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DIRECTOR OF PUBLIC PROSECUTIONS ACT 1986 - SECT 15A
Disclosures by law enforcement or investigating officers
(1) Law enforcement or investigating officers for alleged offences have a duty
to disclose to the Director all relevant information, documents or other
things obtained during the investigation that might reasonably be expected to
assist the case for the prosecution or the case for the accused person.
(1A)
The duty of disclosure arises only if the Director exercises any function
under this Act or Part 2 of Chapter 3 of the Criminal Procedure Act 1986 with
respect to the prosecution of the offence (including in connection with a
law enforcement or investigating officer seeking advice from the Director
under section 14A of the Criminal Procedure Act 1986 about the commencement
of proceedings for an offence).
(2) The duty of disclosure continues until
one of the following happens-- (a) the Director decides that the accused
person will not be prosecuted for the alleged offence,
(b) the prosecution is
terminated,
(c) the accused person is convicted or acquitted.
(3)
Law enforcement or investigating officers for alleged offences also have a
duty to retain any such documents or other things for so long as the duty to
disclose them continues under this section. This subsection does not affect
any other legal obligation with respect to the possession of the documents or
other things.
(4) The regulations may make provision for or with respect to
the duties of law enforcement or investigating officers under this section,
including for or with respect to-- (a) the recording of any such information,
documents or other things, and
(b) verification of compliance with any such
duty.
(5) The duty imposed by this section is in addition to any other duties
of law enforcement or investigating officers in connection with the
investigation and prosecution of offences.
(6) The duty imposed by this
section does not require law enforcement or investigating officers to provide
to the Director any information, documents or other things-- (a) that are the
subject of a claim of privilege, public interest immunity or statutory
immunity, or
(b) that would contravene a statutory publication restriction if
so provided.
(7) The duty of a law enforcement or investigating officer in
such a case is to inform the Director of-- (a) the existence of any
information, document or other thing of that kind, and
(b) the nature of that
information, document or other thing and the claim or publication restriction
relating to it.
However, a law enforcement or investigating officer must
provide to the Director any information, document or other thing of that kind
if the Director requests it to be provided.
(9) In this section--
"statutory publication restriction" means a prohibition or restriction on
publication that is imposed by or under-- (a) section 176 (Disclosure and use
of examination material) or 177 (Disclosure and use of evidence given at
examination) of the Law Enforcement Conduct Commission Act 2016 , or
(b)
section 45 or 45A of the Crime Commission Act 2012 , or
(c) section 112 of
the Independent Commission Against Corruption Act 1988 .
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