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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Director of Public Prosecutions
Amendment (Disclosures) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Director of Public Prosecutions Act
1986 No 207 3
Schedule 2 Amendment of Director of Public Prosecutions
Regulation 2010 6
b2012-140-40.d14
New South Wales
Director of Public Prosecutions
Amendment (Disclosures) Bill 2012
No , 2012
A Bill for
An Act to amend the Director of Public Prosecutions Act 1986, and the regulation
under that Act, to make further provision with respect to disclosures to the DPP.
Clause 1 Director of Public Prosecutions Amendment (Disclosures) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Director of Public Prosecutions Amendment 3
(Disclosures) Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Amendment of Director of Public Prosecutions Act 1986 No 207 Schedule 1
Schedule 1 Amendment of Director of Public 1
Prosecutions Act 1986 No 207 2
[1] Section 15A Disclosures by law enforcement officers 3
Omit "Police officers" and "police officers" wherever occurring in 4
section 15A (1), (3), (4) and (5). 5
Insert instead "Law enforcement officers" and "law enforcement officers", 6
respectively. 7
[2] Section 15A (1A) 8
Insert after section 15A (1): 9
(1A) The duty of disclosure arises if the Director exercises any 10
function under this Act with respect to the prosecution of the 11
offence. 12
[3] Section 15A (6)-(9) 13
Omit section 15A (6) and (7). Insert instead: 14
(6) The duty imposed by this section does not require law 15
enforcement officers to provide to the Director any information, 16
documents or other things that are the subject of a claim of 17
privilege, public interest immunity or statutory immunity. The 18
duty of a law enforcement officer in such a case is to inform the 19
Director of: 20
(a) the existence of any information, document or other thing 21
of that kind, and 22
(b) the nature of that information, document or other thing and 23
the claim relating to it. 24
(7) However, a law enforcement officer must provide to the Director 25
any information, document or other thing the subject of a claim 26
of privilege, public interest immunity or statutory immunity, if 27
the Director requests it to be provided. 28
(8) The duty imposed by this section does not require law 29
enforcement officers to provide to the Director any information, 30
document or other thing if to do so would contravene a statutory 31
publication restriction. The duty of a law enforcement officer in 32
such a case is to inform the Director of the following, but only to 33
the extent not prohibited by the statutory publication restriction: 34
(a) the existence of any information, document or other thing 35
of that kind, 36
(b) the nature of that information, document or other thing. 37
Page 3
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Schedule 1 Amendment of Director of Public Prosecutions Act 1986 No 207
(9) In this section: 1
law enforcement officer means a police officer, or an officer of 2
one of the following agencies, who is responsible for an 3
investigation into a matter that involves the suspected 4
commission of an alleged indictable offence: 5
(a) the Police Integrity Commission, 6
(b) the New South Wales Crime Commission, 7
(c) the Independent Commission Against Corruption. 8
statutory publication restriction means a prohibition or 9
restriction on publication that is imposed by or under: 10
(a) section 52 or 53 of the Police Integrity Commission Act 11
1996, or 12
(b) section 45 of the Crime Commission Act 2012, or 13
(c) section 112 of the Independent Commission Against 14
Corruption Act 1988. 15
[4] Section 36 Savings and transitional provisions 16
Insert ", as so inserted," after "of section 15A (6)" in section 36 (11). 17
[5] Section 36, note 18
Insert after section 36 (11): 19
Note. For savings and transitional provisions relating to amendments 20
made to this Act after 2011, see Schedule 2. 21
[6] Section 37 Regulations 22
Insert at the end of section 37 (3): 23
any Act that amends this Act 24
Page 4
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Amendment of Director of Public Prosecutions Act 1986 No 207 Schedule 1
[7] Schedule 2 1
Insert after Schedule 1: 2
Schedule 2 Savings, transitional and other 3
provisions 4
Part 1 Provision consequent on Director of Public 5
Prosecutions Amendment (Disclosures) 6
Act 2012 7
1 Application of amendments 8
An amendment made to section 15A or the Director of Public 9
Prosecutions Regulation 2010 by the Director of Public 10
Prosecutions Amendment (Disclosures) Act 2012 extends to an 11
alleged indictable offence that a law enforcement officer 12
investigated, or started to investigate, before the commencement 13
of the amendment if the Director first exercises a function under 14
this Act, in respect of the prosecution of the offence, after the 15
commencement of the amendment. 16
Page 5
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Schedule 2 Amendment of Director of Public Prosecutions Regulation 2010
Schedule 2 Amendment of Director of Public 1
Prosecutions Regulation 2010 2
[1] Clause 5 3
Omit the clause. Insert instead: 4
5 Prescribed form for law enforcement officer disclosure 5
For the purposes of section 15A of the Act, disclosures by a law 6
enforcement officer to the Director must: 7
(a) be in the form set out in Schedule 1, and 8
(b) be completed, signed and dated by the law enforcement 9
officer, and 10
(c) be signed and dated by the relevant superior officer, being: 11
(i) in the case of a disclosure by a police officer--the 12
police officer who holds the position of Brief 13
Manager in the NSW Police Force, or 14
(ii) in the case of a disclosure by an officer of the New 15
South Wales Crime Commission--the 16
Commissioner or an Assistant Commissioner of the 17
Commission, or 18
(iii) in the case of a disclosure by an officer of the Police 19
Integrity Commission--the Commissioner or an 20
Assistant Commissioner of the Commission, or 21
(iv) in the case of a disclosure by an officer of the 22
Independent Commission Against Corruption--the 23
Commissioner or an Assistant Commissioner of the 24
Commission. 25
[2] Schedule 1 26
Omit the Schedule. Insert instead: 27
Schedule 1 Disclosure certificate (for 28
prosecutions and advisings) 29
(Clause 5) 30
(Director of Public Prosecutions Act 1986, section 15A) 31
Matter of: 32
Charge No(s) [if applicable]: 33
For indictable offence(s) of: 34
Page 6
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Amendment of Director of Public Prosecutions Regulation 2010 Schedule 2
Acknowledgement 1
I am aware that as a law enforcement officer investigating an alleged indictable 2
offence I have a duty, under section 15A of the Director of Public Prosecutions Act 3
1986, to disclose to the Director of Public Prosecutions (the DPP) all relevant 4
material. 5
I understand relevant material to be all relevant information, documents or other 6
things obtained during the investigation that might reasonably be expected to assist the 7
case for the prosecution or the case for the accused person. 8
I am aware that my duty to disclose continues until the DPP decides that the accused 9
person will not be prosecuted for the alleged offence(s), the accused person is found 10
guilty or acquitted, or the prosecution is terminated. 11
I am aware that my duty to disclose as outlined above is subject to claims of privilege, 12
public interest immunity or statutory immunity. I am aware that such claims are to be 13
directed as follows: 14
(a) for police officers--through my Commander to the General Manager, Court 15
and Legal Services of the NSW Police Force, 16
(b) for other law enforcement officers--through my manager to the Commissioner 17
or an Assistant Commissioner of the agency of which I am an officer. 18
I am aware that the duty to disclose is also subject to any statutory publication 19
restriction. A statutory publication restriction is a prohibition or restriction on 20
publication imposed by or under section 52 or 53 of the Police Integrity Commission 21
Act 1996, section 45 of the Crime Commission Act 2012 or section 112 of the 22
Independent Commission Against Corruption Act 1988. 23
Certification 24
I certify that the information I have given in Schedules 1, 2 and 3 is true, to the best of 25
my knowledge and belief. 26
Schedule 1 relates to relevant material, not contained in the brief of evidence, that is 27
the subject of a claim of privilege, public interest immunity or statutory immunity. I 28
am aware that I am required to disclose to the DPP the existence and nature of all such 29
material. I am aware that I must retain the material for as long as my duty to disclose 30
exists and provide the material to the DPP on request. 31
Schedule 2 relates to relevant material, not contained in the brief of evidence, that is 32
the subject of a statutory publication restriction. I am aware that I am required to 33
disclose to the DPP the existence of any such material, and the nature of the material, 34
but only to the extent not prohibited by the statutory publication restriction. I am aware 35
that I must retain the material for as long as my duty to disclose exists. 36
Schedule 3 relates to relevant material, not contained in the brief of evidence, that is 37
not the subject of a privilege or an immunity claim or a statutory publication 38
restriction. Unless impracticable to do so, I have attached a copy of all such material 39
to this certificate. If a copy of any such material has not been provided, I am aware that 40
I must retain the material for as long as my duty to disclose exists and facilitate access 41
to the material by the DPP. 42
Page 7
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Schedule 2 Amendment of Director of Public Prosecutions Regulation 2010
Undertaking 1
I undertake to advise the DPP in writing, as soon as practicable, if I become aware of 2
any additional information, documents or other things that might reasonably be 3
expected to assist the case for the prosecution or the case for the accused person. 4
Signed [officer responsible for investigation of case]: 5
Date: 6
Name: 7
Rank [if applicable]: 8
Received and noted by superior officer* 9
Signed [superior officer]: 10
Date: 11
Name: 12
Rank [if applicable]: 13
*If the disclosing law enforcement officer is a police officer, this form should be signed by the Brief 14
Manager of the NSW Police Force. If the disclosing law enforcement officer is an officer of the 15
NSW Crime Commission, the Independent Commission Against Corruption or the Police Integrity 16
Commission, this form should be signed by the Commissioner or an Assistant Commissioner of 17
that agency. 18
Schedule 1: relevant material that may be immune from disclosure 19
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 20
publication restriction 21
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]
Page 8
Director of Public Prosecutions Amendment (Disclosures) Bill 2012
Amendment of Director of Public Prosecutions Regulation 2010 Schedule 2
Description of item
Schedule 3: relevant material that is not immune from disclosure or the 1
subject of a statutory publication restriction 2
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 3
**Describe the nature of the privilege or immunity claim in relation to each item 4
***Tick either yes or no in relation to each item 5
Page 9
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