DIRECTOR OF PUBLIC PROSECUTIONS ACT 1986 - SECT 15A Disclosures by law enforcement or investigating officers

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1986 - SECT 15A

15A Disclosures by law enforcement or investigating officers

(1) Law enforcement or investigating officers for alleged offences have a duty to disclose to the Director all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.

(1A) The duty of disclosure arises only if the Director exercises any function under this Act or Part 2 of Chapter 3 of the Criminal Procedure Act 1986 with respect to the prosecution of the offence (including in connection with a law enforcement or investigating officer seeking advice from the Director under section 14A of the Criminal Procedure Act 1986 about the commencement of proceedings for an offence).

(2) The duty of disclosure continues until one of the following happens--

(a) the Director decides that the accused person will not be prosecuted for the alleged offence,

(b) the prosecution is terminated,

(c) the accused person is convicted or acquitted.

(3) Law enforcement or investigating officers for alleged offences also have a duty to retain any such documents or other things for so long as the duty to disclose them continues under this section. This subsection does not affect any other legal obligation with respect to the possession of the documents or other things.

(4) The regulations may make provision for or with respect to the duties of law enforcement or investigating officers under this section, including for or with respect to--

(a) the recording of any such information, documents or other things, and

(b) verification of compliance with any such duty.

(5) The duty imposed by this section is in addition to any other duties of law enforcement or investigating officers in connection with the investigation and prosecution of offences.

(6) The duty imposed by this section does not require law enforcement or investigating officers to provide to the Director any information, documents or other things--

(a) that are the subject of a claim of privilege, public interest immunity or statutory immunity, or

(b) that would contravene a statutory publication restriction if so provided.

(7) The duty of a law enforcement or investigating officer in such a case is to inform the Director of--

(a) the existence of any information, document or other thing of that kind, and

(b) the nature of that information, document or other thing and the claim or publication restriction relating to it.

However, a law enforcement or investigating officer must provide to the Director any information, document or other thing of that kind if the Director requests it to be provided.

(9) In this section--


"statutory publication restriction" means a prohibition or restriction on publication that is imposed by or under--

(a) section 176 (Disclosure and use of examination material) or 177 (Disclosure and use of evidence given at examination) of the Law Enforcement Conduct Commission Act 2016 , or

(b) section 45 or 45A of the Crime Commission Act 2012 , or

(c) section 112 of the Independent Commission Against Corruption Act 1988 .