❓ Hon Peter Collier asks whether the Attorney General can refer matters to the ODPP, given the DPP's independence. The AG's response avoids a direct yes/no, highlighting the DPP's independence and lack of provision for referrals in the Act.
AnsweredQoN 1052Legislative Council
Asked
12 September 2024
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
DIRECTOR OF PUBLIC
PROSECUTIONS — ATTORNEY GENERAL REFERRALS
1052. Hon PETER COLLIER to the parliamentary secretary
representing the Attorney General:
I
refer the Attorney General to his response to question without notice 1034
asked on Wednesday, 11 September 2024 .
(1) Although
section 27(2) of the Director of Public Prosecutions Act 1991 ensures that the
Attorney General may not issue a direction to the director in respect of a particular
case, does this section or any other section of the act prevent the Attorney
General from referring a matter to the Office of the Director of Public
Prosecutions?
(2) If yes to (1), which section or
sections?
PROSECUTIONS — ATTORNEY GENERAL REFERRALS
1052. Hon PETER COLLIER to the parliamentary secretary
representing the Attorney General:
I
refer the Attorney General to his response to question without notice 1034
asked on Wednesday, 11 September 2024 .
(1) Although
section 27(2) of the Director of Public Prosecutions Act 1991 ensures that the
Attorney General may not issue a direction to the director in respect of a particular
case, does this section or any other section of the act prevent the Attorney
General from referring a matter to the Office of the Director of Public
Prosecutions?
(2) If yes to (1), which section or
sections?
AnswerView source ↗
I
thank the member for some notice of the question. The following answer has been
provided to me by the Attorney General .
(1) One purpose
of establishing the statutory office of the Director of Public Prosecutions,
provided for in the Director of Public Prosecutions Act 1991, is to give
control over criminal prosecutions to a person who is independent of political
or ministerial control, and is seen to be independent of such control. It is
not clear what is contemplated by the word ''referring'' or what
is required by the director upon receipt of a referral. Irrespective of what is
contemplated, there is nothing in part 4 of the DPP act under the heading ''Relationship
with Attorney General'' that provides for the Attorney to refer matters
to the ODPP, and it specifically prohibits the Attorney from issuing directions
to the DPP in respect of a particular case.
(2) Not applicable.
thank the member for some notice of the question. The following answer has been
provided to me by the Attorney General .
(1) One purpose
of establishing the statutory office of the Director of Public Prosecutions,
provided for in the Director of Public Prosecutions Act 1991, is to give
control over criminal prosecutions to a person who is independent of political
or ministerial control, and is seen to be independent of such control. It is
not clear what is contemplated by the word ''referring'' or what
is required by the director upon receipt of a referral. Irrespective of what is
contemplated, there is nothing in part 4 of the DPP act under the heading ''Relationship
with Attorney General'' that provides for the Attorney to refer matters
to the ODPP, and it specifically prohibits the Attorney from issuing directions
to the DPP in respect of a particular case.
(2) Not applicable.
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