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Department of Justice

The Government is currently seeking feedback on the Law Officers (Miscellaneous Amendments) Bill 2015.

Proposed amendments 

  • The Law Officers (Miscellaneous Amendments) Bill 2015 (the Bill) makes a number of amendments to the Director of Public Prosecutions Act 1973 and the Solicitor-General Act 1983.
  • Specifically, the Bill -
    • establishes a fixed term 10 year non-renewable, tenure for both officers
    • changes the suspension from, and vacation of, office provisions to provide Parliamentary oversight of any suspension and removal from office.  Specifically, it provides that only the Tasmania Parliament can remove a Director of Public Prosecutions or Solicitor-General from office
    • introduces new grounds for removal from office due to misconduct or misbehaviour that brings the office into disrepute and
    • provides that if either statutory officer is suspended from duty, this may be on full, part or no pay.
  • In addition, the Bill will also provide for a position of Deputy Director of Public Prosecutions to ensure that the non-delegable statutory duties of a DPP can be carried out whilst the incumbent is temporarily absent.
  • The Bill will also update the list of functions of the DPP to include the issuance of prosecutorial guidelines and the granting of an indemnity from prosecution.
  • The amendments to the will not apply to the current Solicitor-General.
  • Both Acts have not been reviewed since they commenced more than 30 years ago. Given most other jurisdictions have introduced fixed term tenure, the Government has decided to reform and modernise the provisions relating to these officers.

Download the Law Officers (Miscellaneous Amendments) Bill 2015 ((pdf, 202.4 KB))

Comment period 

Comments on the Bill should be provided to the Department of Justice by Friday 12 June 2015.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart   TAS   7001