Director of Public Prosecutions Regulation 2010

1 Name of Regulation

This Regulation is the Director of Public Prosecutions Regulation 2010.

2 Commencement

This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Director of Public Prosecutions Regulation 2005 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation:

consent includes authorisation, sanction and any similar authority.

the Act means the Director of Public Prosecutions Act 1986.

(2)  Notes included in this Regulation do not form part of this Regulation.

4 Prescribed summary offences

(1)  For the purposes of the definition of prescribed summary offence in section 3 (1) of the Act, all summary offences are prescribed, other than those that may not be prosecuted except with the consent of a Minister or a person authorised by a Minister to grant consent on behalf of the Minister.

(2)  A summary offence that would not otherwise be a prescribed summary offence (because of the fact that it may not be prosecuted except with the consent of a Minister or a person authorised by a Minister to grant consent on behalf of that Minister) is a prescribed summary offence for the purposes of the Act:

(a)  if the Minister concerned makes an order under section 11 (2) of the Act in relation to offences of that kind, or

(b)  in relation to proceedings for a particular offence, if the Minister concerned refers the offence to the Director for prosecution.

5 Prescribed form for law enforcement officer disclosure

For the purposes of section 15A of the Act, disclosures by a law enforcement officer to the Director must:

(a)  be in the form set out in Schedule 1, and

(b)  be completed, signed and dated by the law enforcement officer, and

(c)  be signed and dated by the relevant superior officer, being:

(i)  in the case of a disclosure by a police officer—the police officer who holds the position of Brief Manager in the NSW Police Force, or

(ii)  in the case of a disclosure by an officer of the New South Wales Crime Commission—the Commissioner or an Assistant Commissioner of the Commission, or

(iii)  in the case of a disclosure by an officer of the Police Integrity Commission—the Commissioner or an Assistant Commissioner of the Commission, or

(iv)  in the case of a disclosure by an officer of the Independent Commission Against Corruption—the Commissioner or an Assistant Commissioner of the Commission.

cl 5: Subst 2012 No 80, Sch 2 [1].

6 Savings

Any act, matter or thing that, immediately before the repeal of the Director of Public Prosecutions Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Disclosure certificate (for prosecutions and advisings)

(Clause 5)

(Director of Public Prosecutions Act 1986, section 15A)

Matter of:

Charge No(s) [if applicable]:

For indictable offence(s) of:

Acknowledgement

I am aware that as a law enforcement officer investigating an alleged indictable offence I have a duty, under section 15A of the Director of Public Prosecutions Act 1986, to disclose to the Director of Public Prosecutions (the DPP) all relevant material.

I understand relevant material to be all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.

I am aware that my duty to disclose continues until the DPP decides that the accused person will not be prosecuted for the alleged offence(s), the accused person is found guilty or acquitted, or the prosecution is terminated.

I am aware that my duty to disclose as outlined above is subject to claims of privilege, public interest immunity or statutory immunity. I am aware that such claims are to be directed as follows:

(a)  for police officers—through my Commander to the Manager, Information Access and Subpoena Unit of the NSW Police Force,

(b)  for other law enforcement officers—through my manager to the Commissioner or an Assistant Commissioner of the agency of which I am an officer.

I am aware that the duty to disclose is also subject to any statutory publication restriction. A statutory publication restriction is a prohibition or restriction on publication imposed by or under section 52 or 53 of the Police Integrity Commission Act 1996, section 45 of the Crime Commission Act 2012 or section 112 of the Independent Commission Against Corruption Act 1988.

Certification

I certify that the information I have given in Schedules 1, 2 and 3 is true, to the best of my knowledge and belief.

Schedule 1 relates to relevant material, not contained in the brief of evidence, that is the subject of a claim of privilege, public interest immunity or statutory immunity. I am aware that I am required to disclose to the DPP the existence and nature of all such material. I am aware that I must retain the material for as long as my duty to disclose exists and provide the material to the DPP on request.

Schedule 2 relates to relevant material, not contained in the brief of evidence, that is the subject of a statutory publication restriction. I am aware that I am required to disclose to the DPP the existence of any such material, and the nature of the material, but only to the extent not prohibited by the statutory publication restriction. I am aware that I must retain the material for as long as my duty to disclose exists.

Schedule 3 relates to relevant material, not contained in the brief of evidence, that is not the subject of a privilege or an immunity claim or a statutory publication restriction. Unless impracticable to do so, I have attached a copy of all such material to this certificate. If a copy of any such material has not been provided, I am aware that I must retain the material for as long as my duty to disclose exists and facilitate access to the material by the DPP.

Undertaking

I undertake to advise the DPP in writing, as soon as practicable, if I become aware of any additional information, documents or other things that might reasonably be expected to assist the case for the prosecution or the case for the accused person.

Signed [officer responsible for investigation of case]:

Date:

Name:

Rank [if applicable]:

Received and noted by superior officer*

Signed [superior officer]:

Date:

Name:

Rank [if applicable]:

*If the disclosing law enforcement officer is a police officer, this form must be signed by the Brief Manager of the NSW Police Force. If the disclosing law enforcement officer is an officer of the NSW Crime Commission, the Independent Commission Against Corruption or the Police Integrity Commission, this form must be signed by the Commissioner or an Assistant Commissioner of that agency.

Schedule 1: relevant material that may be immune from disclosure

Certification*	Yes	No
There is relevant material, not contained in the brief of evidence, that is the subject of a claim of privilege, public interest immunity or statutory immunity. That material is described in this Schedule below.

Description of item	Privilege/immunity sought**

Schedule 2: relevant material that is the subject of a statutory publication restriction

Certification*	Yes	No
There is relevant material, not contained in the brief of evidence, that is the subject of a statutory publication restriction and the existence of which I can disclose without contravening the statutory publication restriction. That material is described in this Schedule below. [Describe the material only to the extent not prohibited by the statutory publication restriction]

Description of item

Schedule 3: relevant material that is not immune from disclosure or the subject of a statutory publication restriction

Certification*	Yes	No
There is relevant material, not contained in the brief of evidence, that is not the subject of a claim of privilege or immunity or a statutory publication restriction. That material is described in this Schedule below.

Description of item	Copy attached?***
	Yes	No

*Tick either yes or no in relation to the statement

**Describe the nature of the privilege or immunity claim in relation to each item

***Tick either yes or no in relation to each item

sch 1: Subst 2012 No 80, Sch 2 [2]. Am 2012 (634), cl 3.