AGY-617 | Office of the Director of Public Prosecutions

Full description

The Office of Director of Public Prosecutions (ODPP) was established by the Director of Public Prosecutions Act 1986 (Act No.207, 1986). The purpose of the Office was to institute and conduct Crown proceedings. Under this Act the Director could appoint Deputy Directors of Public Prosecutions and a Solicitor for Public Prosecutions. The Office of Director of Public Prosecutions commenced operations on 13 July 1987. (1)

The position of Director of Public Prosecutions (DPP) had complete independence in decision making. This was enhanced by the permanent appointment of the Director and the administrative independence granted to the Office in 1988. Previously the staff supporting the Director were from the Attorney General's Department. (2)

Section 7 of the Director of Public Prosecutions Act 1986 defined the principal functions and responsibilities of the Director as:
a) to institute the conduct, on behalf of the Crown, prosecutions (whether on indictment or summarily) for indictable offences in the Supreme Court and District Court;
b) to institute and conduct, on behalf of the Crown, appeals in any court in respect of any such prosecutions; and
c) to conduct, on behalf of the Crown as respondent, any appeal in any court in any respect of any such prosecution.

The Office of Crown Prosecutor was created in 1986 by the Crown Prosecutions Act 1986 (Act No.208, 1986) and the appointment of Crown Prosecutors was authorised to conduct, and appear as counsel in, proceedings on behalf of the Director of Public Prosecutions. The Crown Prosecutors find bills of indictment for indictable offences and advise the Attorney General or Director of Public Prosecutions on matters referred to them. (4)

The Office of the Solicitor for Public Prosecutions and the Clerk of the Peace were abolished by the Criminal Procedure Act, 1986 (Act No. 209 1986) and in their place the District and Supreme Court Criminal Registries, and the Criminal Listings Directorate were established. The Criminal Listing Director was responsible for making arrangements for the listing of matters for mention following committal for trial, actual court cases, the terminations of trials; and liaison with Judges and Officers of the Courts, prosecuting authorities, accused persons and their lawyers, and other persons involved in criminal proceedings. (5)

The Criminal Appeal Act 1912 (Act No.16, 1912) was amended by the Criminal Appeal (Amendment) Act, 1986 (Act No. 211, 1986) (6) to provide for Crown appeals by the Director against the staying of proceedings, points of law raised by a judge, or length of sentence given. Further acts were amended as a consequence and in connection with the enactment of the Director of Public Prosecutions Act 1986. (7)

The Witness Assistance Service (WAS) was an integral part of the Office. The WAS worked in close partnership with solicitors and Crown Prosecutors aiding victims and witnesses and assisting the Office meet its obligations under the Charter of Victims Rights (Victims Rights Act 1996). (8)

The Office established an Executive Board which included two independent members. The board was not involved directly in the prosecution function but provided valuable assistance to the Office on matters of management and administration. The inaugural meeting of the newly constituted Board was held on 24 June 2002. (9)

From 1 July 2009 the group of staff principally involved in the Office of the Director of Public Prosecutions were removed from the Attorney General and transferred to the Department of Justice and Attorney General. (10)

On 23 April 2014 the name of the Department of Attorney General and Justice was changed to the Department of Police and Justice. (11) On 1 July 2014 the name of the Department of Police and Justice was changed to the Department of Justice. (12)

The Department of Justice was abolished on 1 July 2019, and the Office was transferred into the Department of Communities and Justice. (13)

By 2022, The Office of Director of Public Prosecutions had three western Sydney offices – in Parramatta, Penrith and Campbelltown – and six offices in regional NSW – in Lismore, Newcastle, Gosford, Wagga Wagga, Dubbo and Wollongong. Solicitors and Crown Prosecutors in the regional offices conducted prosecutions in circuit courts within their region. (14)

Endnotes
1. Annual Report of the Office of the Director of Public Prosecutions for the year ended 30 June 1996, inside cover.
2. Proclaimed 8 June 1988, New South Wales Government Gazette, Vol. 2, 10 June 1988, p.3083.
3. Assented to 23 December 1986, New South Wales Government Gazette No.20, 30 January 1987, p.483.
4. Ibid., p.483.
5. Ibid., p.483.
6. Ibid., p.483.
7. Ibid., p.483, including Miscellaneous Acts (Public Prosecutions) Amendment Act 1986 (Act No.212, 1986).
8. Office of Director of Public Prosecutions, Annual Report 1999-2000, p.21.
9. Office of Director of Public Prosecutions, Annual Report 2001-2002, p.12.
10. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cl.21; NSW Legislation Website, 27 July 2009.
11. Administrative Arrangements (Administrative Changes - Ministers and Public Service Agencies) Order 2014 (2014 No 233); NSW Legislation Website, 23 April 2014.
12. Administrative Arrangements (Administrative Changes - Miscellaneous Agencies) Order 2014 (2014 No 413); NSW Legislation Website, 30 June 2014.
13. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019 No 159) cl. 10 (2); NSW Legislation Website, 2 April 2019.
14. Office of the Director of Public Prosecutions website, Our Organisation, https://www.odpp.nsw.gov.au/about-us/our-organisation (accessed 13 December 2022).