New South Wales Consolidated Acts

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1986 - SECT 33

33 Delegation

(1) The Director may delegate to:

(a) an Officer,

(b) a Crown Prosecutor, or

(c) a person approved by the Attorney General,

the exercise of any of the Director’s functions (other than this power of delegation).

(2) The Director may not delegate the exercise of any of the following functions, except to a Deputy Director:

(a) determining that no bill of indictment be found, in respect of an indictable offence, in circumstances where the person concerned has been committed for trial,

(b) directing that no further proceedings be taken against a person who has been committed for trial or sentence,

(c) finding a bill of indictment in respect of an indictable offence, in circumstances where the person concerned has not been committed for trial,

(d) appealing under section 5D of the Criminal Appeal Act 1912 to the Court of Criminal Appeal against a sentence.

(3) A delegation:

(a) shall be in writing,

(b) may be general or limited, and

(c) may be revoked, wholly or partly, by the Director.

(4) A delegate is, in the exercise of a delegated function, subject to such conditions as are specified in the instrument of delegation.

(5) A delegated function, when exercised by the delegate, shall be deemed to have been exercised by the Director.

(6) A delegation does not prevent the exercise of a function by the Director.

(7) A function purporting to have been exercised by a delegate shall, until the contrary is proved be deemed to have been duly exercised by a delegate under this section.