PUBLIC PROSECUTIONS ACT 1994 - SECT 32 Terms and conditions
PUBLIC PROSECUTIONS ACT 1994 - SECT 32
Terms and conditionsS. 32(1) amended
by Nos 36/1995
s. 4(3), 3/2012 s. 18(1).
(1) Subject to subsection (1A), 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-appointment.
S. 32(1A) inserted by No. 3/2012 s. 18(2).
(1A) The reappointment of a Senior Crown Prosecutor may be for a period not exceeding 10 years if, at the reappointment date, the Senior Crown Prosecutor is entitled under section 35 to a pension if the Senior Crown Prosecutor resigns or retires.
(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.
S. 32(3A) inserted by No. 6/2007
s. 4, substituted by No. 77/2013 s. 20.
(3A) Despite anything to the contrary in subsection (1) or (2), any of the following persons may be appointed under this Act as a Crown Prosecutor—
(a) the Director of Public Prosecutions under the law of another State or a Territory;
(b) a member of staff of the office of that Director who is an Australian lawyer;
(c) a Crown Prosecutor appointed under the law of another State or a Territory.
S. 32(3B) inserted by No. 77/2013 s. 20.
(3B) A person appointed under subsection (3A) holds office—
(a) for the term, not exceeding 20 years, specified in the instrument of appointment; or
(b) until the person ceases to be a person referred to in subsection (3A)(a), (b) or (c), if the cessation occurs before the term of appointment expires.
(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.
S. 32(7) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 167.1).
(7) The office of Crown Prosecutor is not an authority within the meaning of section 104(1) of the Public Administration Act 2004 .
S. 32A inserted by No. 83/2008 s. 22.