The Hodgman Liberal Government has released for public consultation a draft Bill to amend the Director of Public Prosecutions Act 1973.
As previously announced, the draft Bill includes the introduction of a ten year, non-renewable term for the position of DPP. The Act currently provides for a lifetime appointment to the position of DPP, and the provisions for removal from office are limited and restrictive in the view of many stakeholders.
The introduction of a fixed-term appointment is in line with practice in other Australian jurisdictions, including NSW and Victoria. The limitation to a single term ensures there can be no perception of Government influence over a DPP seeking reappointment.
The same term of office will also be introduced to the Solicitor General Act 1983 to provide consistency between the two statutory officers.
In the lead up to the decision to remove the former DPP from office, it became increasingly apparent that there were widespread community concerns around the lifetime appointment to this office and the suspension of the former DPP on full pay for a lengthy period of time.
It was clear also that there was a similar concern around the lack of clarity in relation to the power to remove those occupying that role on occasions where removal may be clearly warranted.
The draft Bill proposes that removal from office provisions should mirror those for the Solicitor-General, which provide that the office holder can only be removed during their term if a resolution is passed by both houses of Parliament.
These changes are important to ensure that Tasmanians can have full confidence in the important office of the Director of Public Prosecutions and to preserve the independence of this office.
The draft Bill is available on the Department of Justice website www.justice.tas.gov.au along with details of how to provide feedback.
The closing date for the consultation process is Friday 12 June 2015. The Government will table legislation by the end of June.