Victorian Consolidated Legislation

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.