Public Prosecutions Amendment Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Public Prosecutions Amendment Act 2012 No. 3 of 2012 TABLE OF PROVISIONS Section 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 -- 1 of 34 -- Section Page ii Authorised by the Chief Parliamentary Counsel 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 (2012 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 2012 28 -- 2 of 34 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 30 32 Repeal of amending Act 30 ═══════════════ ENDNOTES 31 -- 3 of 34 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Public Prosecutions Amendment Act 2012 † No. 3 of 2012 [Assented to 14 February 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Public Prosecutions Act 1994— (i) to confer new functions on the Director of Public Prosecutions as the head of the public prosecutions service; and Victoria -- 4 of 34 -- Part 1—Preliminary Public Prosecutions Amendment Act 2012 No. 3 of 2012 2 Authorised by the Chief Parliamentary Counsel (ii) to improve the organisational structure of the public prosecutions service; and (iii) to provide for the Director of Public Prosecutions to appoint the Solicitor for Public Prosecutions and Associate Crown Prosecutors; and (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 (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 (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 (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. 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 operation on that day. s. 2 -- 5 of 34 -- Part 1—Preliminary Public Prosecutions Amendment Act 2012 No. 3 of 2012 3 Authorised by the Chief Parliamentary Counsel 3 Principal Act In this Act, the Public Prosecutions Act 1994 is called the Principal Act. __________________ s. 3 See: Act No. 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 -- 6 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 4 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF PUBLIC PROSECUTIONS ACT 1994 4 Purposes (1) Section 1(c) of the Principal Act is repealed. (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 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 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)" substitute "the Director's Committee under section 45A(1)(b)"; (b) for paragraph (g) substitute— "(g) to establish guidelines under section 26(1); or". (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 (b) the Chief Crown Prosecutor; and (c) Crown Prosecutors; and (d) Associate Crown Prosecutors; and s. 4 -- 7 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 5 Authorised by the Chief Parliamentary Counsel (e) the Solicitor for Public Prosecutions; and (f) the Office of Public Prosecutions;". 6 Note for Part 2 inserted 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.". 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 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)". (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)". 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". s. 6 -- 8 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 6 Authorised by the Chief Parliamentary Counsel 10 New section 19B inserted After section 19A of the Principal Act insert— "19B Chief Crown Prosecutor may act as Director (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, 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. (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 (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)". (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". s. 10 -- 9 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 7 Authorised by the Chief Parliamentary Counsel 12 Functions of Director (1) After section 22(1)(cc) of the Principal Act insert— "(cd) the functions in relation to the public 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 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— (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; (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; (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 Public Prosecutions in accordance with Part 7; s. 12 -- 10 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 8 Authorised by the Chief Parliamentary Counsel (f) to give directions to the following persons in accordance with this Act— (i) the Chief Crown Prosecutor; (ii) Crown Prosecutors; (iii) Associate Crown Prosecutors; (iv) the Solicitor for Public Prosecutions.". 14 New section 25A inserted After section 25 of the Principal Act insert— "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 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 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) apply.". 15 Guidelines (1) Insert the following heading to section 26 of the Principal Act— "Guidelines—prosecutions of offences". (2) In section 26(1) of the Principal Act— (a) for "issue" substitute "establish"; (b) for "offences to" substitute "offences for". s. 14 -- 11 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 9 Authorised by the Chief Parliamentary Counsel (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". 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)". 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 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". 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— "(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.". s. 16 -- 12 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 10 Authorised by the Chief Parliamentary Counsel 19 Removal from office For section 34(e) of the Principal Act substitute— "(e) the Director, after consulting with the 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 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 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 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". s. 19 -- 13 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 11 Authorised by the Chief Parliamentary Counsel 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— "PART 6—ASSOCIATE CROWN PROSECUTORS 37 Appointment (1) The Director, after consulting with the Director's Committee, may, on behalf of the 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 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 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. 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 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. s. 21 -- 14 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 12 Authorised by the Chief Parliamentary Counsel 38 Functions of Associate Crown Prosecutors (1) The functions of an Associate Crown Prosecutor are— (a) to conduct, and appear in, proceedings 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. (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 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 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 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 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 Associate Crown Prosecutor has as a s. 21 -- 15 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 13 Authorised by the Chief Parliamentary Counsel member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8. __________________ 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. (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 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 Public Administration Act 2004. 41 Functions of Office (1) The functions of the Office of Public Prosecutions are— (a) to prepare and conduct effectively, 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 which the Director is involved; s. 21 -- 16 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 14 Authorised by the Chief Parliamentary Counsel (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 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 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 (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 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 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 year under Part 7 of the Financial Management Act 1994. s. 21 -- 17 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 15 Authorised by the Chief Parliamentary Counsel 43 Functions of Solicitor for Public Prosecutions (1) The functions of the Solicitor for Public Prosecutions are— (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 proceedings on behalf of the Director or, subject to section 25A, legal practitioners other than Crown Prosecutors or Associate Crown Prosecutors; and (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 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). (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 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 functions; and s. 21 -- 18 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 16 Authorised by the Chief Parliamentary Counsel (b) responsible to the Director for the due performance of the Solicitor's functions. (5) Nothing in this section or section 31A of the 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). 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 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 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— (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 Committee may regulate its own meeting procedure. s. 21 -- 19 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 17 Authorised by the Chief Parliamentary Counsel 45A Functions of Director's Committee (1) The Director's Committee has the following functions— (a) to give directions to members of the 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; (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 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 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 a Crown Prosecutor or Associate Crown Prosecutor; (f) to consult with the Director in relation to the removal of a Crown Prosecutor from office; (g) to provide advice to the Director in relation to the public prosecutions service. s. 21 -- 20 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 18 Authorised by the Chief Parliamentary Counsel (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 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 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 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 (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 (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 decision. s. 21 -- 21 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 19 Authorised by the Chief Parliamentary Counsel 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 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. 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— (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) of the definition of that term in section 3— (i) the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned; or (ii) if both a Crown Prosecutor and an Associate Crown Prosecutor are concerned, the Crown Prosecutor concerned; or (iii) if more than one Crown Prosecutor is concerned, the most senior Crown Prosecutor concerned; or s. 21 -- 22 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 20 Authorised by the Chief Parliamentary Counsel (iv) if more than one Australian lawyer (other than a Crown Prosecutor or an Associate Crown Prosecutor) is concerned, the most 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 concerned, the most senior Crown Prosecutor concerned; or (vi) if the Crown Prosecutor, Associate Crown Prosecutor or other Australian lawyer concerned is not available, the most senior Crown Prosecutor available; and (d) in any other case, the most senior Crown Prosecutor available. Note 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 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 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 on the special decision; and s. 21 -- 23 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 21 Authorised by the Chief Parliamentary Counsel (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 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 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 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 (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 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 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 Legislative Council and the Legislative Assembly within 7 sitting days of the s. 21 -- 24 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 22 Authorised by the Chief Parliamentary Counsel Legislative Council or the Legislative Assembly, as the case may be— (a) after the receipt by him or her of the statement; or (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 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 until all proceedings referred to in that subsection had been determined or discontinued. 45H Delegation of functions in relation to special decisions (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 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 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 of the Director's Committee for a particular period not exceeding 2 weeks, he or she s. 21 -- 25 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 23 Authorised by the Chief Parliamentary Counsel 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 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. (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, 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 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 decision, the delegate must complete those functions in all respects as if the delegation had not expired. __________________". 22 Immunity (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 Prosecutions Amendment Act 2012;". s. 22 -- 26 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 24 Authorised by the Chief Parliamentary Counsel (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 the commencement of section 21 of the Public Prosecutions Amendment Act 2012;". (3) In section 46(1)(g) of the Principal Act, after "section 42(2)(d)" insert "as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012". 23 Judicial notice For section 48(a) of the Principal Act substitute— "(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 (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 2012— 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 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". s. 23 -- 27 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 25 Authorised by the Chief Parliamentary Counsel 25 New section 56 inserted After section 55 of the Principal Act insert— "56 Transitional provisions (2012 amendment) (1) In this section— appointed Associate Crown Prosecutor means a person who, immediately before the commencement day, held office as an Associate Crown Prosecutor; appointed Solicitor for Public Prosecutions means the person who, immediately before the commencement day, held office as the Solicitor for Public Prosecutions; commencement day means the day on which section 21 of the Public Prosecutions Amendment Act 2012 comes into operation; old appearance guidelines means the 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 force immediately before the commencement day; old decision guidelines means the guidelines established under section 43(1)(d) as in force immediately before the commencement day; old direction means a direction given under section 43(1)(c) as in force immediately before the commencement day. s. 25 -- 28 of 34 -- Part 2—Amendment of Public Prosecutions Act 1994 Public Prosecutions Amendment Act 2012 No. 3 of 2012 26 Authorised by the Chief Parliamentary Counsel (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 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 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 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 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. (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 direction is taken to be a direction given by the Director's Committee under section 45A(1)(a).". __________________ s. 25 -- 29 of 34 -- Part 3—Amendment of Public Administration Act 2004 Public Prosecutions Amendment Act 2012 No. 3 of 2012 27 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF PUBLIC ADMINISTRATION ACT 2004 26 Definition of exempt body In section 4(1) of Public Administration Act 2004, for paragraph (d) of the definition of exempt body substitute— "(d) the Office of Public Prosecutions or the Director's Committee within the meaning of the Public Prosecutions Act 1994;". 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 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? 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;". s. 26 See: Act No. 108/2004. Reprint No. 2 as at 20 August 2009 and amending Act Nos 77/2008, 69/2009, 16/2010, 34/2011 and 47/2011. LawToday: www. legislation. vic.gov.au -- 30 of 34 -- Part 3—Amendment of Public Administration Act 2004 Public Prosecutions Amendment Act 2012 No. 3 of 2012 28 Authorised by the Chief Parliamentary Counsel 29 Termination of employment (executives) (1) In section 34(1) of the Public Administration Act 2004, for "The" substitute "Subject to subsection (1A), the". (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 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 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 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 2004, after clause 14 insert— "15 Public Prosecutions Amendment Act 2012 Despite the amendments made to this Act by section 30 of the Public Prosecutions Amendment Act 2012, this Act continues to apply to a person who was an Associate Crown Prosecutor immediately before the commencement of that section as if the amendments had not been made for the s. 29 -- 31 of 34 -- Part 3—Amendment of Public Administration Act 2004 Public Prosecutions Amendment Act 2012 No. 3 of 2012 29 Authorised by the Chief Parliamentary Counsel remainder of the term of appointment of that person.". __________________ s. 31 -- 32 of 34 -- Part 4—Repeal of Amending Act Public Prosecutions Amendment Act 2012 No. 3 of 2012 30 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 32 Repeal of amending Act This Act is repealed on 1 July 2013. Note 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). ═══════════════ s. 32 -- 33 of 34 -- Public Prosecutions Amendment Act 2012 No. 3 of 2012 31 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 27 October 2011 Legislative Council: 8 December 2011 The long title for the Bill for this Act was "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." Endnotes -- 34 of 34 --