The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales.[1] Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.[2]
| Agency overview | |
|---|---|
| Formed | 13 July 1987 (1987-07-13) |
| Type | Department |
| Jurisdiction | New South Wales |
| Headquarters | 175 Liverpool Street, Sydney, Australia |
| Minister responsible | |
| Agency executive |
|
| Parent Agency | New South Wales Department of Attorney General and Justice |
| Key document | |
The current Director of Public Prosecutions is Sally Dowling SC.[3]
The ODPP was established by the Director of Public Prosecutions Act 1986 (NSW) and began its operations on 13 July 1987.[1]
| Ordinal | Officeholder | Term start | Term end | Time in office | Notes |
|---|---|---|---|---|---|
| 1 | Reg Blanch QC | 1987 | 1994 | 6–7 years | [4][5] |
| 2 | Nicholas Cowdery AM, QC | 1994 | 30 June 2011 | 16–17 years | [6] |
| 3 | Lloyd Babb SC | 1 July 2011 | 30 June 2021 | 9 years, 364 days | [7] |
| 4 | Sally Dowling SC | 1 July 2021 | incumbent | 3 years, 22 days | [8] |
| Deputy Directors | Period |
|---|---|
| Michael Alan Viney QC | 1987 – 1990 |
| Unknown | 1990 – 1997 |
| Martin Blackmore SC | 1997 – March 2002 |
| Greg Smith SC | April 2002 – November 2006 |
| David Frearson SC | November 2007 – 2 March 2009 |
| Donna Woodburne SC | 4 June 2009 – January 2011 |
| Christopher Maxwell QC (acting) | January 2011 – February 2012 |
| John Pickering SC | February 2012 – May 2016 |
| Kara Shead SC | May 2016 – date |
| Deputy Director | Period |
| Unknown | 1987 – 1999 |
| Roy Ellis | November 1999 – 11 August 2003 |
| Luigi Lamprati SC | December 2003 – October 2011 |
| David Arnott SC (acting) | October 2011 – November 2011 |
| Keith Alder | November 2011 – date |
In general, it is for the prosecution, not the courts, to decide who is prosecuted and for what offences. It is the prosecution's sole discretion to shape its charges, and as a result, to influence what may follow in the trial.[9] The functions of the Director of Public Prosecutions, per the Director of Public Prosecutions Act 1986 (NSW) (i.e., the DPP Act), include:[10][11]
Furthermore, under the DPP Act, the Director has similar functions with regard to:[10]
Section 21 of the DPP Act provides that the Director may appear in person or may be represented by a counsel or solicitor in any proceedings which are carried on by the Director.[10]
The functions of the Solicitor for Public Prosecutions are prescribed in section 23 of the DPP Act. These are:[10]
The functions of Crown Prosecutors are set out in section 5 of the Crown Prosecutors Act 1986. They include:[10][11]
The ODPP consists of:[1]
The Director, Deputy Directors, the Crown Prosecutors, and the Solicitor for Public Prosecutions are statutorily appointed office holders under the DPP Act.[1]
The relationship between the Director, the Crown Prosecutors, and the Solicitor, is somewhat analogous to that which exists between client, counsel, and solicitor in the private sector. The Corporate Services Division provides financial, personnel, information technology, and property services to the other three groupings in the ODPP.[1]
The ODPP Head Office, where the Director, the two Deputy Directors, and their support staff are based, located at 175 Liverpool Street.[1] In Western Sydney, the ODPP has three offices, located at Parramatta, Penrith, and Campbelltown.[1] In regional New South Wales, the ODPP has six offices, located at Lismore, Newcastle, Gosford, Wagga Wagga, Dubbo and Wollongong.[1]
Each of the ODPP offices is staffed by Crown Prosecutors, solicitors, and administrative officers.[1] Each office conducts prosecutions in the relevant Local, District, and Supreme Courts.[1] Witness Assistance Service officers, who are generally social workers or psychologists, are also located in each Office.[1] The officers of this Service provide assistance, support, referral to support agencies, and information to civilian prosecution witnesses.[1]