Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 22

PART 4 FUNCTIONS AND POWERS OF DIRECTOR

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.