The Hodgman Liberal Government will undertake public consultation on an amendment to the Director of Public Prosecutions Act 1973 to introduce 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 draft amendment proposes introducing a ten year term for the DPP which cannot be renewed.
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.
At the time of the removal from office of the previous DPP, the Government committed to amending the Act to provide greater consistency with other statutory office holders and allow greater flexibility for the government to take appropriate action in exceptional circumstances.
The draft amendment 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 house 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 Government will consult with legal stakeholders and the public regarding the amendment before tabling legislation prior to the end of June.
The draft amendment and information about the consultation process will be available in early May at www.justice.tas.gov.au.