South Australian Consolidated Acts

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1991 - SECT 9

9—Independence of Director

        (1)         Subject to this section, the Director is entirely independent of direction or control by the Crown or any Minister or officer of the Crown.

        (2)         The Attorney-General may, after consultation with the Director, give directions and furnish guidelines to the Director in relation to the carrying out of his or her functions.

        (3)         Directions or guidelines under this section—

            (a)         must, as soon as practicable after they have been given, be published in the Gazette; and

            (b)         must, within six sitting days after they have been given, be laid before each House of Parliament.

        (4)         Subsection (3) need not be complied with in relation to directions or guidelines under this section relating to individual matters if, in the opinion of the Attorney-General, disclosure may be prejudicial to an investigation or prosecution, but, in that case, the directions or guidelines must be published in the Gazette, and laid before each House of Parliament, as soon as practicable after the matter is determined or otherwise completed.

        (5)         If the Attorney-General is satisfied that disclosure under this section would place human life or safety at risk or cause some other form of severe prejudice to any person, the Attorney-General may withhold material from disclosure so far as necessary to avoid that consequence.