PUBLIC PROSECUTIONS ACT 1994 No. 43 of 1994 Version incorporating amendments as at 11 December 2008 Public Prosecutions Act 1994 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions PART 2-DIRECTOR OF PUBLIC PROSECUTIONS 4-8. Repealed 9. Acting Director 10. Director is responsible to Attorney-General 11. Appearance by Director 12. Annual report PART 3-CHIEF CROWN PROSECUTOR 13. Appointment 14. Role of Chief Crown Prosecutor 15. Terms and conditions 15A. Salary sacrifice-Chief Crown Prosecutor 16. Resignation 17. Suspension and removal from office 18. Pension of Chief Crown Prosecutor and of his or her partner and children 19. Acting Chief Crown Prosecutor 19A. Salary sacrifice-Acting Chief Crown Prosecutor 20. Chief Crown Prosecutor is responsible to Director 21. Exercise of powers in cases of conflict of interest etc. PART 4-FUNCTIONS AND POWERS OF DIRECTOR 22. Functions of Director 23. Director's Committee 24. Matters to which Director must have regard 25. Power to discontinue criminal proceedings 26. Guidelines 27. Director to be provided with certain information 28. Director may request police assistance 29. Director may make request to Attorney-General 30. Delegation PART 5-CROWN PROSECUTORS 31. Appointment 32. Terms and conditions 32A. Salary sacrifice-Crown Prosecutors 33. Resignation 34. Removal from office 35. Pensions of Senior Crown Prosecutors and of their partners and children 36. Functions of Crown Prosecutors PART 5A-ASSOCIATE CROWN PROSECUTORS 36A. Appointment 36B. Terms and conditions 36BA. Salary sacrifice 36C. Resignation 36D. Removal from office 36E. Functions of Associate Crown Prosecutors PART 6-SOLICITOR FOR PUBLIC PROSECUTIONS 37. Appointment 38. Functions of Solicitor for Public Prosecutions 39. Delegation PART 7-OFFICE OF PUBLIC PROSECUTIONS 40. Office of Public Prosecutions 41. Functions of Office PART 8-COMMITTEE FOR PUBLIC PROSECUTIONS 42. Committee for Public Prosecutions 43. Functions of Committee 44. Meetings of Committee 45. Annual report PART 9-MISCELLANEOUS 46. Immunity 47. Outcome of trial cannot be challenged etc. on ground relating to special decision 48. Judicial notice 48A. Consolidated annual report 49. Supreme Court-limitation of jurisdiction 50. Regulations 51. Transitional provisions 51A. Transitional provisions (1998 amendments) 52. Transitional provisions (1999 amendments) 53. Transitional provision (2004 amendment) 54. Transitional provision (2006 amendment) 55. Validation provision 56. Repealed __________________ SCHEDULE-Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Public Prosecutions Act 1994 - PART 1 PART 1 PRELIMINARY Public Prosecutions Act 1994 - SECT 1 Purposes 1. Purposes The purposes of this Act are- (a) to provide for the appointment of a Chief Crown Prosecutor, Crown Prosecutors, Associate Crown Prosecutors and a Solicitor for Public Prosecutions and set out their respective functions and powers; (ab) to set out the functions and powers of the Director of Public Prosecutions; (b) to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee on the decision; (c) to make fresh provision with respect to the manner of dealing with certain contempts of court; (d) to establish an Office of Public Prosecutions; (e) to establish a Committee for Public Prosecutions; (f) to repeal the Director of Public Prosecutions Act 1982. Public Prosecutions Act 1994 - SECT 2 Commencement 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 July 1994, it comes into operation on that day. Public Prosecutions Act 1994 - SECT 3 Definitions 3. Definitions In this Act- Associate Crown Prosecutor means an Associate Crown Prosecutor appointed under Part 5A; Australian lawyer has the same meaning as in the Legal Profession Act 2004; Chief Crown Prosecutor means Chief Crown Prosecutor appointed under Part 3; Crown Prosecutor includes a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor; Director means Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975; Director's Committee means a Director's Committee under section 23; legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; special decision means a decision- (a) to make presentment of a person for an offence on which the person was not committed for trial except in the following circumstances- (i) the person was committed for trial on an offence that- (A) is not materially different from; or (B) is founded on the same facts as; or (C) forms or is part of a series of offences of the same or a similar character as- the offence for which the prosecution intends to make presentment; (ii) the person, or a legal practitioner representing the person, has consented in writing to presentment being made for that offence; (iii) the person, or a legal practitioner representing the person, has indicated in writing an intention to plead guilty to that offence; or (b) subject to guidelines established by the Committee for Public Prosecutions under section 43(1)(d), to enter a nolle prosequi, or not to take within the period prescribed under section 353(2) of the Crimes Act 1958 any step mentioned in that section, in relation to the charge or all the charges on which a person was committed for trial on a committal proceeding; or * * * * * (d) to make presentment of a person for an offence if a Crown Prosecutor has declined to make, or an Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against making, presentment of that person for that offence or for an offence that is not materially different from that offence; or (e) to enter a nolle prosequi in relation to a charge if a Crown Prosecutor, Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against the entering of a nolle prosequi in relation to that charge or has advised that that charge should be proceeded with; or (f) to appeal against, or seek any relief or remedy in respect of, an order of the Supreme Court or the County Court quashing, or granting a permanent stay of, a presentment or of a count or counts in a presentment on the ground that for the person to be tried for the offence or offences charged in the presentment or in the count or counts (as the case requires) would constitute an abuse of process; or (g) to issue guidelines under section 26(1); or (h) of any other kind that, in the opinion of the Director, should be treated as a special decision for the purposes of this Act. _______________ Public Prosecutions Act 1994 - PART 2 PART 2 DIRECTOR OF PUBLIC PROSECUTIONS * * * * * * * * * * * * * * * * * * * * Public Prosecutions Act 1994 - SECT 9 Acting Director 9. Acting Director (1) The Governor in Council may appoint a person who is eligible for appointment as the Director to act as the Director during any period when- (a) the office of Director is vacant; or (b) the Director is absent from duty or is, for any reason, unable to carry out the duties of the office. (2) The Governor in Council may at any time terminate the appointment of the Acting Director. (3) The Acting Director has, during the period of the appointment, the same powers and duties as the Director and may perform any of the functions of the Director. (4) The Acting Director is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council. (5) The office of Acting Director is not an authority within the meaning of section 104(1) of the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 10 Director is responsible to Attorney-General 10. Director is responsible to Attorney-General (1) The Director is responsible to the Attorney-General for the due performance of his or her functions and exercise of his or her powers under this or any other Act. (2) Subject to this Act, nothing in subsection (1) affects or takes away from the authority of the Director in respect of the institution, preparation and conduct of proceedings under this or any other Act. Public Prosecutions Act 1994 - SECT 11 Appearance by Director 11. Appearance by Director The Director may appear in person, or be represented by a legal practitioner, in any proceedings instituted or conducted by the Director or arising out of proceedings instituted or conducted by the Director. Public Prosecutions Act 1994 - SECT 12 Annual report 12. Annual report (1) The Director must, in respect of each financial year, prepare an annual report on his or her operations during that year and submit the report to the Attorney-General not later than 31 October next following the financial year. (2) The report must- (a) be prepared in a form and contain information determined by the Director to be appropriate; and (b) contain a copy of any statement submitted to the Attorney-General under section 23(6) that is laid before the Legislative Council or the Legislative Assembly by the Attorney-General during that year; and (c) contain a copy of any statement submitted to the Attorney-General under section 23(6) during that year in relation to which the Director did not act under section 23(7); and (d) contain any other information required by the Attorney-General. (3) The Attorney-General must cause each annual report submitted to him or her under this section to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be, after the report has been received by the Attorney-General. (4) If the Director fails to submit an annual report to the Attorney-General by 31 October in any year, the Attorney-General must report or cause to be reported that failure and the reasons for that failure to each House of the Parliament. _______________ Public Prosecutions Act 1994 - PART 3 PART 3 CHIEF CROWN PROSECUTOR Public Prosecutions Act 1994 - SECT 13 Appointment 13. Appointment (1) The Governor in Council may appoint as Chief Crown Prosecutor a person who is an Australian lawyer of not less than 8 years' standing. (2) Subject to this Part, a person appointed as Chief Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment1. $$A Public Prosecutions Act 1994 - SECT 14 Role of Chief Crown Prosecutor 14. Role of Chief Crown Prosecutor The Chief Crown Prosecutor- (a) subject to the general direction and control of the Director, has control of the day to day management of the Crown Prosecutors and Associate Crown Prosecutors so as to ensure that they function as a group in an effective and efficient manner; and (b) has, in addition to the functions and powers given to the Chief Crown Prosecutor by or under this or any other Act, all the functions and powers of a Crown Prosecutor. Public Prosecutions Act 1994 - SECT 15 Terms and conditions 15. Terms and conditions (1) The Chief Crown Prosecutor is entitled to be paid the same salary as that payable to a judge of the County Court (other than the Chief Judge) under section 10 of the County Court Act 1958. (2) The Chief Crown Prosecutor must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office. (3) The office of Chief Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 15A Salary sacrifice-Chief Crown Prosecutor 15A. Salary sacrifice-Chief Crown Prosecutor (1) The Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future salary as a Chief Crown Prosecutor as non-salary benefits of an equivalent value. (2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) The Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. (5) If, before the commencement of section 20 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a Chief Crown Prosecutor entered into an arrangement under which the Chief Crown Prosecutor agreed to receive the whole or part of his or her total amount of salary as Chief Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 20 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). (7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 16 Resignation 16. Resignation The Chief Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation. Public Prosecutions Act 1994 - SECT 17 Suspension and removal from office 17. Suspension and removal from office (1) The Governor in Council may suspend the Chief Crown Prosecutor from office. (2) If the Chief Crown Prosecutor is suspended from office the Attorney-General must cause a full statement of the ground or grounds of the suspension to be laid before each House of Parliament on or before the 7th sitting day of that House after the suspension. (3) The Governor in Council must remove the Chief Crown Prosecutor from office if each House of Parliament on or before the 7th sitting day of that House after the statement is laid before it passes a resolution declaring that the Chief Crown Prosecutor ought to be removed from office. (4) If both Houses of Parliament do not pass a resolution of the kind specified in subsection (3) within the time specified in that subsection, the Governor in Council must without delay remove the suspension and restore the Chief Crown Prosecutor to office. (5) The Chief Crown Prosecutor can only be removed from office in accordance with this section. Public Prosecutions Act 1994 - SECT 18 Pension of Chief Crown Prosecutor and of his or her partner and children 18. Pension of Chief Crown Prosecutor and of his or her partner and children (1) The Chief Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge) and his or her partner and children are entitled to under section 14 of the County Court Act 1958. (2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County Court Act 1958 are liable to be suspended or determined. (2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the County Court Act 1958 may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary. (3) All pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly. Public Prosecutions Act 1994 - SECT 19 Acting Chief Crown Prosecutor 19. Acting Chief Crown Prosecutor (1) The Governor in Council may appoint a person who is eligible for appointment as the Chief Crown Prosecutor to act as the Chief Crown Prosecutor during any period when- (a) the office of Chief Crown Prosecutor is vacant; or (b) the Chief Crown Prosecutor is absent from duty or is, for any reason, unable to carry out the duties of the office. (2) The Governor in Council may at any time terminate the appointment of the Acting Chief Crown Prosecutor. (3) The Acting Chief Crown Prosecutor has, during the period of the appointment, the same powers and duties as the Chief Crown Prosecutor and may perform any of the functions of the Chief Crown Prosecutor. (4) The Acting Chief Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council. (5) The office of Acting Chief Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 19A Salary sacrifice-Acting Chief Crown Prosecutor 19A. Salary sacrifice-Acting Chief Crown Prosecutor (1) An Acting Chief Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Acting Chief Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value. (2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) An Acting Chief Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. (5) If, before the commencement of section 21 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an Acting Chief Crown Prosecutor entered into an arrangement under which the Acting Chief Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as Acting Chief Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 21 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). (7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 20 Chief Crown Prosecutor is responsible to Director 20. Chief Crown Prosecutor is responsible to Director (1) The Chief Crown Prosecutor is responsible to the Director for the due performance of his or her functions and exercise of his or her powers under this or any other Act. (2) Nothing in subsection (1) empowers the Director to give any direction to the Chief Crown Prosecutor with respect to- (a) making presentment of any person for an offence in the performance of the function of a Crown Prosecutor as mentioned in section 36(1)(a); or (b) the performance of his or her functions or the exercise of his or her powers as a member of a Director's Committee or of the Committee for Public Prosecutions; or (c) the performance of a function or the exercise of a power by the Chief Crown Prosecutor under section 29. Public Prosecutions Act 1994 - SECT 21 Exercise of powers in cases of conflict of interest etc. 21. Exercise of powers in cases of conflict of interest etc. (1) If the Chief Crown Prosecutor considers it desirable in the interests of justice that he or she should not perform certain functions or exercise certain powers of the Chief Crown Prosecutor under this or any other Act, whether because of the existence or possible existence of a conflict of interest or for any other reason, he or she may report that fact to the Director. (2) If the Director agrees that it is in the interests of justice that the Chief Crown Prosecutor should not perform the functions or exercise the powers to which a report under subsection (1) relates, he or she may request a Crown Prosecutor to perform those functions or exercise those powers. (3) The performance of a function or the exercise of a power by a Crown Prosecutor under this section has the same effect for all purposes as it would have if it had been performed or exercised by the Chief Crown Prosecutor. _______________ Public Prosecutions Act 1994 - PART 4 PART 4 FUNCTIONS AND POWERS OF DIRECTOR Public Prosecutions Act 1994 - SECT 22 Functions of Director 22. Functions of Director (1) The functions of the Director are- (a) to institute, prepare and conduct on behalf of the Crown, proceedings in the High Court, Supreme Court or County Court in respect of any indictable offence; (b) if he or she considers it desirable to do so- (i) to institute, prepare and conduct any committal proceeding under the Magistrates' Court Act 1989; (ii) to take over and conduct any proceedings in respect of any summary or indictable offence, other than proceedings in respect of an indictable offence that are consequent on a finding of a grand jury under section 354 of the Crimes Act 1958; (iii) on behalf of the Crown, to assist a coroner or to instruct legal practitioners assisting a coroner in any inquest under the Coroners Act 1985; (ba) to institute, prepare and conduct on behalf of the Crown or be a party to- (i) proceedings on an application under the Crimes (Confiscation of Profits) Act 1986 or the Confiscation Act 1997; (ii) proceedings claiming any relief or remedy in the nature of certiorari, mandamus, prohibition or quo warranto in relation to a criminal proceeding; (iii) proceedings on an application to a court for punishment of a person for a contempt of court committed, or for an injunction restraining a person from engaging in conduct that would or may constitute a contempt of court, in relation to a criminal proceeding (whether pending or otherwise); (c) to refer to the Attorney-General any matter in connection with which the Director considers that it may be desirable for the Attorney-General to apply to a court for punishment of a person for contempt of court; (ca) to grant indemnity from prosecution for any summary or indictable offence to a person on account of an undertaking given by that person to give evidence, or an understanding or expectation that that person will give evidence, in a specified proceeding; (cb) to give an undertaking to a person that an answer given, or statement or disclosure made, by that person in a specified proceeding will not be used in evidence against that person in any criminal proceeding, other than a proceeding in respect of the falsity of evidence given by that person; (cc) if the Director, with the consent of the Attorney-General, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth or another State or a Territory, to institute, prepare and conduct proceedings in accordance with that appointment, commission or authority; (d) any other functions that are given to the Director by or under this or any other Act. (1A) An indemnity under subsection (1)(ca) or an undertaking under subsection (1)(cb) may be subject to such conditions (if any) as the Director considers appropriate. (1B) The Attorney-General's consent under subsection (1)(cc) may be general or specific in nature. (2) Despite subsection (1), if the performance by the Director of any function or the exercise by the Director of any power is dependent on the making of a special decision, the Director may only perform that function or exercise that power after having obtained the advice of a Director's Committee on that special decision. Public Prosecutions Act 1994 - SECT 23 Director's Committee 23. Director's Committee (1) Before making a special decision, the Director must convene a Director's Committee to consider the decision. (2) A Director's Committee must consist of- (a) the Director, who is to be the chairperson; and (b) the Chief Crown Prosecutor; and (c) in the case of a special decision of a kind referred to in paragraph (d) or (e) of the definition of that term in section 3- (i) the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned; or (ia) if both a Crown Prosecutor and an Associate Crown Prosecutor is concerned, the Crown Prosecutor; or (ii) if more than one Crown Prosecutor is concerned, the most senior Crown Prosecutor concerned; or (iii) if more than one Australian lawyer other than Crown Prosecutor or Associate Crown Prosecutor is concerned, the most senior counsel concerned; or (iv) if one or more than one Crown Prosecutor and one or more than one Associate Crown Prosecutor or other Australian lawyer are concerned, the most senior Crown Prosecutor concerned; or (v) if the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned is not available, the most senior Crown Prosecutor available; and (d) in any other case, the most senior Crown Prosecutor available. (3) The function of a Director's Committee is to offer advice to the Director on the special decision in relation to which it is convened. (4) Subject to this section, a Director's Committee may regulate its own meeting procedure. (5) Despite anything to the contrary in this section, the Director is not required to convene a meeting of a Director's Committee in relation to a particular special decision if the other two members of the Committee have each- (a) provided written advice to the Director on the special decision; and (b) informed the Director in writing that, in his or her opinion, it is not necessary to convene a meeting of the Committee. (6) If the Director makes a special decision contrary to the advice of the other two members of the Director's Committee, he or she must as soon as practicable submit to the Attorney-General, for laying before Parliament, a statement in writing setting out that decision and the reason or reasons for it. (7) The Director may, at the time of submitting a statement to the Attorney-General under subsection (6), inform the Attorney-General in writing that in his or her opinion the interests of justice require that the statement not be laid before Parliament until all proceedings in relation to the matter (including proceedings by way of appeal from, or otherwise arising out of, proceedings in relation to the matter) are determined or discontinued. (8) If the Director acts under subsection (7) in relation to a matter, he or she must inform the Attorney-General in writing that all proceedings in relation to that matter have been determined or discontinued within 7 days after that determination or discontinuance occurring. (9) The Attorney-General must cause a statement submitted to him or her under subsection (6) to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be- (a) after the receipt by him or her of the statement; or (b) after being informed by the Director under subsection (8) of the determination or discontinuance of all proceedings in relation to the matter if, at the time of submitting the statement to the Attorney-General, the Director acted under subsection (7) and the Attorney-General considered that the interests of justice required that the statement not be laid before Parliament until all proceedings referred to in that subsection had been determined or discontinued. (10) Despite anything to the contrary in this Act, if the Director will not be available for any reason to act as a member of a Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this section in respect of that period to- (a) the Chief Crown Prosecutor; or (b) if the Chief Crown Prosecutor is not available, the Senior Crown Prosecutor (Major Trials). (11) Despite anything to the contrary in this Act, if the Chief Crown Prosecutor will not be available for any reason to act as a member of a Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this section in respect of that period to- (a) the Senior Crown Prosecutor (Major Trials); or (b) if the Senior Crown Prosecutor (Major Trials) is not available, a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor. (12) If the functions and powers of the Director under this section in respect of a particular period are delegated to the Chief Crown Prosecutor under subsection (10), the Chief Crown Prosecutor must, by instrument, delegate in accordance with subsection (11) (as if he or she were not available) his or her functions and powers under this section in respect of that period. (13) If a person to whom functions and powers are delegated in accordance with subsection (10) or (11) has begun to consider a special decision but the period of delegation expires before his or her functions under this section have been completed in relation to that decision, the delegate must complete those functions in all respects as if the delegation had not expired. Public Prosecutions Act 1994 - SECT 24 Matters to which Director must have regard 24. Matters to which Director must have regard In the performance of his or her functions the Director must have regard to- (a) considerations of justice and fairness; and (b) the need to conduct prosecutions in an effective, economic and efficient manner; and (c) the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime. Public Prosecutions Act 1994 - SECT 25 Power to discontinue criminal proceedings $$T 25. Power to discontinue criminal proceedings (1) Subject to this Act, the Director has the same power to enter a nolle prosequi in criminal proceedings as the Director appointed under the Director of Public Prosecutions Act 1982 had immediately before the commencement of section 52. (2) Nothing in this Act affects or takes away from the power of the Attorney-General to enter a nolle prosequi in criminal proceedings. Public Prosecutions Act 1994 - SECT 26 Guidelines 26. Guidelines (1) Subject to this Act, the Director may issue guidelines with respect to the prosecution of offences to- (a) Crown Prosecutors and other persons acting as Crown Prosecutors; and (ab) Associate Crown Prosecutors; and (b) members of the police force; and (c) any other person or persons. (2) Nothing in subsection (1) entitles the Director to issue guidelines in relation to a particular case. (3) The Director must cause a copy of any guidelines issued under subsection (1) to be published in the Government Gazette. (4) Nothing in subsection (1) or in any guidelines issued under that subsection prevents the performance or exercise by a Crown Prosecutor or Associate Crown Prosecutor of any of his or her functions or powers under this or any other Act. Public Prosecutions Act 1994 - SECT 27 Director to be provided with certain information 27. Director to be provided with certain information (1) This section applies to an offence with which a person has been charged if- (a) the offence is one in respect of which a direction has been given by the Committee for Public Prosecutions under section 43(1)(c); or (b) the Director directs that the matter be referred to him or her; or (c) the informant considers that the matter should be referred to the Director. (2) If this section applies to the offence, the informant must provide to the Director- (a) a full report of the circumstances of the offence; and (b) copies of the statements of any witnesses; and (c) copies of all relevant documents; and (d) any other information and material that the Director may require. Public Prosecutions Act 1994 - SECT 28 Director may request police assistance 28. Director may request police assistance (1) If in relation to a criminal proceeding under consideration or being conducted by the Director a matter arises that requires further investigation, the Director may in writing request the Chief Commissioner of Police for assistance in the conduct of that investigation. (2) The Chief Commissioner of Police must as far as possible comply with a request under subsection (1). Public Prosecutions Act 1994 - SECT 29 Director may make request to Attorney-General 29. Director may make request to Attorney-General (1) The Director may request the Attorney-General to perform certain functions or exercise certain powers of the Director under this or any other Act if the Director considers it desirable in the interests of justice that he or she should not perform those functions or exercise those powers whether because of the existence or possible existence of a conflict of interest or for any other reason. (2) If the Attorney-General agrees to a request under subsection (1) he or she may perform the functions or exercise the powers to which the request relates or request the Chief Crown Prosecutor or a Crown Prosecutor to perform those functions or exercise those powers. (3) The performance of a function or the exercise of a power by the Attorney-General, the Chief Crown Prosecutor or a Crown Prosecutor under this section has the same effect for all purposes as it would have if it had been performed or exercised by the Director. Public Prosecutions Act 1994 - SECT 30 Delegation 30. Delegation (1) Subject to subsection (2), the Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor any function or power of the Director under this Act other than- (a) the power to make presentment of any person for an offence; and (b) except as provided by subsection (3), the power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding; and (c) any function or power as a member of a Director's Committee; and (d) this power of delegation. (2) The Director may only delegate his or her power to enter a nolle prosequi in a criminal proceeding to the Chief Crown Prosecutor or a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor and then only if the decision to enter the nolle prosequi is not required to be treated as a special decision for the purposes of this Act. (3) The Director may delegate his or her power to give any authority, sanction or consent for the commencement of a criminal proceeding required by- (a) section 50(5) of the Crimes Act 1958 as in force immediately before its repeal on 1 June 1983 by section 18(1) of the Director of Public Prosecutions Act 1982; (b) section 69(3) of the Crimes Act 1958 as in force immediately before its repeal on 1 March 1981 by section 6 of the Crimes (Sexual Offences) Act 1980; (c) section 95(2) of the Estate Agents Act 1980; (d) section 3(4) or 4(4) of the Judicial Proceedings Reports Act 1958. _______________ Public Prosecutions Act 1994 - PART 5 PART 5 CROWN PROSECUTORS Public Prosecutions Act 1994 - SECT 31 Appointment 31. Appointment (1) The Governor in Council may appoint as a Crown Prosecutor a person who is an Australian lawyer and who has practised as such for not less than 5 years. (2) The Governor in Council may appoint as many Crown Prosecutors as are required. (3) A person appointed as a Crown Prosecutor may be appointed as a Senior Crown Prosecutor. (4) The office of one Senior Crown Prosecutor may be designated as Senior Crown Prosecutor (Major Trials) and the holder of that office is to be assigned special responsibility in relation to trials of a particularly complex nature. (5) An appointment as a Crown Prosecutor may be made on a full-time or part-time basis. Public Prosecutions Act 1994 - SECT 32 Terms and conditions 32. Terms and conditions (1) A person appointed as a Senior Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment2. (2) Any other Crown Prosecutor holds office for the term, not exceeding 10 years, that is specified in his or her instrument of appointment and is eligible for re-appointment. (3) Despite anything to the contrary in subsection (1) or (2), the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 of the Commonwealth or a member of the staff of the Office within the meaning of that Act may be appointed under this Act as a Crown Prosecutor for the period that he or she is that Director or such a member. (3A) Despite anything to the contrary in subsection (1) or (2), the Director of Public Prosecutions under the law of another State or a Territory, or a member of the staff of the office of that Director who is a legal practitioner, may be appointed under this Act as a Crown Prosecutor for the period that he or she is that Director or such a member. (4) A Crown Prosecutor is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act. (5) A Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council. (6) A Crown Prosecutor appointed on a full-time basis must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office. (7) The office of Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 32A Salary sacrifice-Crown Prosecutors 32A. Salary sacrifice-Crown Prosecutors (1) A Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Crown Prosecutor as non-salary benefits of an equivalent value. (2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) A Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. (5) If, before the commencement of section 22 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a Crown Prosecutor entered into an arrangement under which the Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as a Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 22 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). (7) In subsection (1) non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 33 Resignation 33. Resignation A Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation. Public Prosecutions Act 1994 - SECT 34 Removal from office 34. Removal from office The Governor in Council may remove a Crown Prosecutor from office if- (a) he or she becomes bankrupt; or (b) in the opinion of the Governor in Council he or she is unable, because of mental illness, to perform the duties of the office; or (c) he or she is absent from duty for 14 days (whether or not consecutive) in any period of 12 months without the approval of the Director but not including any absence occasioned by illness or other unavoidable cause; or (d) he or she fails, without reasonable excuse, to comply with section 32(6); or (e) the Committee for Public Prosecutions recommends to the Attorney-General that he or she be removed from office. Public Prosecutions Act 1994 - SECT 35 Pensions of Senior Crown Prosecutors and of their partners and children 35. Pensions of Senior Crown Prosecutors and of their partners and children (1) A Senior Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge) and his or her partner and children are entitled to under section 14 of the County Court Act 1958. (2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County Court Act 1958 are liable to be suspended or determined. (2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the County Court Act 1958 may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary. (3) All pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly. Public Prosecutions Act 1994 - SECT 36 Functions of Crown Prosecutors 36. Functions of Crown Prosecutors (1) The functions of a Crown Prosecutor are- (a) in the name of the Director to make presentment of any person for an offence in accordance with section 353 of the Crimes Act 1958; (b) to conduct, and appear in, proceedings on behalf of the Director; (ba) if the Crown Prosecutor, with the consent of the Director, holds an appointment, commission or authority to prosecute offences against laws of the Commonwealth or another State or a Territory, to institute, prepare and conduct proceedings in accordance with that appointment, commission or authority; (c) any other functions that are given to Crown Prosecutors by or under this or any other Act or by the Director. (2) Despite subsection (1)(a), no Crown Prosecutor may make presentment of a person for an offence if the decision to make presentment for that offence is a special decision. (2A) The Director's consent under subsection (1)(ba) may be general or specific in nature. (3) In the performance of his or her functions a Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime. (4) A Crown Prosecutor is responsible to the Director for the due exercise of the Crown Prosecutor's functions. (5) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to a Crown Prosecutor with respect to- (a) making presentment of any person for an offence in the performance of the function mentioned in subsection (1)(a); or (b) the performance of his or her function as a member of a Director's Committee; or (c) the performance of a function or the exercise of a power by a Crown Prosecutor under section 29. _______________ Public Prosecutions Act 1994 - PART 5A PART 5A ASSOCIATE CROWN PROSECUTORS Public Prosecutions Act 1994 - SECT 36A Appointment 36A. Appointment (1) The Governor in Council may appoint as an Associate Crown Prosecutor a person who is an Australian lawyer and who has practised as such for not less than 3 years. (2) The Governor in Council may appoint as many Associate Crown Prosecutors as are required. (3) An appointment as an Associate Crown Prosecutor may be made on a full-time or part-time basis. Public Prosecutions Act 1994 - SECT 36B Terms and conditions 36B. Terms and conditions (1) A person appointed as an Associate Crown Prosecutor holds office for the term, not exceeding 5 years, that is specified in his or her instrument of appointment and is eligible for re-appointment. (2) An Associate Crown Prosecutor is appointed subject to any terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act. (3) An Associate Crown Prosecutor is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council. (4) An Associate Crown Prosecutor appointed on a full-time basis must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment (whether within or outside Victoria) outside the duties of his or her office. (5) The office of Associate Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 36BA Salary sacrifice 36BA. Salary sacrifice (1) An Associate Crown Prosecutor may by notice in writing to the Attorney-General enter into an arrangement under which the Associate Crown Prosecutor agrees to receive the whole or part of his or her total amount of future remuneration as Associate Crown Prosecutor as non-salary benefits of an equivalent value. (2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. (3) An Associate Crown Prosecutor may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. (4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. (5) If, before the commencement of section 23 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an Associate Crown Prosecutor entered into an arrangement under which the Associate Crown Prosecutor agreed to receive the whole or part of his or her total amount of remuneration as Associate Crown Prosecutor as non-salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section. (6) On and after the commencement of section 23 of the 2008 Act, an arrangement referred to in subsection (5) may only be varied or revoked in accordance with subsection (3). (7) In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 36C Resignation 36C. Resignation An Associate Crown Prosecutor may resign from office by delivering to the Governor a signed letter of resignation. Public Prosecutions Act 1994 - SECT 36D Removal from office 36D. Removal from office The Governor in Council may remove an Associate Crown Prosecutor from office if- (a) he or she becomes bankrupt; or (b) in the opinion of the Governor in Council he or she is unable, because of mental illness, to perform the duties of the office; or (c) he or she is absent from duty for 14 days (whether or not consecutive) in any period of 12 months without the approval of the Director but not including any absence occasioned by illness or other unavoidable cause; or (d) he or she fails, without reasonable excuse, to comply with section 36B(4); or (e) the Committee for Public Prosecutions recommends to the Attorney-General that he or she be removed from office. Public Prosecutions Act 1994 - SECT 36E Functions of Associate Crown Prosecutors 36E. Functions of Associate Crown Prosecutors (1) The functions of an Associate Crown Prosecutor are- (a) to conduct, and appear in, proceedings on behalf of the Director; (b) any other functions that are given to Associate Crown Prosecutors by or under this or any other Act or by the Director. (2) In the performance of his or her functions an Associate Crown Prosecutor must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime. (3) An Associate Crown Prosecutor is responsible to the Director for the due exercise of the Associate Crown Prosecutor's functions. (4) Nothing in this Act empowers the Director or the Chief Crown Prosecutor to give any direction to an Associate Crown Prosecutor with respect to the performance of his or her function as a member of a Director's Committee. _______________ Public Prosecutions Act 1994 - PART 6 PART 6 SOLICITOR FOR PUBLIC PROSECUTIONS Public Prosecutions Act 1994 - SECT 37 Appointment 37. Appointment (1) The Governor in Council may appoint a person as Solicitor for Public Prosecutions. (2) The Public Administration Act 2004 applies to the office of Solicitor for Public Prosecutions and to the person holding that office as if he or she were a Department Head within the meaning of that Act. Public Prosecutions Act 1994 - SECT 38 Functions of Solicitor for Public Prosecutions 38. Functions of Solicitor for Public Prosecutions (1) The functions of the Solicitor for Public Prosecutions are- (a) to manage the Office of Public Prosecutions; (b) to brief Crown Prosecutors or Associate Crown Prosecutors to appear in proceedings on behalf of the Director or, subject to subsection (1A), legal practitioners other than Crown Prosecutors or Associate Crown Prosecutors; * * * * * (1A) The Director may establish guidelines on the classes of proceeding in which he or she is to be consulted before legal practitioners other than Crown Prosecutors or Associate Crown Prosecutors are briefed to appear on behalf of the Director and, in any such proceeding, the Solicitor for Public Prosecutions may only brief legal practitioners other than Crown Prosecutors or Associate Crown Prosecutors after having consulted the Director. (2) Nothing in subsection (1)(b) affects or takes away from the authority of the Chief Crown Prosecutor under section 14(a). (3) In the performance of his or her functions the Solicitor for Public Prosecutions must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime. Public Prosecutions Act 1994 - SECT 39 Delegation 39. Delegation The Solicitor for Public Prosecutions may, by instrument, delegate to any member of staff employed in the Office of Public Prosecutions any function or power of the Solicitor for Public Prosecutions under this Act, other than this power of delegation. _______________ Public Prosecutions Act 1994 - PART 7 PART 7 OFFICE OF PUBLIC PROSECUTIONS Public Prosecutions Act 1994 - SECT 40 Office of Public Prosecutions 40. Office of Public Prosecutions (1) There is established an Office of Public Prosecutions. (2) The Office consists of- (a) the Solicitor for Public Prosecutions; and (b) as many other members of staff as are necessary to enable the Office to do its work. (3) All staff employed in the Office (other than the Solicitor for Public Prosecutions) are to be employed under Part 3 of the Public Administration Act 2004. Public Prosecutions Act 1994 - SECT 41 Functions of Office 41. Functions of Office (1) The functions of the Office of Public Prosecutions are- (a) to prepare and conduct effectively, economically and efficiently on behalf of the Director- (i) any proceeding or other matter referred to in section 22(1); (ii) any other proceeding or matter in which the Director is involved; * * * * * (c) to assist the Committee for Public Prosecutions in the performance or exercise of its functions or powers. (2) In the performance of the functions of the Office of Public Prosecutions staff employed in that Office must have regard to the need to ensure that the prosecutorial system gives appropriate consideration to the concerns of the victims of crime. _______________ Public Prosecutions Act 1994 - PART 8 PART 8 COMMITTEE FOR PUBLIC PROSECUTIONS Public Prosecutions Act 1994 - SECT 42 Committee for Public Prosecutions 42. Committee for Public Prosecutions (1) There is established a Committee for Public Prosecutions. (2) The Committee consists of- (a) the Director, who is to be the chairperson; (b) the Chief Crown Prosecutor; (c) the Solicitor for Public Prosecutions; (d) a person appointed by the Governor in Council. (3) A person appointed under subsection (2)(d)- (a) is appointed subject to any terms and conditions that are specified in the instrument of appointment; (b) is appointed for the term specified in the instrument of appointment and is eligible for re-appointment; (c) is entitled to the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council. Public Prosecutions Act 1994 - SECT 43 Functions of Committee 43. Functions of Committee (1) The functions of the Committee for Public Prosecutions are- (a) generally to advise on the operation of the prosecutorial system with a view to ensuring that it operates in an effective, economic and efficient manner; (b) to assist in the co-ordination of the operations of the Director and the Office of Public Prosecutions; (c) to give directions to members of the police force and other persons with respect to the offences or classes of offence which are to be referred to the Director for the institution and conduct of proceedings; (d) to establish guidelines on the circumstances in which a decision of a kind referred to in paragraph (b) of the definition of special decision in section 3 is not to be treated as a special decision for the purposes of this Act; (e) to establish guidelines on the circumstances in which members of staff employed in the Office of Public Prosecutions may appear in court; (f) to establish guidelines on the treatment of victims of crime by the prosecutorial system having regard to the duties of the Director, the Crown Prosecutors, the Solicitor for Public Prosecutions and the Office of Public Prosecutions; (g) to recommend to the Attorney-General the removal from office of any Crown Prosecutor or Associate Crown Prosecutor. (2) In establishing guidelines under subsection (1)(d), the Committee must have regard to the need to ensure that the decision-making process is not unnecessarily protracted in cases where- (a) because of a change in circumstances since the committal proceeding there is not any reasonable prospect of conviction on the charge or all the charges on which a person was committed for trial; or (b) in the particular circumstances only one decision could reasonably be made in relation to the charge or all the charges on which a person was committed for trial; or (c) the nature and gravity of the charge or all the charges on which a person was committed for trial are not such as to warrant a decision in relation to it or them being treated as a special decision. (3) Nothing in this section empowers the Committee for Public Prosecutions to give any direction to the Director, the Chief Crown Prosecutor, any Crown Prosecutor or Associate Crown Prosecutor or the Solicitor for Public Prosecutions with respect to the performance or exercise of his or her functions or powers. Public Prosecutions Act 1994 - SECT 44 Meetings of Committee 44. Meetings of Committee (1) Meetings of the Committee for Public Prosecutions shall be held at the times and places determined by the Committee or directed by the chairperson. (2) The chairperson must preside at any meeting of the Committee at which he or she is present. (3) If the chairperson is absent, a member elected by the members present must preside. (4) A quorum for a meeting of the Committee is 3. (5) A question arising at a meeting of the Committee must be determined by a majority of votes of the members present and voting on that question and, if the votes are equal, the person presiding has a casting vote as well as a deliberative vote. (6) An act or decision of the Committee is not invalid only because- (a) of a vacancy in the office of a member; or (b) of a defect or irregularity in or in connection with the appointment of a member under section 42(2)(d). (7) Subject to this Part, the Committee may regulate its own meeting procedure. Public Prosecutions Act 1994 - SECT 45 Annual report 45. Annual report (1) The Committee for Public Prosecutions must, in respect of each financial year, prepare an annual report on its operations during that year and submit the report to the Attorney-General not later than 31 October next following the financial year. (2) The report must- (a) be prepared in a form and contain information determined by the Committee for Public Prosecutions to be appropriate; and (b) contain any other information required by the Attorney-General. (3) The Attorney-General must cause each annual report submitted to him or her under this section to be laid before the Legislative Council and the Legislative Assembly within 7 sitting days of the Legislative Council or the Legislative Assembly, as the case may be, after the report has been received by the Attorney-General. (4) If the Committee for Public Prosecutions fails to submit an annual report to the Attorney-General by 31 October in any year, the Attorney-General must report or cause to be reported that failure and the reasons for that failure to each House of the Parliament. _______________ Public Prosecutions Act 1994 - PART 9 PART 9 MISCELLANEOUS Public Prosecutions Act 1994 - SECT 46 Immunity 46. Immunity (1) This section applies to a person who is or has been (whether before or after the commencement of section 3 of the Public Prosecutions (Amendment) Act 2004)- (a) the Director; (b) the Chief Crown Prosecutor; (c) a Crown Prosecutor; (d) an Associate Crown Prosecutor; (e) the Solicitor for Public Prosecutions; (f) a member of staff employed in the Office of Public Prosecutions in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director; (g) a member of the Committee for Public Prosecutions appointed under section 42(2)(d); (h) the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 or a Prosecutor for the Queen holding office before the commencement of section 51(3) of this Act under section 352 of the Crimes Act 1958; (i) a member of staff referred to in section 51(8) employed in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982. (2) A person to whom this section applies is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith- (a) in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982. (3) Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the State. Public Prosecutions Act 1994 - SECT 47 Outcome of trial cannot be challenged etc. on ground relating to special decision 47. Outcome of trial cannot be challenged etc. on ground relating to special decision A verdict returned by a jury on a trial on presentment or an order made by a court on or in connection with such a verdict is not liable to be challenged, appealed against, reviewed, quashed or called in question in any legal proceeding (including a proceeding for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief) on the ground that the making of the presentment was dependent on the making of a special decision and that the procedures prescribed by this Act with respect to the making of special decisions had not been complied with in relation to that special decision. Public Prosecutions Act 1994 - SECT 48 Judicial notice 48. Judicial notice All courts must take judicial notice of- (a) the signature of any person who is or has been the Director, Acting Director, Chief Crown Prosecutor, Acting Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor where that signature purports to be on any official document; and (b) the fact that that person is or was the Director, Acting Director, Chief Crown Prosecutor, Acting Chief Crown Prosecutor, Crown Prosecutor or Associate Crown Prosecutor (as the case requires). Public Prosecutions Act 1994 - SECT 48A Consolidated annual report 48A. Consolidated annual report The Attorney-General may consolidate in the one document all or any two of the reports under sections 12 and 45 of this Act and the report and the report of operations of the Office of Public Prosecutions under Part 7 of the Financial Management Act 1994. Public Prosecutions Act 1994 - SECT 49 Supreme Court-limitation of jurisdiction 49. Supreme Court-limitation of jurisdiction It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from- * * * * * (b) entertaining any proceeding in which a verdict returned by a jury on a trial on presentment or an order made by a court on or in connection with such a verdict is sought to be challenged, appealed against, reviewed, quashed or called in question on the ground that the making of the presentment was dependent on the making of a special decision and that the procedures prescribed by this Act with respect to the making of special decisions had not been complied with in relation to that special decision; or (c) entertaining any application by a person for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief in respect of a verdict returned by a jury on a trial on presentment or an order made by a court on or in connection with such a verdict on the ground referred to in paragraph (b). Public Prosecutions Act 1994 - SECT 50 Regulations 50. Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. Public Prosecutions Act 1994 - SECT 51 Transitional provisions 51. Transitional provisions (1) The office of Director of Public Prosecutions under this Act must be taken to be the same office as the office of Director of Public Prosecutions under the Director of Public Prosecutions Act 1982. (2) The person holding office as Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 immediately before the commencement of this subsection must be taken to have been appointed as Director under this Act and, despite section 4(2), to have been so appointed until he attains the age of 65 years. (3) On the commencement of this subsection the office of Prosecutor for the Queen is abolished and any holder of that office goes out of office. (4) A person holding office as a Prosecutor for the Queen under section 352 of the Crimes Act 1958 immediately before the commencement of subsection (3) is, despite section 32, entitled to be appointed with effect from that commencement as a Crown Prosecutor under this Act- (a) for a term equal to the balance of the term of his or her appointment as a Prosecutor for the Queen immediately before that commencement; and (b) with any entitlement in relation to leave of absence that, in the opinion of the Attorney-General, had or may have accrued to him or her in the office of Prosecutor for the Queen immediately before that commencement; and (c) subject to the terms and conditions to be specified in the instrument of appointment. (5) The terms and conditions with respect to salary and superannuation specified in the instrument of appointment of a person referred to in subsection (4) must be no less favourable to that person than those on which he or she held office as a Prosecutor for the Queen immediately before the commencement of subsection (3). (6) The making presentment at the Supreme Court or County Court of any person for an offence is not in any way affected by reason only of the abolition of the office of Prosecutor for the Queen and any presentment that was signed before the commencement of subsection (3) by a person who then held the office of Prosecutor for the Queen but which was not filed at that Court before that commencement is valid if at the time of its filing at that Court the person who signed it holds the office of Crown Prosecutor under this Act. (7) Any reference to a Prosecutor for the Queen in any Act or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or in any other document whatsoever shall, so far as it relates to any period after the commencement of subsection (3) and if not inconsistent with the context or subject-matter, be construed as a reference to a Crown Prosecutor. (8) All staff holding an appointment under section 8 of the Director of Public Prosecutions Act 1982 immediately before the commencement of this subsection must be taken to be employed in the Office of Public Prosecutions on and from that commencement. (9) Despite the repeal by this Act of section 18(3) of the Director of Public Prosecutions Act 1982, the Director continues, subject to this Act, to have the power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding despite the Act conferring that power on the Attorney-General or a law officer. (10) Despite anything to the contrary in this or any other Act and despite the repeal by this Act of section 16 of the Director of Public Prosecutions Act 1982- (a) the Director must prepare and deliver to the Attorney-General in accordance with that section a report on the operations of the Director's office during the period beginning 1 July 1993 and ending on the day before the day on which section 52 of this Act comes into operation; (b) the report prepared and submitted to the Attorney-General by the Director in accordance with section 12 of this Act for the period ending 30 June 1995 must be for the period beginning on the day on which section 52 comes into operation and ending 30 June 1995; (c) the report prepared and submitted to the Attorney-General by the Committee for Public Prosecutions in accordance with section 45 of this Act for the period ending 30 June 1995 must be for the period beginning on the day on which section 52 comes into operation and ending 30 June 1995. (11) An application made before the commencement of section 46 to a court for punishment of a person for a contempt of court that involves an interference with the administration of justice is not in any way affected by that section and that application may be dealt with in all respects as if this Act had not been passed. Public Prosecutions Act 1994 - SECT 51A Transitional provisions (1998 amendments) 51A. Transitional provisions (1998 amendments) The amendment of section 22(1)(b)(ii) made by section 4 of the Public Prosecutions (Amendment) Act 1998 applies to proceedings in respect of an indictable offence, irrespective of whether they were commenced before or after the commencement of that amendment. Public Prosecutions Act 1994 - SECT 52 Transitional provisions (1999 amendments) 52. Transitional provisions (1999 amendments) (1) The repeal of section 8 by section 5 of the Public Prosecutions (Amendment) Act 1999 does not affect the pension entitlements immediately before the commencement of this subsection of the Director and his or her spouse and children. (2) The repeal of section 46 by section 7 of the Public Prosecutions (Amendment) Act 1999 does not affect any application made before the commencement of this subsection to a court for the punishment of a person for a contempt of court and that application may be dealt with in all respects as if section 46 had not been repealed. (3) Subject to Part IIIA of the Constitution Act 1975, the person holding office as Director of Public Prosecutions under this Act immediately before the commencement of section 10 of the Public Prosecutions (Amendment) Act 1999 continues to hold office as Director of Public Prosecutions after that commencement for the balance of his term of appointment, on the same terms and conditions as those on which he held office before that commencement, as if he had been appointed under section 87AB of the Constitution Act 1975. (4) The office of Director of Public Prosecutions under Part IIIA of the Constitution Act 1975 must be taken to be the same office as the office of Director of Public Prosecutions under this Act. Public Prosecutions Act 1994 - SECT 53 Transitional provision (2004 amendment) 53. Transitional provision (2004 amendment) Section 46, as inserted by section 3 of the Public Prosecutions (Amendment) Act 2004- (a) applies to causes of action irrespective of whether the act or omission alleged to have resulted in the liability occurred before or after the commencement of that Act; but (b) does not affect the rights of the parties- (i) in the proceeding known as Cannon v Tahche (No. 6041 of 1997) in the Supreme Court of Victoria; or (ii) in any other proceeding commenced before the commencement of that Act. Public Prosecutions Act 1994 - SECT 54 Transitional provision (2006 amendment) 54. Transitional provision (2006 amendment) The amendments of section 3 made by section 36 of the Courts Legislation (Jurisdiction) Act 2006 apply to a decision to make presentment of a person for an offence made on or after the commencement of that section of that Act, irrespective of when the offence is alleged to have been committed. Public Prosecutions Act 1994 - SECT 55 Validation provision 55. Validation provision Anything done or purported to have been done under this Act before the commencement of the Public Prosecutions Amendment Act 2006 that would have been validly done had that Act been in operation at the time at which the thing was done or purported to have been done has, and is deemed always to have had, the same force and effect as it would have had if the Public Prosecutions Amendment Act 2006 had been in operation at the time at which the thing was done or purported to have been done. * * * * * __________________ * * * * * --------------- ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 21 April 1994 Legislative Council: 25 May 1994 The long title for the Bill for this Act was "A Bill to provide for the appointment of a Director of Public Prosecutions, a Chief Crown Prosecutor, Crown Prosecutors and a Solicitor for Public Prosecutions, to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee, to make fresh provision with respect to the manner of dealing with certain contempts of court, to establish an Office of Public Prosecutions and a Committee for Public Prosecutions, to repeal the Director of Public Prosecutions Act 1982, to amend the Constitution Act 1975, the County Court Act 1958 and the Crimes (Criminal Trials) Act 1993 and make consequential amendments to certain other Acts and for other purposes.". Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 21 April 1994 Legislative Council: 25 May 1994 Absolute majorities: Legislative Assembly: 24 May 1994 Legislative Council: 27 May 1994 The Public Prosecutions Act 1994 was assented to on 7 June 1994 and came into operation as follows: Part 1 (sections 1-3) on 7 June 1994: section 2(1); rest of Act on 1 July 1994: section 2(3). 2. Table of Amendments This Version incorporates amendments made to the Public Prosecutions Act 1994 by Acts and subordinate instruments. ------------------------------------------------------------- Constitution (Court of Appeal) Act 1994, No. 109/1994 Assent Date: 20.12.94 Commencement Date: Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 Current State: All of Act in operation Public Prosecutions (Amendment) Act 1995, No. 36/1995 Assent Date: 6.6.95 Commencement Date: 6.6.95 Current State: All of Act in operation Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items 69.1-69.6) on 1.1.97: s. 2(3) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Law and Justice Legislation Amendment Act 1997, No. 44/1997 Assent Date: 11.6.97 Commencement Date: S. 32 on 11.6.97: s. 2(1) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Public Prosecutions (Amendment) Act 1998, No. 2/1998 Assent Date: 31.3.98 Commencement Date: 31.3.98 Current State: All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Public Prosecutions (Amendment) Act 1999, No. 62/1999 Assent Date: 21.12.99 Commencement Date: 22.12.99: s. 2 Current State: All of Act in operation Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001 Assent Date: 29.5.01 Commencement Date: Ss 17, 18 on 30.5.01: s. 2(1) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Public Prosecutions (Amendment) Act 2004, No. 4/2004 Endnotes Assent Date: 27.4.04 Commencement Date: 28.4.04: s. 2 Current State: All of Act in operation Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 167) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 90) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Courts Legislation (Jurisdiction) Act 2006, No. 50/2006 Assent Date: 15.8.06 Commencement Date: Ss 36, 37 on 16.8.06: s. 2(1) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2007, No. 6/2007 Assent Date: 20.3.07 Commencement Date: 21.3.07: s. 2 Current State: All of Act in operation Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008 Assent Date: 3.6.08 Commencement Date: S. 21 on 4.6.08: s. 2(1) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008 Assent Date: 11.12.08 Commencement Date: Ss 20-23 on 11.12.08: s. 2(1) Current State: This information relates only to the provision/s amending the Public Prosecutions Act 1994 ------------------------------------------------------------- 3. Explanatory Details 1 S. 13(2): Section 11 of the Public Prosecutions (Amendment) Act 1995, No. 36/1995 reads as follows: 11. Transitional provision The Governor in Council may, at the request of a person holding office as Director of Public Prosecutions, Chief Crown Prosecutor or Senior Crown Prosecutor immediately before the commencement of this Act, amend the instrument of appointment of that person to extend his or her term of appointment to a term not exceeding 20 years from the date of his or her initial appointment as provided by the Principal Act as amended by section 4. 2 S. 32(1): See note 1. ?? ?? Part 1-Preliminary Public Prosecutions Act 1994 No. 43 of 1994