attorney-General to grant approvals under this sub-section, employ, under agreements in writing, such persons as the Director thinks necessary for the purposes of the performance of the functions of the Director.

“(4) The terms and conditions of employment of persons employed by the Director under sub-section (1) are such as are from time to time determined by the Director, with the approval of the Public Service Board.”.

Engagement of consultants, &c.

8. Section 28 of the Principal Act is amended by omitting from sub-section (1) “and with the approval of the Attorney-General or a person authorized by instrument in writing by the Attorney-General for the purpose”.

 

NOTE

1. No. 133, 1983, as amended. For previous amendments, see Nos. 10 and 165, 1984; and No. 64, 1985.

[Minister’s second reading speech made in—

House of Representatives on 16 October 1985

Senate on 11 March 1986]

Overview

The Director of Public Prosecutions Amendment Act 1986 (C2004A03329) was enacted to amend the Director of Public Prosecutions Act 1983, addressing certain procedural and functional gaps within the office of the Director of Public Prosecutions. Passed by the Parliament of the Commonwealth of Australia, this Act provides for modifications to the powers, functions, and procedures of the Director of Public Prosecutions, including enhancing the Director’s capacity to prosecute indictable offences and to act as counsel or solicitor in proceedings where the Commonwealth is a party. This legislative amendment was designed to improve the efficiency and effectiveness of the Director’s office in managing and prosecuting serious criminal matters, thereby ensuring that justice is administered more effectively.

Scope and Application

The Director of Public Prosecutions Amendment Act 1986 amends the Director of Public Prosecutions Act 1983 to modify the functions, powers, and operational capabilities of the Director of Public Prosecutions (DPP) in the Commonwealth of Australia. This Act applies to the DPP and any authorised representatives, including members of the Australian Federal Police or state and territory police forces, who may act on behalf of the DPP in legal proceedings. The amendments extend to any matter arising from or connected with the DPP's functions or that may lead to the DPP performing those functions. The Act operates nationally across Australia, aligning with the Commonwealth's jurisdiction. While the Act does not explicitly state exclusions or exemptions, it does clarify the conditions under which the DPP can institute prosecutions and engage in legal representation. Additionally, the Attorney-General has the authority to specify matters or classes of matters for certain provisions, extending or restricting the application of the Act through subordinate instruments.

Key Provisions

The Director of Public Prosecutions Amendment Act 1986 (C2004A03329) amends the Director of Public Prosecutions Act 1983 (the Principal Act) in several key areas. Firstly, it modifies the Director's powers to institute prosecutions. Section 6 now stipulates that the Director cannot initiate a prosecution for an indictable offence unless the accused has been committed for trial or consents to prosecution (section 6(2a)). However, if the accused has been committed for trial, the Director may prosecute for other related offences (section 6(2b)). Additionally, the Attorney-General can specify matters for which the Director must prosecute (section 6(3)). The Act also expands the Director's role in representing the Commonwealth. Section 9(11) allows the Director to act as counsel or solicitor in proceedings related to their functions, and section 15a permits the Director to be represented in summary or committal proceedings by law enforcement officers, even if they are not legal practitioners. Further amendments address the handling of evidence and employment provisions. Section 16a enables courts to restrict the publication of evidence in proceedings for the recovery of pecuniary penalties to prevent prejudice to justice. Lastly, section 27 allows the Director to employ additional staff with the Attorney-General's approval, and section 28 clarifies the engagement of consultants. The Act imposes specific obligations on the Director of Public Prosecutions and the Attorney-General. The Director must adhere to the limitations on initiating prosecutions as outlined in section 6, and they must ensure that any prosecutions are connected to committed trials or consented to by the accused. The Director also has the authority to act as counsel in specific proceedings under section 9(11) and can be represented by law enforcement officers in summary or committal proceedings as per section 15a. Courts have the power to restrict evidence publication in pecuniary penalty recovery cases, ensuring the administration of justice is not prejudiced. Additionally, the Director can employ additional staff with the Attorney-General's approval, and the terms and conditions of employment are determined by the Director, subject to Public Service Board approval. Breach of the provisions in the Director of Public Prosecutions Amendment Act 1986 can lead to civil or criminal consequences. For instance, prosecuting without the proper authority under section 6(2a) could result in legal challenges to the validity of the prosecution. Courts may impose penalties for contempt if the publication restrictions in section 16a are violated. Furthermore, improper employment practices under section 27 could lead to disciplinary actions against the Director or the Attorney-General. While the Act does not specify maximum penalties, breaches of these provisions could result in legal repercussions, including fines or other sanctions as determined by the relevant courts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.