Director of Public Prosecutions Act 1973

Director of Public Prosecutions Act 1973

An Act to make provision with respect to the appointment, remuneration, conditions of service, and functions of a Director of Public Prosecutions

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title and commencement

(1)  [Section 1 Subsection (1) amended by No. 42 of 1986, s. 5 ]This Act may be cited as the Director of Public Prosecutions Act 1973 .

(2)  This Act shall commence on a day to be fixed by proclamation.

2.   Interpretation

[Section 2 Substituted by No. 42 of 1986, s. 6 ][Section 2 Amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 2 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] [Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]

[Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017] accumulation scheme means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 , in relation to which the Director is a relevant employee within the meaning of section 21 of that Act;

[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] [Section 2 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000]

[Section 2 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]

[Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017] contributory scheme has the same meaning as in the Public Sector Superannuation Reform Act 2016 ;

Director means the person for the time being holding, or acting in, the office of Director of Public Prosecutions established by section 3 (1) ;

[Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999]

[Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999] [Section 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] practitioner means an Australian legal practitioner;

[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] [Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017]

[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] Secretary means the Secretary of the Department;

[Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;

[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] [Section 2 Amended by No. 54 of 2016, s. 16, Applied:31 Mar 2017] [Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999] [Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999] [Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]

3.   Office of Director of Public Prosecutions

(1)  [Section 3 Subsection (1) amended by No. 42 of 1986, s. 7 ]There shall be a Director of Public Prosecutions in and for the State.

(2)  [Section 3 Subsection (2) amended by No. 42 of 1986, s. 7 ]The Director is a Crown Law Officer for the purposes of the Criminal Code .

4.   Appointment of Director

(1)  [Section 4 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Governor may appoint a person as Director.

(2)  [Section 4 Subsection (2) amended by No. 39 of 2015, s. 4, Applied:13 Oct 2015] [Section 4 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 4 Subsection (2) substituted by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A person is not eligible for appointment as Director unless he or she is an Australian lawyer of not less than 7 years' standing as a practitioner and either –

(a) [Section 4 Subsection (2) amended by No. 39 of 2015, s. 4, Applied:13 Oct 2015] he or she has not previously been appointed under subsection (1) as Director; or

(b) [Section 4 Subsection (2) amended by No. 39 of 2015, s. 4, Applied:13 Oct 2015] he or she has previously been appointed under subsection (1) as Director and section 5(2) applies in relation to his or her appointment.

(3)  [Section 4 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]The State Service Act 2000 does not apply to the office of Director of Public Prosecutions or to a person holding that office.

5.   Tenure of office and terms and conditions of appointment of Director

[Section 5 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 5 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] [Section 5 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 5 Substituted by No. 39 of 2015, s. 5, Applied:13 Oct 2015]

(1)  Subject to this Act, a person appointed as Director holds office for a period of 10 years.

(2)  Despite subsection (1) , a person who has previously been appointed as Director may be appointed as Director for a further period, of not more than 10 years, that is specified in the instrument of appointment and is to begin immediately after the term of his or her previous appointment ends.

(3)  A person appointed as Director holds office on the terms and conditions, not inconsistent with this Act, that the Governor from time to time determines.

5A.   Salary of Director

[Section 5A Inserted by No. 45 of 1996, s. 4 ]

(1)  For the period 26 June 1995 to 30 September 1996, both days inclusive, the Director is to be paid a salary at the rate of 90% of the salary payable to a puisne judge of the Supreme Court of Tasmania for the same period.

(2)  After 30 September 1996, the Director is to be paid a salary equivalent to the salary payable to a puisne judge of the Supreme Court of Tasmania.

(2A)  [Section 5A Subsection (2A) inserted by No. 91 of 1999, s. 6, Applied:15 Dec 1999] [Section 5A Subsection (2A) substituted by No. 52 of 2002, s. 20, Applied:27 Nov 2002] Notwithstanding subsection (2) , the Director may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with subsection (2) may be provided –

(a) in part by the payment of salary to the Director; and

(b) [Section 5A Subsection (2A) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.

(2B)  [Section 5A Subsection (2B) inserted by No. 91 of 1999, s. 6, Applied:15 Dec 1999] If the Director elects to sacrifice some or all of his or her salary under subsection (2A)  –

(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and

(b) the Director is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (2) , notwithstanding the salary sacrifice.

(3)  [Section 5A Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Director is entitled to be paid out of the Public Account.

(4)  [Section 5A Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Public Account is appropriated to the extent necessary for the purposes of subsection (3) .

6.   Remuneration of Director

(1)  [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 6 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 6 Subsection (1) amended by No. 45 of 1996, s. 4 ]In addition to the salary prescribed in this Act, the Director is entitled to be paid such travelling allowances and other allowances as the Governor determines, and, until the Governor makes a determination under this subsection, is entitled to be paid the same travelling allowances and other allowances as are applicable to the Head of a State Service Agency.

(2)  [Section 6 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 6 Subsection (2) amended by No. 42 of 1986, s. 10 ]An allowance that is payable to the Director by virtue of subsection (1) is payable out of the Public Account (which, to the necessary extent, is appropriated accordingly).

(3)  [Section 6 Subsection (3) amended by No. 28 of 2011, s. 14, Applied:31 Oct 2011] [Section 6 Subsection (3) inserted by No. 45 of 1996, s. 4 ]The Director is a worker for the purposes of the Workers Rehabilitation and Compensation Act 1988 and the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 .

7.   Leave of absence

(1)  [Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 7 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 7 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Director is entitled to the same leave of absence for recreation or on account of sickness as if he were a State Service officer or State Service employee.

(2)  [Section 7 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 7 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The Director is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .

8.   Pension rights for former Director, &c.

(1)  [Section 8 Subsection (1) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (1) substituted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] This section applies only to the person who was the Director on 1 July 1999.

(1A)  [Section 8 Subsection (1A) inserted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] Subject to this section, the Judges' Contributory Pensions Act 1968 applies to the Director and, if he predeceases his spouse, his widow as if he were, or had been, a judge to whom that Act applies and as if his service as Director were service as such a judge.

(2)  [Section 8 Subsection (2) amended by No. 91 of 1999, s. 7, Applied:15 Dec 1999] [Section 8 Subsection (2) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 8 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (2) amended by No. 35 of 1989, s. 4 ]In its application to the Director and to his widow–

(a) .  .  .  .  .  .  .  .  

(b) [Section 8 Subsection (2) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] subsection (2) of section 5 of the Judges' Contributory Pensions Act 1968 has effect as if the reference therein to the appropriate judicial salary were a reference to the salary payable to the Director at the time of his or her retirement or death; and

(c) section 7 of that Act has effect as if subsection (3) were omitted and the following subsection were substituted:

(3)  In this section, a reference to the appropriate judicial salary, in relation to a pension payable in respect of contributions paid by a person who, immediately before that person became entitled to a pension under this Act or at that person's death, was the Director of Public Prosecutions, is a reference to the salary for the time being required by law to be paid to the Director of Public Prosecutions.

(3)  [Section 8 Subsection (3) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 8 Subsection (3) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (3) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (3) substituted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] The application of sections 10A, 10B, 10C and 10D of the Judges' Contributory Pensions Act 1968 extends to the commutation of a pension payable under this Act by the Director or, if he predeceases his spouse, his widow, as if references in those sections to a person to whom that Act applies were read as references to the Director.

(4)  [Section 8 Subsection (4) amended by No. 29 of 1984, Sched. 1 ][Section 8 Subsection (4) substituted by No. 46 of 1991, s. 4 and Sched. 3 ][Section 8 Subsection (4) omitted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] .  .  .  .  .  .  .  .  

8A.   Superannuation

[Section 8A Inserted by No. 91 of 1999, s. 8, Applied:15 Dec 1999] [Section 8A Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (2) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] [Section 8A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (3) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] [Section 8A Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (4A) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 8A Subsection (4A) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (6) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] [Section 8A Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Substituted by No. 54 of 2016, s. 17, Applied:31 Mar 2017] A person appointed as Director after 1 July 1999 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .

8B.   

8C.   

9.   Vacation of office of Director

[Section 9 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 9 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] [Section 9 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 9 Substituted by No. 39 of 2015, s. 6, Applied:13 Oct 2015]

(1)  A person holding the office of Director vacates the office –

(a) at the end of the term of his or her appointment; or

(b) on his or her resignation from that office under subsection (2) ; or

(c) on the revocation of his or her appointment to the office under section 9F(2)(b) .

(2)  A person holding the office of Director may at any time resign his or her office by notice in writing delivered to the Governor.

9A.   Suspension from office of Director

[Section 9A Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015]

(1)  The Governor may suspend from office a person holding the office of Director if the Governor is satisfied the person –

(a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of that office; or

(b) has become bankrupt, applied to take or has taken advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or

(c) has been convicted in Tasmania of –

(i) a crime; or

(ii) an offence that is punishable by imprisonment for a term of 12 months or more –

or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.

(2)  The Governor may suspend from office a person holding the office of Director if the Governor is satisfied the person has been charged with –

(a) a crime; or

(b) an offence that is punishable by imprisonment for a term of 12 months or more; or

(c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.

(3)  The Governor may suspend from office a person holding the office of Director if the Governor is satisfied the person has engaged in –

(a) misconduct in office, including by virtue of contravening section 11 ; or

(b) misbehaviour that brings the office into disrepute.

9B.   Minister to lay before each House of Parliament statement in relation to suspension

[Section 9B Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015] If a person has been suspended from office under section 9A , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid.

9C.   House of Parliament may confirm or revoke suspension for misconduct or misbehaviour

[Section 9C Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015]

(1)  If a person has been suspended from office under section 9A(3) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under section 9B or a longer period allowed by resolution of the House of Parliament, may pass a resolution –

(a) confirming the suspension; or

(b) revoking the suspension.

(2)  If both Houses of Parliament pass a resolution under subsection (1)(b) revoking the suspension of a person from the office of Director, the suspension of the person from the office of Director is revoked on and from the day on which the resolution is passed by both the Houses.

9D.   Governor may revoke or vary suspension of person from office of Director

[Section 9D Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015]

(1)  The Governor may revoke or vary a suspension imposed under section 9A .

(2)  If the Governor has, under subsection (1) , revoked or varied a suspension, the Minister must cause a statement setting out the grounds for the revocation or variation to be laid before each House of Parliament during the first 7 sitting-days of that House following the revocation or variation or a longer period allowed by resolution of the House of Parliament before which it is laid.

(3)  If a suspension has been revoked or varied under subsection (1) , a House of Parliament, within 30 sitting-days after the day on which a statement has been laid before the House under subsection (2) or a longer period allowed by resolution of the House of Parliament, may pass a resolution –

(a) confirming the revocation or variation of the suspension; or

(b) revoking the revocation or variation of the suspension.

(4)  If both Houses of Parliament pass a resolution under subsection (3) confirming the revocation or variation of a suspension, the suspension is revoked or varied, respectively, on and from the day on which the resolution is passed by both the Houses.

9E.   Request for revocation of appointment

[Section 9E Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015] The Governor may cause to be laid before both Houses of Parliament a statement requesting the Houses of Parliament to revoke the appointment of a person as Director on the grounds for suspension, referred to in section 9A(1) or (3) , that are specified in the statement, if –

(a) the Governor is satisfied the person may be suspended from the office of Director on the grounds, referred to in section 9A(1) or (3) , specified in the statement; and

(b) the Governor has suspended the person from office under section 9A on any grounds referred to in that section, whether or not they are the same grounds as the grounds to which the statement relates; and

(c) the statement required by section 9B to be laid before both Houses of Parliament in relation to the suspension of the person from the office of Director has been laid before each House; and

(d) where the person has been suspended from office under section 9A(3)  – the suspension has been confirmed under section 9C(1)(a) .

9F.   House of Parliament may revoke appointment or suspension

[Section 9F Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015]

(1)  A House of Parliament, after 10 sitting-days, or a longer period allowed by resolution of the House, after the day on which a statement in relation to a person has been laid before the House under section 9E , may resolve –

(a) to refuse the request specified in the statement and, if the suspension of the person from office has not been revoked, to revoke the suspension; or

(b) to revoke the appointment of the person as Director.

(2)  If both Houses have resolved –

(a) under subsection (1)(a) to revoke the suspension of a person from the office of Director, the suspension of the person from the office of Director is revoked; or

(b) under subsection (1)(b) to revoke the appointment of a person as Director, the appointment of the person as Director is revoked –

on and from the day on which the resolution is passed by both Houses.

9G.   Payment of person suspended from office

[Section 9G Inserted by No. 39 of 2015, s. 6, Applied:13 Oct 2015]

(1)  If a person is suspended from the office of Director under section 9A , the Governor is to specify in the instrument of suspension the proportion (which may be all, none or part) of the salary of the Director to which the person is to be entitled in respect of the period of suspension.

(2)  If a person is suspended from the office of Director under section 9A , the person is not entitled, in respect of the period of suspension, to any more of the salary of the Director, to which, but for the suspension, or any variation of the suspension, the person would be entitled under this Act, than the proportion of that salary that is specified in the instrument of suspension, as so varied, if at all.

(3)  Despite subsection (2) , if the suspension of a person from the office of Director for a period under section 9A is revoked under section 9C(2) , section 9D(1) or section 9F(2)(a) , the person is entitled to the amount of the salary in respect of the period to which, but for the suspension of the person from the office, the person would be entitled under this Act.

10.   

11.   Director not to engage in private practice, &c.

(1)  [Section 11 Subsection (1) amended by No. 42 of 1986, s. 10 ]Subject to this section, the Director shall not engage in the practice of his profession or in any other employment except in the performance of the functions of his office.

(2)  [Section 11 Subsection (2) amended by No. 42 of 1986, s. 10 ] Subsection (1) does not preclude the Director from –

(a) holding an office that, by or under an enactment, is to be or may be held by the holder of the office of Director; or

(b) holding an office or engaging in employment where he is expressly authorized by the Attorney-General, in writing, to do so.

12.   Functions of Director

(1)  [Section 12 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 12 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. 2 ][Section 12 Subsection (1) amended by No. 42 of 1986, s. 8 and s. 10 ][Section 12 Subsection (1) amended by No. 35 of 1989, s. 5 ]The functions of the Director are –

(a) where he considers it desirable to do so –

(i) to institute and undertake, on behalf of the Crown, criminal proceedings against a person in respect of a crime or an offence alleged to have been committed by that person; and

(ii) subject to subsection (2) , to take over and continue any such proceedings that have been instituted or undertaken by another person; and

(iii) subject to subsection (2) , to discontinue at any stage any such proceedings that have been instituted or undertaken by the Director or by another person; and

(b) to give advice and assistance to –

(i) a prescribed person; or

(ii) a person to whom, in a particular case, the Attorney-General may direct or request the Director to give advice and assistance –

in respect of the conduct of any criminal proceedings in the conduct of which that person is concerned; and

(c) [Section 12 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] on behalf of the Crown or any other person, to have the conduct, as practitioner, of any proceedings (other than proceedings to which paragraph (a) or paragraph (b) of this subsection relates) when so directed or requested by the Attorney-General; and

(d) [Section 12 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] to instruct, and supervise the work of, counsel and State Service officers and State Service employees and other persons whose services are provided or procured for the conduct of any proceedings or otherwise for assisting the Director in the performance of his functions; and

(e) to act as counsel for the Crown in right of the State or for any other person for whom the Attorney-General directs or requests the Director to act; and

(ea) [Section 12 Subsection (1) amended by No. 39 of 2015, s. 7, Applied:13 Oct 2015] to issue to –

(i) prosecutors; and

(ii) persons acting on the Director's behalf; and

(iii) the Commissioner of Police; and

(iv) any persons or Agencies who conduct prosecutions –

guidelines in relation to prosecutions, including in respect of the offences, or classes of offences, that are to be referred to the Director for the institution and conduct of proceedings; and

(eb) [Section 12 Subsection (1) amended by No. 39 of 2015, s. 7, Applied:13 Oct 2015] to grant indemnities from prosecution, whether on indictment or otherwise; and

(ec) [Section 12 Subsection (1) amended by No. 39 of 2015, s. 7, Applied:13 Oct 2015] to give undertakings to persons that answers given, or statements or disclosures made, by those persons will not be used in evidence against those persons; and

(f) to carry out such other functions ordinarily performed by a practitioner as the Attorney-General directs or requests.

(2)  [Section 12 Subsection (2) amended by No. 42 of 1986, s. 10 ]The Director may not take over, continue, or discontinue proceedings that have been instituted or undertaken by the Attorney-General or the Solicitor-General except with the approval of the Attorney-General or of the Solicitor-General, as the case requires.

(3)  [Section 12 Subsection (3) amended by No. 42 of 1986, s. 10 ][Section 12 Subsection (3) omitted by No. 46 of 2013, s. 4, Applied:06 Nov 2013] .  .  .  .  .  .  .  .  

(4)  [Section 12 Subsection (4) amended by No. 42 of 1986, s. 10 ][Section 12 Subsection (4) omitted by No. 46 of 2013, s. 4, Applied:06 Nov 2013] .  .  .  .  .  .  .  .  

(5)  [Section 12 Subsection (5) amended by No. 42 of 1986, s. 10 ][Section 12 Subsection (5) omitted by No. 46 of 2013, s. 4, Applied:06 Nov 2013] .  .  .  .  .  .  .  .  

13.   Rights of State servant appointed as Director

(1)  [Section 13 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 13 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 13 Subsection (1) amended by No. 42 of 1986, s. 10 ]Where a person who is appointed as Director was, immediately before his appointment, a State Service officer or State Service employee–

(a) he retains all his existing and accruing rights; and

(b) [Section 13 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] for the purpose of determining those rights, his service as Director shall be taken into account as if it were service as a State Service officer or State Service employee.

(2)  [Section 13 Subsection (2) amended by No. 54 of 2016, s. 19, Applied:31 Mar 2017] [Section 13 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 13 Subsection (2) amended by No. 10 of 1982, s. 95 and Sched. 8 ][Section 13 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 13 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 13 Subsection (2) substituted by No. 91 of 1999, s. 9, Applied:15 Dec 1999] Where a person to whom this section applies is appointed as Director and was, immediately before his or her appointment, a contributor to the contributory scheme, that person remains a member of that scheme unless he or she elects, in writing to the Secretary, within one month after his or her appointment, to become a member of a complying superannuation scheme.

(3)  [Section 13 Subsection (3) amended by No. 10 of 1982, s. 95 and Sched. 8 ][Section 13 Subsection (3) amended by No. 42 of 1986, s. 10 ][Section 13 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 13 Subsection (3) omitted by No. 91 of 1999, s. 9, Applied:15 Dec 1999] .  .  .  .  .  .  .  .  

13A.   Deputy Director

[Section 13A Inserted by No. 39 of 2015, s. 8, Applied:13 Oct 2015]

(1)  Subject to and in accordance with the State Service Act 2000 , a person who is an Australian lawyer of not less than 7 years' standing as a practitioner is to be appointed or employed as Deputy Director.

(2)  The Deputy Director is to perform the functions that the Director directs the Deputy Director to perform.

(3)  In addition to the functions that the Deputy Director is directed under subsection (2) to perform, the Deputy Director –

(a) is to act as Director during any illness, suspension or absence of the Director and during any vacancy in that office; and

(b) while acting as Director, is to perform the functions and exercise the powers of the Director and receive a salary at the same rate as that payable to the Director.

(4)  Any act or thing done by the Deputy Director, while acting as Director, in the performance of the functions, and the exercise of the powers, of the Director has the same effect as if it were done by the Director.

(5)  Any act or thing that is required under a written law to be done to, by reference to, or in relation to, the Director is taken to be effectually done if, respectively, the act or thing is done to, by reference to, or in relation to, the Deputy Director when the Deputy Director is acting as Director.

(6)  Subsection (5) applies to an act or thing done by the Deputy Director in good faith in the belief that the Director was absent from office on grounds referred to in subsection (3) or that there was a vacancy in the office.

(7)  The Deputy Director, when acting as Director, has the same immunities and independence as the Director.

14.   Employees

[Section 14 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 14 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 14 Subsection (1) amended by No. 42 of 1986, s. 10 ]Subject to and in accordance with the State Service Act 2000 , such persons may be appointed or employed as may be necessary to enable the Director to perform his functions under this Act.

(2)  [Section 14 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 14 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]On being requested by the Director to do so, the Secretary of the Department may –

(a) provide such persons employed in that Department; or

(b) procure the services of such other persons –

as may reasonably be necessary for the purposes of assisting the Director in the performance of his functions.

15.   Annual report

(1)  [Section 15 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Director shall, within 3 months after 30th June in each year, prepare and submit to the Attorney-General a report on the performance by the Director of his functions under this Act during the period of 12 months ended on that day.

(2)  The Attorney-General shall cause a copy of a report under this section to be laid on the table of each House of Parliament within the first 10 sitting days of the House after he receives the report.

16.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  [Section 16 Subsection (2) amended by No. 42 of 1986, s. 10 ]Without prejudice to the generality of subsection (1) , the regulations may make provision for or with respect to –

(a) the manner in which the advice and assistance of the Director may be sought or given;

(b) the circumstances in which any police officer or other prescribed person may be required to –

(i) give to the Director information concerning the commission of a prescribed crime or prescribed offence; and

(ii) report to the Director the fact of a prosecution for a crime or an offence having been withdrawn or not proceeded with within a reasonable time and the circumstances in which it was so withdrawn or not proceeded with; and

(c) the sending by the clerk of a court to the Director of a report with respect to proceedings for a crime or an offence instituted in the court, and the nature of the information or documents to be supplied to the Director in relation to such a report.

17.   Immunity from personal liability

[Section 17 Repealed by No. 42 of 1986, s. 9 ][Section 17 Inserted by No. 23 of 2009, s. 10, Applied:16 Jun 2009]

(1)  No personal liability attaches to the Director or a person assisting the Director under this Act for an act done or omitted to be done in good faith in the performance or exercise, or the purported performance or exercise, of any function, power or duty under this Act.

(2)  A liability that would, but for subsection (1) , lie against the Director or a person assisting the Director, lies instead against the Crown.

18.   References in other Acts to Crown Advocate

[Section 18 Inserted by No. 17 of 1996 ]A reference in an Act or instrument to the Crown Advocate, in relation to any act required or permitted to be done, or any consent, approval, or permission required or permitted to be given, after the commencement of the Crown Advocate Amendment Act 1986 , is to be read as a reference to the Director of Public Prosecutions.

19.   Non-application of amendments to section 8

[Section 19 Inserted by No. 17 of 1996 ]The amendment to section 8 made by section 4(1) of the Director of Public Prosecutions Amendment Act 1989 does not apply to a person appointed to or holding the office of Director of Public Prosecutions before the commencement of that Act and subsection (2) (a) of section 8 as in force immediately before that commencement continues to apply to such a person.

20.   Transitional superannuation provision

[Section 20 Inserted by No. 91 of 1999, s. 10, Applied:15 Dec 1999]

(1)  Where a person was appointed as Director after 1 July 1999 and before the commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 , the amounts specified in subsection (4) are to be transferred to a complying superannuation scheme nominated by the Director, which may include an investment account established by the regulations under the Retirement Benefits Act 1993 .

(2)  The Director may make a nomination under subsection (1) to the Treasurer within one month after the commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 but, if no such nomination is made in that period, the Director is taken to have elected to transfer the amounts specified in subsection (4) to an investment account established by the regulations under the Retirement Benefits Act 1993 .

(3)  The investment account referred to in subsection (2) is to be an account determined by the RBF Board.

(4)  The amounts to be transferred under this section are as follows:

(a) all contributions made by the Director under the Judges' Contributory Pensions Act 1968 , together with interest on those contributions at a rate determined by the Treasurer;

(b) with respect to the period from the commencement of his or her duties until the date on which the amount is transferred in accordance with subsection (2) , an amount equal to 9% of the salary of the Director determined in accordance with section 5A(2) of this Act, together with interest on that amount at a rate determined by the Treasurer.

(5)  The amount specified in subsection (4)(a) is to be transferred from the Judges' Pension Fund established under section 9 of the Judges' Contributory Pensions Act 1968 and the amount specified in subsection (4)(b) is to be transferred from the Consolidated Fund which, to the necessary extent, is appropriated accordingly.

21.   Application of amendments made by Law Officers (Miscellaneous Amendments) Act 2015

[Section 21 Inserted by No. 39 of 2015, s. 9, Applied:13 Oct 2015]

(1)  In this section –

amendment Act means the Law Officers (Miscellaneous Amendments) Act 2015;

amendment day means the day on which the amendment Act commenced.

(2)  Apart from this section, the amendments to this Act made by the amendment Act do not apply in relation to the person who, immediately before the amendment day, held the office of Director.

(3)  Nothing in this Act is to be taken to prevent a person, by reason only that the person –

(a) has held, or holds, the office of Deputy Director; or

(b) has acted, or is acting, as Director –

from holding, or from being appointed to, the office of Director.