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PARLIAMENT OF VICTORIA
Public Prosecutions Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 3
PART 2--AMENDMENT OF PUBLIC PROSECUTIONS
ACT 1994 4
4 Purposes 4
5 Definitions 4
6 Note for Part 2 inserted 5
7 Acting Director 5
8 Annual report 5
9 Role of Chief Crown Prosecutor 5
10 New section 19B inserted 6
19B Chief Crown Prosecutor may act as Director 6
11 Chief Crown Prosecutor is responsible to Director 6
12 Functions of Director 7
13 Section 23 substituted 7
23 Functions of Director in relation to public prosecutions
service 7
14 New section 25A inserted 8
25A Guidelines--briefing legal practitioners other than
Crown Prosecutors and Associate Crown Prosecutors 8
15 Guidelines 8
16 Director to be provided with certain information 9
17 Delegation 9
18 Appointment of Senior Crown Prosecutor 9
19 Removal from office 10
20 Functions of Crown Prosecutors 10
21 New Parts 6, 7 and 8 substituted for Parts 5A, 6, 7 and 8 11
PART 6--ASSOCIATE CROWN PROSECUTORS 11
37 Appointment 11
38 Functions of Associate Crown Prosecutors 12
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Clause Page
PART 7--OFFICE OF PUBLIC PROSECUTIONS 13
Division 1--Office of Public Prosecutions 13
39 Office of Public Prosecutions 13
40 Employment of staff 13
41 Functions of Office 13
Division 2--Solicitor for Public Prosecutions 14
42 Appointment 14
43 Functions of Solicitor for Public Prosecutions 15
44 Delegation 16
PART 8--THE DIRECTOR'S COMMITTEE 16
Division 1--Establishment and functions of Director's
Committee 16
45 Director's Committee 16
45A Functions of Director's Committee 17
45B Guidelines--regarding special decisions 18
Division 2--Special decisions 19
45C Meeting to be held for special decisions 19
45D Constitution of Director's Committee for meeting on
special decision 19
45E When meeting not required 20
45F Report to Attorney-General if advice not followed 21
45G Report to be tabled in Parliament 21
45H Delegation of functions in relation to special decisions 22
22 Immunity 23
23 Judicial notice 24
24 Consolidated annual report 24
25 New section 56 inserted 25
56 Transitional provisions (2011 amendment) 25
PART 3--AMENDMENT OF PUBLIC ADMINISTRATION
ACT 2004 27
26 Definition of exempt body 27
27 Public service body Head 27
28 Who are employers for the purposes of this Division? 27
29 Termination of employment (executives) 28
30 Application of Public Administration Act 2004 28
31 New clause 15 inserted in Schedule 2 28
15 Public Prosecutions Amendment Act 2011 28
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Clause Page
PART 4--REPEAL OF AMENDING ACT 30
32 Repeal of amending Act 30
ENDNOTES 31
571177B.I-26/10/2011 iii BILL LA INTRODUCTION 26/10/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Public Prosecutions Amendment Bill
2011
A Bill for an Act to amend the Public Prosecutions Act 1994 in
relation to the public prosecutions service and the Public
Administration Act 2004 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Public Prosecutions Act
5 1994--
(i) to confer new functions on the Director
of Public Prosecutions as the head of
the public prosecutions service; and
(ii) to improve the organisational structure
10 of the public prosecutions service; and
571177B.I-26/10/2011 1 BILL LA INTRODUCTION 26/10/2011
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Part 1--Preliminary
s. 2
(iii) to provide for the Director of Public
Prosecutions to appoint the Solicitor for
Public Prosecutions and Associate
Crown Prosecutors; and
5 (iv) to establish a new standing Director's
Committee and set out its functions and
powers; and
(v) to abolish the Committee for Public
Prosecutions; and
10 (b) to amend the Public Administration Act
2004--
(i) to provide that the Director's
Committee is an exempt body for the
purposes of that Act; and
15 (ii) to confer on the Solicitor for Public
Prosecutions the functions of a public
service body Head in respect of newly
appointed Associate Crown
Prosecutors; and
20 (iii) to provide for that Act to apply to the
Director of Public Prosecutions in
relation to the appointment of the
Solicitor for Public Prosecutions and
Associate Crown Prosecutors.
25 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2012, it comes into
30 operation on that day.
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Public Prosecutions Amendment Bill 2011
Part 1--Preliminary
s. 3
3 Principal Act
In this Act, the Public Prosecutions Act 1994 is See:
Act No.
called the Principal Act. 43/1994.
Reprint No. 3
as at
21 March
2007
and
amending
Act Nos
23/2008,
77/2008,
83/2008,
4/2009 and
68/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Public Prosecutions Amendment Bill 2011
Part 2--Amendment of Public Prosecutions Act 1994
s. 4
PART 2--AMENDMENT OF PUBLIC PROSECUTIONS
ACT 1994
4 Purposes
(1) Section 1(c) of the Principal Act is repealed.
5 (2) In section 1(e) of the Principal Act, for
"a Committee for Public Prosecutions" substitute
"a Director's Committee".
5 Definitions
(1) In section 3(1) of the Principal Act, in the
10 definition of Associate Crown Prosecutor, for
"Part 5A" substitute "Part 6".
(2) In section 3(1) of the Principal Act, for the
definition of Director's Committee substitute--
"Director's Committee means the Director's
15 Committee established under Part 8;".
(3) In section 3(1) of the Principal Act, in the
definition of special decision--
(a) in paragraph (b), for "the Committee for
Public Prosecutions under section 43(1)(d)"
20 substitute "the Director's Committee under
section 45A(1)(b)";
(b) for paragraph (g) substitute--
"(g) to establish guidelines under
section 26(1); or".
25 (4) In section 3(1) of the Principal Act insert the
following definition--
"public prosecutions service means the service
consisting of--
(a) the Director of Public Prosecutions; and
30 (b) the Chief Crown Prosecutor; and
(c) Crown Prosecutors; and
(d) Associate Crown Prosecutors; and
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Part 2--Amendment of Public Prosecutions Act 1994
s. 6
(e) the Solicitor for Public Prosecutions;
and
(f) the Office of Public Prosecutions;".
6 Note for Part 2 inserted
5 After the heading to Part 2 of the Principal Act
insert the following note--
"Note
The Director of Public Prosecutions is appointed under
Part IIIA of the Constitution Act 1975.".
10 7 Acting Director
At the foot of section 9(1) of the Principal Act
insert the following note--
"Note
Section 19B also provides that the Chief Crown Prosecutor
15 may act as the Director if the Governor in Council has not
appointed an Acting Director.".
8 Annual report
(1) In section 12(2)(b) of the Principal Act, for
"section 23(6)" substitute "section 45F(1)".
20 (2) In section 12(2)(c) of the Principal Act--
(a) for "section 23(6)" substitute
"section 45F(1)";
(b) for "section 23(7)" substitute
"section 45F(2)".
25 9 Role of Chief Crown Prosecutor
In section 14(a) of the Principal Act, for "function
as a group in an effective and efficient manner"
substitute "perform their functions and duties in
an effective, economic and efficient manner".
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s. 10
10 New section 19B inserted
After section 19A of the Principal Act insert--
"19B Chief Crown Prosecutor may act as
Director
5 (1) The Chief Crown Prosecutor or the Acting
Chief Crown Prosecutor may act as the
Director during any period when--
(a) the office of Director is vacant; or
(b) the Director is absent from duty or is,
10 for any reason, unable to carry out the
duties of the office.
(2) Subsection (1) does not apply if the
Governor in Council has appointed an
Acting Director under section 9.
15 (3) The Chief Crown Prosecutor or the Acting
Chief Crown Prosecutor, while acting as the
Director under subsection (1)--
(a) has the same powers and duties as the
Director; and
20 (b) may perform any of the functions of the
Director.".
11 Chief Crown Prosecutor is responsible to Director
(1) In section 20(2) of the Principal Act, after
"subsection (1)" insert "or section 23(f)".
25 (2) In section 20(2)(b) of the Principal Act, for
"a Director's Committee or of the Committee for
Public Prosecutions" substitute "the Director's
Committee".
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12 Functions of Director
(1) After section 22(1)(cc) of the Principal Act
insert--
"(cd) the functions in relation to the public
5 prosecutions service set out in section 23;".
(2) In section 22(2) of the Principal Act, for "a
Director's Committee" substitute "the Director's
Committee".
13 Section 23 substituted
10 For section 23 of the Principal Act substitute--
"23 Functions of Director in relation to public
prosecutions service
The Director has the following functions in
relation to the public prosecutions service--
15 (a) to be the head of the public
prosecutions service;
(b) to ensure that the public prosecutions
service functions in an efficient,
economic and effective manner;
20 (c) to recommend to the Attorney-General,
after consulting with the Director's
Committee, the appointment,
re-appointment or removal from office
of Crown Prosecutors;
25 (d) after consulting with the Director's
Committee, to appoint Associate
Crown Prosecutors in accordance with
Part 6;
(e) to appoint or remove a Solicitor for
30 Public Prosecutions in accordance with
Part 7;
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Part 2--Amendment of Public Prosecutions Act 1994
s. 14
(f) to give directions to the following
persons in accordance with this Act--
(i) the Chief Crown Prosecutor;
(ii) Crown Prosecutors;
5 (iii) Associate Crown Prosecutors;
(iv) the Solicitor for Public
Prosecutions.".
14 New section 25A inserted
After section 25 of the Principal Act insert--
10 "25A Guidelines--briefing legal practitioners
other than Crown Prosecutors and
Associate Crown Prosecutors
(1) The Director may establish guidelines on the
classes of proceedings in which he or she is
15 to be consulted before legal practitioners,
other than Crown Prosecutors or Associate
Crown Prosecutors, are briefed to appear on
behalf of the Director.
(2) The Solicitor for Public Prosecutions must
20 consult the Director before briefing a legal
practitioner, other than a Crown Prosecutor
or Associate Crown Prosecutor, to appear on
behalf of the Director in a proceeding to
which guidelines under subsection (1)
25 apply.".
15 Guidelines
(1) Insert the following heading to section 26 of the
Principal Act--
"Guidelines--prosecutions of offences".
30 (2) In section 26(1) of the Principal Act--
(a) for "issue" substitute "establish";
(b) for "offences to" substitute "offences for".
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Part 2--Amendment of Public Prosecutions Act 1994
s. 16
(3) In section 26(2) of the Principal Act, for "issue"
substitute "establish".
(4) In section 26(3) and (4) of the Principal Act, for
"issued" substitute "established".
5 16 Director to be provided with certain information
In section 27(1)(a) of the Principal Act, for
"Committee for Public Prosecutions under section
43(1)(c)" substitute "Director's Committee under
section 45A(1)(a)".
10 17 Delegation
For section 30(1)(c) of the Principal Act
substitute--
"(c) any function or power the Director has as a
member of the Director's Committee in
15 relation to special decisions, as provided by
Division 2 of Part 8; and
(ca) a power in relation to the appointment of the
Solicitor for Public Prosecutions or
Associate Crown Prosecutors; and".
20 18 Appointment of Senior Crown Prosecutor
(1) In section 32(1) of the Principal Act for
"A person" substitute "Subject to subsection
(1A), a person".
(2) After section 32(1) of the Principal Act insert--
25 "(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
30 Prosecutor resigns or retires.".
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Part 2--Amendment of Public Prosecutions Act 1994
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19 Removal from office
For section 34(e) of the Principal Act
substitute--
"(e) the Director, after consulting with the
5 Director's Committee, recommends to the
Attorney-General that the Crown Prosecutor
be removed from office.".
20 Functions of Crown Prosecutors
(1) For section 36(4) of the Principal Act
10 substitute--
"(4) A Crown Prosecutor is--
(a) subject to the general direction and
control of the Director in the
performance of the Crown Prosecutor's
15 functions; and
(b) responsible to the Director for the due
performance of the Crown Prosecutor's
functions.".
(2) For section 36(5)(b) of the Principal Act
20 substitute--
"(b) the functions and powers a Crown
Prosecutor has as a member of the Director's
Committee in relation to special decisions, as
provided by Division 2 of Part 8; or".
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Part 2--Amendment of Public Prosecutions Act 1994
s. 21
21 New Parts 6, 7 and 8 substituted for Parts 5A, 6, 7
and 8
For Parts 5A, 6, 7 and 8 of the Principal Act
substitute--
5 "PART 6--ASSOCIATE CROWN
PROSECUTORS
37 Appointment
(1) The Director, after consulting with the
Director's Committee, may, on behalf of the
10 Crown, appoint as an Associate Crown
Prosecutor a person who is an Australian
lawyer and who has practised as such for not
less than 3 years.
(2) The appointment is to be made under Part 3
15 of the Public Administration Act 2004.
(3) The designation of the Solicitor for Public
Prosecutions under the Public
Administration Act 2004 as having the
functions of a public service body Head in
20 relation to Associate Crown Prosecutors does
not affect the operation of subsections (1)
and (2).
(4) The Director has no power to remove an
Associate Crown Prosecutor.
25 Note
Associate Crown Prosecutors appointed under this
section may have their employment terminated by the
Solicitor for Public Prosecutions in accordance with
Division 8 of Part 3 of the Public Administration
30 Act 2004. This is because the Solicitor for Public
Prosecutions has the functions of a public service
body Head under that Act in respect of those
Associate Crown Prosecutors.
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Part 2--Amendment of Public Prosecutions Act 1994
s. 21
38 Functions of Associate Crown Prosecutors
(1) The functions of an Associate Crown
Prosecutor are--
(a) to conduct, and appear in, proceedings
5 on behalf of the Director;
(b) any other functions that are given to
Associate Crown Prosecutors by or
under this or any other Act or by the
Director.
10 (2) In the performance of his or her functions an
Associate Crown Prosecutor must have
regard to the need to ensure that the
prosecutorial system gives appropriate
consideration to the concerns of the victims
15 of crime.
(3) An Associate Crown Prosecutor is--
(a) subject to the general direction and
control of the Director in the
performance of the Associate Crown
20 Prosecutor's functions; and
(b) responsible to the Director for the due
performance of the Associate Crown
Prosecutor's functions; and
(c) under the day to day management of
25 the Chief Crown Prosecutor.
Note
The Solicitor for Public Prosecutions has the
functions of a public service body Head under the
Public Administration Act 2004 in relation to
30 Associate Crown Prosecutors.
(4) Nothing in this Act empowers the Director or
the Chief Crown Prosecutor to give any
direction to an Associate Crown Prosecutor
with respect to the functions and powers an
35 Associate Crown Prosecutor has as a
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Part 2--Amendment of Public Prosecutions Act 1994
s. 21
member of the Director's Committee in
relation to special decisions, as provided by
Division 2 of Part 8.
__________________
5 PART 7--OFFICE OF PUBLIC PROSECUTIONS
Division 1--Office of Public Prosecutions
39 Office of Public Prosecutions
(1) There continues to be established an Office
of Public Prosecutions.
10 (2) The Office consists of--
(a) the Solicitor for Public Prosecutions;
and
(b) as many other members of staff as are
necessary to enable the Office to do its
15 work.
40 Employment of staff
The members of staff of the Office of Public
Prosecutions referred to in section 39(2)(b)
are to be employed under Part 3 of the
20 Public Administration Act 2004.
41 Functions of Office
(1) The functions of the Office of Public
Prosecutions are--
(a) to prepare and conduct effectively,
25 economically and efficiently on behalf
of the Director--
(i) any proceeding or other matter
referred to in section 22(1);
(ii) any other proceeding or matter in
30 which the Director is involved;
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s. 21
(b) to provide for the appearance of
members of staff of the Office of Public
Prosecutions in proceedings on behalf
of the Director in accordance with
5 guidelines established by the Director's
Committee under section 45A(1)(c).
(2) In the performance of the functions of the
Office of Public Prosecutions, members of
staff of the Office must have regard to the
10 need to ensure that the prosecutorial system
gives appropriate consideration to the
concerns of the victims of crime.
Division 2--Solicitor for Public Prosecutions
42 Appointment
15 (1) The Director may, on behalf of the Crown,
appoint a person as the Solicitor for Public
Prosecutions.
(2) The appointment is to be an executive
appointment under Part 3 of the Public
20 Administration Act 2004.
Notes
1 The Solicitor for Public Prosecutions has the functions
of a public service body Head under the Public
Administration Act 2004 in relation to the Office of
25 Public Prosecutions and Associate Crown Prosecutors
appointed under section 37.
2 The Solicitor for Public Prosecutions is required to
prepare a report of operations and financial statements
of the Office of Public Prosecutions for each financial
30 year under Part 7 of the Financial Management Act
1994.
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Part 2--Amendment of Public Prosecutions Act 1994
s. 21
43 Functions of Solicitor for Public
Prosecutions
(1) The functions of the Solicitor for Public
Prosecutions are--
5 (a) to manage the Office of Public
Prosecutions on behalf of the Director;
and
(b) to brief Crown Prosecutors or Associate
Crown Prosecutors to appear in
10 proceedings on behalf of the Director
or, subject to section 25A, legal
practitioners other than Crown
Prosecutors or Associate Crown
Prosecutors; and
15 (c) the functions conferred on the Solicitor
for Public Prosecutions as a member of
the Director's Committee; and
(d) any other functions that are given to the
Solicitor for Public Prosecutions by or
20 under this or any other Act or by the
Director.
(2) Nothing in subsection (1)(b) affects or takes
away from the authority of the Chief Crown
Prosecutor under section 14(a).
25 (3) In the performance of his or her functions the
Solicitor for Public Prosecutions must have
regard to the need to ensure that the
prosecutorial system gives appropriate
consideration to the concerns of the victims
30 of crime.
(4) The Solicitor for Public Prosecutions is--
(a) subject to the general direction and
control of the Director in the
performance of the Solicitor's
35 functions; and
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Part 2--Amendment of Public Prosecutions Act 1994
s. 21
(b) responsible to the Director for the due
performance of the Solicitor's
functions.
(5) Nothing in this section or section 31A of the
5 Public Administration Act 2004 affects or
takes away from the role of the Chief Crown
Prosecutor in controlling the day to day
management of Associate Crown
Prosecutors under section 14(a).
10 44 Delegation
The Solicitor for Public Prosecutions may,
by instrument, delegate to any member of
staff employed in the Office of Public
Prosecutions any function or power of the
15 Solicitor for Public Prosecutions under this
Act, other than this power of delegation.
__________________
PART 8--THE DIRECTOR'S COMMITTEE
Division 1--Establishment and functions of
20 Director's Committee
45 Director's Committee
(1) There is established a Director's Committee.
(2) Subject to this Part, the Director's Committee
consists of the following persons--
25 (a) the Director, who is to be the
Chairperson;
(b) the Chief Crown Prosecutor;
(c) the Solicitor for Public Prosecutions.
(3) Subject to Division 2, the Director's
30 Committee may regulate its own meeting
procedure.
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45A Functions of Director's Committee
(1) The Director's Committee has the following
functions--
(a) to give directions to members of the
5 police force and other persons in
relation to the offences or classes of
offence that are to be referred to the
Director for the institution and conduct
of proceedings;
10 (b) to establish guidelines in accordance
with section 45B on the circumstances
in which a decision of a kind referred to
in paragraph (b) of the definition of
special decision is not to be treated as a
15 special decision for the purposes of this
Act;
(c) to establish guidelines on the
circumstances in which members of
staff of the Office of Public
20 Prosecutions may appear in court;
(d) the functions in relation to special
decisions set out in Division 2;
(e) to consult with the Director in relation
to the appointment or reappointment of
25 a Crown Prosecutor or Associate
Crown Prosecutor;
(f) to consult with the Director in relation
to the removal of a Crown Prosecutor
from office;
30 (g) to provide advice to the Director in
relation to the public prosecutions
service.
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(2) Nothing in this section empowers the
Director's Committee to give any direction to
the Director, the Chief Crown Prosecutor,
any Crown Prosecutor or Associate Crown
5 Prosecutor or the Solicitor for Public
Prosecutions with respect to the performance
or exercise of his or her functions or powers.
45B Guidelines--regarding special decisions
In establishing guidelines under section
10 45A(1)(b), the Director's Committee must
have regard to the need to ensure that the
decision-making process is not unnecessarily
protracted in cases where--
(a) because of a change in circumstances
15 since the committal proceeding there is
not any reasonable prospect of
conviction on the charge or all the
charges on which a person was
committed for trial; and
20 (b) in the particular circumstances only one
decision could reasonably be made in
relation to the charge or all the charges
on which a person was committed for
trial; or
25 (c) the nature and gravity of the charge or
all the charges on which a person was
committed for trial was not such as to
warrant a decision in relation to it or
them being treated as a special
30 decision.
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Division 2--Special decisions
45C Meeting to be held for special decisions
(1) Before making a special decision, the
Director must hold a meeting of the
5 Director's Committee to consider the
decision.
(2) The purpose of the meeting is to provide
advice to the Director on the special decision
in relation to which it is held.
10 45D Constitution of Director's Committee for
meeting on special decision
(1) For the purposes of a meeting referred to in
section 45C, the Director's Committee is to
be constituted by--
15 (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)
20 of the definition of that term in
section 3--
(i) the Crown Prosecutor, Associate
Crown Prosecutor or other
Australian lawyer concerned; or
25 (ii) if both a Crown Prosecutor and an
Associate Crown Prosecutor are
concerned, the Crown Prosecutor
concerned; or
(iii) if more than one Crown
30 Prosecutor is concerned, the most
senior Crown Prosecutor
concerned; or
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s. 21
(iv) if more than one Australian
lawyer (other than a Crown
Prosecutor or an Associate Crown
Prosecutor) is concerned, the most
5 senior counsel concerned; or
(v) if one or more than one Crown
Prosecutor and one or more than
one Associate Crown Prosecutor
or other Australian lawyer are
10 concerned, the most senior Crown
Prosecutor concerned; or
(vi) if the Crown Prosecutor,
Associate Crown Prosecutor or
other Australian lawyer concerned
15 is not available, the most senior
Crown Prosecutor available; and
(d) in any other case, the most senior
Crown Prosecutor available.
Note
20 The Solicitor for Public Prosecutions is not a member
of the Director's Committee for the purposes of a
meeting on a special decision.
(2) Subject to this Division, the Director's
Committee may regulate its own meeting
25 procedure under this Division.
45E When meeting not required
Despite section 45C, the Director is not
required to convene a meeting of the
Director's Committee in relation to a
30 particular special decision if the Chief
Crown Prosecutor and the person referred to
in section 45D(1)(c) or (d) (as the case
requires) have each--
(a) provided written advice to the Director
35 on the special decision; and
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(b) informed the Director in writing that, in
his or her opinion, it is not necessary to
convene a meeting of the Committee.
45F Report to Attorney-General if advice not
5 followed
(1) 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 practicable submit to the
10 Attorney-General, for laying before
Parliament, a statement in writing setting out
that decision and the reason or reasons for it.
(2) The Director may, at the time of submitting a
statement to the Attorney-General under
15 subsection (1), 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
20 (including proceedings by way of appeal
from, or otherwise arising out of,
proceedings in relation to the matter) are
determined or discontinued.
(3) If the Director acts under subsection (2) in
25 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
30 discontinuance occurring.
45G Report to be tabled in Parliament
The Attorney-General must cause a
statement submitted to him or her under
section 45F(1) to be laid before the
35 Legislative Council and the Legislative
Assembly within 7 sitting days of the
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Public Prosecutions Amendment Bill 2011
Part 2--Amendment of Public Prosecutions Act 1994
s. 21
Legislative Council or the Legislative
Assembly, as the case may be--
(a) after the receipt by him or her of the
statement; or
5 (b) after being informed by the Director
under section 45F(3) of the
determination or discontinuance of all
proceedings in relation to the matter if,
at the time of submitting the statement
10 to the Attorney-General, the Director
acted under section 45F(2) and the
Attorney-General considered that the
interests of justice required that the
statement not be laid before Parliament
15 until all proceedings referred to in that
subsection had been determined or
discontinued.
45H Delegation of functions in relation to
special decisions
20 (1) Despite anything to the contrary in this Act,
if the Director will not be available for any
reason to act as a member of the Director's
Committee for a particular period not
exceeding 2 weeks, he or she may, by
25 instrument, delegate his or her functions and
powers under this Division in respect of that
period to--
(a) the Chief Crown Prosecutor; or
(b) if the Chief Crown Prosecutor is not
30 available, the Senior Crown Prosecutor
(Major Trials).
(2) 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
35 of the Director's Committee for a particular
period not exceeding 2 weeks, he or she
571177B.I-26/10/2011 22 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 2--Amendment of Public Prosecutions Act 1994
s. 22
may, by instrument, delegate his or her
functions and powers under this Division in
respect of that period to--
(a) the Senior Crown Prosecutor (Major
5 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.
10 (3) If the functions and powers of the Director
under this Division in respect of a particular
period are delegated to the Chief Crown
Prosecutor under subsection (1), the Chief
Crown Prosecutor must, by instrument,
15 delegate in accordance with subsection (2)
(as if he or she were not available) his or her
functions and powers under this Division in
respect of that period.
(4) If a person to whom functions and powers
20 are delegated in accordance with subsection
(1) or (2) 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
25 decision, the delegate must complete those
functions in all respects as if the delegation
had not expired.
__________________".
22 Immunity
30 (1) For section 46(1)(d) of the Principal Act
substitute--
"(d) an Associate Crown Prosecutor appointed
under section 36A as in force before the
commencement of section 21 of the Public
35 Prosecutions Amendment Act 2011;".
571177B.I-26/10/2011 23 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 2--Amendment of Public Prosecutions Act 1994
s. 23
(2) For section 46(1)(e) of the Principal Act
substitute--
"(e) the Solicitor for Public Prosecutions
appointed under section 37 as in force before
5 the commencement of section 21 of the
Public Prosecutions Amendment Act
2011;".
(3) In section 46(1)(g) of the Principal Act, after
"section 42(2)(d)" insert "as in force before the
10 commencement of section 21 of the Public
Prosecutions Amendment Act 2011".
23 Judicial notice
For section 48(a) of the Principal Act
substitute--
15 "(a) the signature of any person who is or has
been--
(i) the Director or an Acting Director; or
(ii) the Chief Crown Prosecutor or an
Acting Chief Crown Prosecutor; or
20 (iii) a Crown Prosecutor; or
(iv) an Associate Crown Prosecutor who
was appointed before the
commencement of section 21 of the
Public Prosecutions Amendment Act
25 2011--
where that signature purports to be on any
official document; and".
24 Consolidated annual report
In section 48A of the Principal Act, for "all or any
30 two of the reports under sections 12 and 45 of this
Act and the report" substitute "both the report
under section 12 of this Act".
571177B.I-26/10/2011 24 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 2--Amendment of Public Prosecutions Act 1994
s. 25
25 New section 56 inserted
After section 55 of the Principal Act insert--
"56 Transitional provisions (2011 amendment)
(1) In this section--
5 appointed Associate Crown Prosecutor
means a person who, immediately
before the commencement day, held
office as an Associate Crown
Prosecutor;
10 appointed Solicitor for Public Prosecutions
means the person who, immediately
before the commencement day, held
office as the Solicitor for Public
Prosecutions;
15 commencement day means the day on which
section 21 of the Public Prosecutions
Amendment Act 2011 comes into
operation;
old appearance guidelines means the
20 guidelines established under section
43(1)(e) as in force immediately before
the commencement day;
old briefing guidelines means the guidelines
established under section 38(1A) as in
25 force immediately before the
commencement day;
old decision guidelines means the guidelines
established under section 43(1)(d) as in
force immediately before the
30 commencement day;
old direction means a direction given under
section 43(1)(c) as in force immediately
before the commencement day.
571177B.I-26/10/2011 25 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 2--Amendment of Public Prosecutions Act 1994
s. 25
(2) Sections 36A to 36D as in force immediately
before the commencement day continue to
apply to an appointed Associate Crown
Prosecutor for the remainder of the term of
5 his or her appointment and section 37 as in
force on and after the commencement day
does not apply to that person during that
period of appointment.
(3) Section 37 as in force immediately before the
10 commencement day continues to apply to the
appointed Solicitor for Public Prosecutions
for the remainder of the term of his or her
appointment and section 42 as in force on
and after the commencement day does not
15 apply to that person during that period of
appointment.
(4) On and after the commencement day, the old
appearance guidelines are taken to be
guidelines established by the Director's
20 Committee under section 45A(1)(c).
(5) On and after the commencement day, the old
briefing guidelines are taken to be guidelines
established by the Director under
section 25A.
25 (6) On and after the commencement day, the old
decision guidelines are taken to be guidelines
established by the Director's Committee
under section 45A(1)(b).
(7) On and after the commencement day, an old
30 direction is taken to be a direction given by
the Director's Committee under
section 45A(1)(a).".
__________________
571177B.I-26/10/2011 26 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 3--Amendment of Public Administration Act 2004
s. 26
PART 3--AMENDMENT OF PUBLIC ADMINISTRATION
ACT 2004
26 Definition of exempt body
In section 4(1) of Public Administration Act See:
Act No.
5 2004, for paragraph (d) of the definition of exempt 108/2004.
body substitute-- Reprint No. 2
as at
20 August
"(d) the Office of Public Prosecutions or the 2009
Director's Committee within the meaning of and
amending
the Public Prosecutions Act 1994;". Act Nos
77/2008,
69/2009,
16/2010,
34/2011 and
47/2011.
LawToday:
www.
legislation.
vic.gov.au
10 27 Public service body Head
For section 16(1)(j) of the Public Administration
Act 2004 substitute--
"(j) the Solicitor for Public Prosecutions in
relation to Associate Crown Prosecutors
15 appointed under section 37 of the Public
Prosecutions Act 1994 and the Office of
Public Prosecutions;".
28 Who are employers for the purposes of this
Division?
20 After section 24(a) of the Public Administration
Act 2004 insert--
"(ab) in the case of the Solicitor for Public
Prosecutions--the Director of Public
Prosecutions;".
571177B.I-26/10/2011 27 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 3--Amendment of Public Administration Act 2004
s. 29
29 Termination of employment (executives)
(1) In section 34(1) of the Public Administration
Act 2004, for "The" substitute "Subject to
subsection (1A), the".
5 (2) After section 34(1) of the Public Administration
Act 2004 insert--
"(1A) The Director of Public Prosecutions may
terminate the employment of the Solicitor for
Public Prosecutions for any reason consistent
10 with the terms and conditions of his or her
contract of employment.".
30 Application of Public Administration Act 2004
(1) In section 106(1)(h) of the Public
Administration Act 2004 omit "or Associate
15 Crown Prosecutor".
(2) After section 106(2) of the Public
Administration Act 2004 insert--
"(3) This Act applies to the Director of Public
Prosecutions in relation to his or her
20 functions in relation to the employment of
the Solicitor for Public Prosecutions and
Associate Crown Prosecutors.".
31 New clause 15 inserted in Schedule 2
In Schedule 2 to the Public Administration Act
25 2004, after clause 14 insert--
"15 Public Prosecutions Amendment Act 2011
Despite the amendments made to this Act by
section 30 of the Public Prosecutions
Amendment Act 2011, this Act continues to
30 apply to a person who was an Associate
Crown Prosecution immediately before the
commencement of that section as if the
amendments had not been made for the
571177B.I-26/10/2011 28 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 3--Amendment of Public Administration Act 2004
s. 31
remainder of the term of appointment of that
person.".
__________________
571177B.I-26/10/2011 29 BILL LA INTRODUCTION 26/10/2011
Public Prosecutions Amendment Bill 2011
Part 4--Repeal of Amending Act
s. 32
PART 4--REPEAL OF AMENDING ACT
32 Repeal of amending Act
This Act is repealed on 1 July 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Public Prosecutions Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571177B.I-26/10/2011 31 BILL LA INTRODUCTION 26/10/2011
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