In my 2019/2020 Annual Report I referred to a number of reviews undertaken into various aspects of the ODPP. Those reviews were either completed or nearing completion. They have now all been completed and are at various stages of implementation. What does that mean in reality? It means we have eliminated the Brief Assessment Team, and with it, double-handling in our consideration of briefs pre-committal; we have re-worked the test governing when a prosecution is to be instituted to make more clear the evidential threshold to be met; we have worked with South Australia Police and Forensic Science South Australia to develop preliminary reports that will assist in reducing delays in the preparation of preliminary briefs; we have modified our approach to adjudication to provide greater assistance to investigating officers; we have commissioned an Information and Technology (IT) strategic plan; we have assembled a dedicated confiscation and commercial crime team, and, in response to Government initiatives, are in the process of creating a team to deal exclusively with the pre-trial taking of evidence in cases involving complainants who are children or vulnerable.

This is not all we have done, but it is enough to demonstrate that we have begun a process of ambitious change so that the ODPP may continue to provide an efficient and effective prosecution service for the people of this State.

We are not finished. The coming year will see us complete the implementation of the Witness Assistance Team Review, review the ODPP Guidelines, develop an all of Office continuing legal education program, and continue to engage with data analytics, amongst other initiatives.

Change on this scale can be unsettling. Generally, however, the process we have undertaken has been embraced. It has allowed us to achieve greater flexibility allowing for work to move more easily to where there is capacity. That, in turn, has contributed to the better management of wellbeing.

All the while we have continued to discharge our duties to a high standard across all courts in the face of a demanding and relentless workload.

Maintaining consistency with the format of the 2019-20 Annual Report, in the leaves of this report we have assembled a comprehensive analysis of the ODPP’s performance for 2020-2021. The indicators reflect favourably upon all concerned.

I thank all members of staff for their hard work, patience, support and professionalism. I also thank them for their commitment to the Office, to each other, and to what we do.
Lastly, I thank the Attorney-General and the Chief Executive whose support this past year has not wavered.

Martin Hinton QC
Director of Public Prosecutions

During 2020-21 changes were made to the ODPP’s structure and objectives as a result of internal reviews or machinery of government changes:

• The following changes were made in accordance with the recommendations made as part of the external Witness Assistance Service Review conducted in November 2020. In line with that Review:
  • In March 2021, the Witness Assistance Service was renamed the Witness Assistance Team (WAT).
  • In May 2021, the role requirements of the WAT Manager was reviewed and updated to prioritise management capabilities.
• The following changes were made in accordance with the recommendations made as part of the internal Brief Assessment Team Review conducted in February 2021:
  • In April 2021, the two Brief Assessment Teams were disbursed across existing general solicitor teams and no longer operate as a specialised work group. The general solicitor teams now hold responsibility for all incoming preliminary briefs.
  • In April 2021, the adjudications function previously performed by the Brief Assessment Teams and Court of Appeal processes were assigned to a new team within the Trial Counsel Section.
• In May 2021, a dedicated Commercial Crime and Confiscations team was established to deal with matters relating to corruption, financial crime, cybercrime and the confiscation of assets.

The Hon Vickie Chapman MP, Deputy Premier and Attorney-General is the State’s principal legal advisor to the government and responsible for the administration of justice. The Attorney-General is a member of Cabinet and responsible for:

• specific legislation and the State's legal system
• developing and implementing policy
• legal action relevant to the State government.

Director of Public Prosecutions
The Director is a statutory officer, independent of the Attorney-General’s Department, who initiates and conducts criminal prosecutions in the Magistrates, District and Supreme Courts of South Australia. The Director also initiates and conducts appeals in the Full Court of the Supreme Court of South Australia and the High Court of Australia. The Director oversees the operations of the ODPP comprising various teams including Trial Counsel, Solicitors, Commercial Crime and Confiscations, Business Services and the Victim and Witness Assistance Team to ensure the ODPP provides the people of South Australia with an independent, impartial and effective criminal prosecution service that is timely, efficient and just.

Deputy Director of Public Prosecutions
The Deputy Director of Public Prosecutions is responsible for the Witness Assistance Team and the Legal Education and Policy Team. In addition to the oversight of these workgroups, the Deputy Director manages a range of office-wide functions and initiatives including wellbeing, various internal reviews and projects. The Deputy Director is also one of the most senior prosecutors within the Office and continues to undertake the prosecution of serious criminal trials in the District and Supreme Courts.

Chief Crown Prosecutor
The Chief Crown Prosecutor is responsible for the management of the Trial Counsel Section, appeals and the new adjudications team. This includes the allocation of resources for trial and appeals work across the Office. The Trial Counsel Section (including the Chief Crown Prosecutor) undertakes the prosecution of the most serious criminal pleas and trials in the District and Supreme Courts.

Where the internal resources of the ODPP are not able to cover a particular trial, counsel at the independent Bar may be briefed. This occurs frequently. The Chief Crown Prosecutor is responsible for the management of the ODPP briefing out budget and for determining when to brief out and who to brief out to.

Executive Managing Solicitor
The Executive Managing Solicitor is responsible for all the solicitor teams. The solicitor teams comprise the Vulnerable Witness Team, Circuit Team and five General Solicitor Teams. The solicitor work includes committals in the Magistrates Court and conduct of major indictable matters in the superior courts including pre-trial hearings and preparation of files for trial. Prosecution files include fraud, Drug Court matters, mental health orders, ICAC prosecutions and circuit work in Mount Gambier and Port Augusta. Senior members of the solicitor teams also undertake appeal work in the Full Court of the Supreme Court of South Australia.

Director of Business Services
The Director of Business Services is responsible for the Business Services Section (BSS). The BSS comprises several legal support teams including law clerks, secretaries and administrative staff. The BSS is responsible for all aspects of human resource management, financial services, information management, work health and safety, administrative policy and procedures, procurement, records management, risk management, and a range of other specific office support functions such as data entry, secretarial, reception and rounds delivery.

Director of Public Prosecutions Act 1991

Criminal Assets Confiscations Act 2005

Refer to the Attorney-General’s Department 2020-21 Annual Report.

Reporting on the following aspects of the ODPP is contained within the Attorney-General’s Department 2020-21 Annual Report:

• Corporate performance summary
• Employment opportunity programs
• ODPP performance management and development systems
• Work, health, safety and return to work programs
• Executive employment in the ODPP
• Financial performance of the ODPP
• Consultants
• Contractors
• Risk management
• Public complaints, compliments and feedback.

In relation to Criminal Assets Confiscations, the following data is provided:

Data from previous years is available at: https://data.sa.gov.au/data/dataset

In relation to briefing out of trials to the private bar by the ODPP, the following financial data is provided:

Data from previous years is available at: https://data.sa.gov.au/data/dataset