 | |
| Agency overview | |
|---|---|
| Formed | 8 March 1984 (1984-03-08) |
| Employees | 517[1] |
| Minister responsible | |
| Agency executive |
|
| Parent department | Attorney General's Department |
| Website | cdpp |
TheOffice of the Commonwealth Director of Public Prosecutions or, informally, theCommonwealth Director of Public Prosecutions (CDPP) is an independentprosecuting service and government agency within the portfolio of theAttorney-General of Australia, as a part of theAttorney-General's Department. It was established by theDirector of Public Prosecutions Act 1983 (Cth) and began its operations in 1984.[2][3]
Founded on 8 March 1984 to prosecute alleged offences againstCommonwealth criminal law, primarily theCrimes Act 1914 (Cth) andCriminal Code Act 1995 (Cth), the CDPP was first headed by DirectorIan Temby, who remained in that post until 1988. The CDPP commenced with a head office in Canberra, and a Melbourne office was opened on 6 June 1984, assuming responsibility for the work of Special Prosecutor Robert Redlich.[4] The CDPP took over the work of the Special Prosecutors to prosecutebottom of the harbour tax cases and parts of the Attorney-General's DepartmentsDeputy Crown Solicitor's Offices.[5]
The CDPP has been noted for its gender-blind hiring and work practices.[5]
The agency has only one outcome; "Contribute to a fair, safe and just society by delivering an effective, independent prosecution service in accordance with the Prosecution Policy of the Commonwealth".[2] It upholds this function by carrying out prosecutions of crimes against the Commonwealth, and by providing advice to referring agencies.
It has no investigative power or function, and the decision to investigate matters and refer matters to the CDPP is at the discretion of referring agency. Furthermore, the CDPP depends on referring agencies to investigate alleged offences and prepare briefs of evidence to support prosecution and assets recovery.[6]
The Commonwealth Director of Public Prosecutions is based in the head office inCanberra and has offices inAdelaide,Brisbane,Cairns,Darwin,Hobart,Melbourne,Perth,Sydney, andTownsville. Most offices include a Fraud and Specialist Agencies branch, a Serious Financial and Corporate Crime branch, a Human Exploitation and Border Protection branch and an Organised Crime and National Security branch.[7]
Although the Commonwealth Director of Public Prosecutions is within the portfolio of the Commonwealth Attorney-General, the Office operates independently of the Attorney-General and of the political process.[5] The Attorney-General, as First Law Officer of Australia, is responsible for the Commonwealth criminal justice system and remains accountable to Parliament for decisions made in the prosecution process, notwithstanding that those decisions are now in fact made by the Director and lawyers of the CDPP.[5] Under section 8 of theDirector of Public Prosecutions Act 1983 (Cth),[8] the Attorney-General has power to issue guidelines and directions to the CDPP; however, that can only be done after there has been consultation between the Attorney-General and the Director. Per the Act, any guidelines or directions must be in writing, published in theGazette, and tabled in Parliament. The CDPP has been directed by the Attorney-General only thrice, none of which were in relation to a specific case.[5]
| Order | Director | Term start | Term end | Time in office | Subsequent role | Notes |
|---|---|---|---|---|---|---|
| 1 | Ian TembyAO,KC | 8 March 1984 (1984-03-08) | 1988 (1988) | 3–4 years | Inaugural Commissioner of theNew South Wales Independent Commission Against Corruption | [9] |
| 2 | Mark WeinbergKC | 1988 (1988) | December 1991 (1991-12) | 2–3 years | Judge of theFederal Court of Australia, later Judge of theSupreme Court of Victoria | |
| 3 | Michael RozenesKC | 1 February 1992 (1992-02-01) | 1997 (1997) | 4–5 years | Private practice; later Chief Judge of theCounty Court of Victoria | |
| 4 | Brian Ross MartinKC | 1997 (1997) | February 1999 (1999-02) | 1–2 years | Judge of theSupreme Court of South Australia, later Chief Justice of theSupreme Court of the Northern Territory | |
| 5 | Damian BuggAM,KC | 2 August 1999 (1999-08-02) | 12 October 2007 (2007-10-12) | 8 years, 71 days | Chancellor of theUniversity of Tasmania | |
| 6 | Christopher CraigieSC | 13 October 2007 (2007-10-13) | 14 October 2012 (2012-10-14) | 5 years, 1 day | Judge of theDistrict Court of New South Wales | |
| 7 | Robert BromwichSC | 17 December 2012 (2012-12-17) | 28 February 2016 (2016-02-28) | 3 years, 73 days | Judge of theFederal Court of Australia | |
| 8 | Sarah McNaughtonSC | 16 May 2016 (2016-05-16) | 2 September 2022 (2022-09-02) | 6 years, 109 days | Appointed Judge of theSupreme Court of New South Wales (effective October 2022) | [10] |
| 9 | Raelene Sharp KC | 4 December 2023 (2023-12-04) |
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