2022 - 23 Annual Report (PDF, 14.9 MB)
To: The Honourable Kyam Maher MLC Attorney- General
This annual report will be presented to Parliament to meet the statutory reporting requirements and the requirements of Premier and Cabinet Circular PC013 Annual Reporting.
This report is verified to be accurate for the purposes of annual reporting to the Parliament of South Australia.
Submitted on behalf of the Office of the Director of Public Prosecutions by:
Martin Hinton KC
Director of Public Prosecutions
29th September 2023
In my annual report for financial year 2021-22, I referred to the challenges that extraordinary matters presented for the Office of the Director of Public Prosecutions (ODPP). In financial year 2022-23 these challenges became acute, manifest in no small part in the experiences reported in the 2023 ODPP Workplace Experience Review. Like the frog in the warming pot of water, the combined impacts of the pandemic, a high baseline workload, Operation Alpha and other extraordinary matters, Operation Ironside, and the
commitment to reducing delay have seen the Office reach boiling point. This has taken a toll on all concerned. It has also diverted the attention and energy of myself, the Executive, and management more generally. I am grateful to Rosslyn Cox and all staff, past and present, who participated in the review. The ODPP Executive and I have committed ourselves to the implementation of all recommendations within our power. We have already begun the task in earnest.
Notwithstanding the challenges presented in 2022-23, I am pleased to report that the people who are the ODPP have diligently, and with dedication, undertaken the hard work necessary to providing an effective prosecution service that is timely, efficient, and just. I am particularly grateful for their professionalism and commitment over what has been a challenging year. I thank them all.
I do not expect the challenges to dissipate. During financial year 2023-24, the ODPP will be required to position itself to conduct the large number of long and complex trials that are listed for 2024-25 in addition to maintaining the through-put of the large volume of "ordinary" matters. The funding received late last year for Operation Ironside activities until the end of the 2026 financial year meant additional staff could be recruited to assist with this positioning. However, the review makes plain that more resources will be required across the board in HR, Management, Administrative Support and Legal Officers. The review makes clear that I, the ODPP Executive, and the ODPP Management Team must, with the resources that the review recommends, rise to the challenge, and we are, as I said, committed to doing so. In the meantime, the conflict between time to manage and the obligation to get the work done, when the volume of work coming in cannot be expected to abate, will not likely dissipate to any significant degree. Knowing this, I welcome the Attorney-General's decision to re-form the Criminal Justice Ministerial Taskforce. I have no doubt that the Attorney and the Chief Executive appreciate the practical reality of the position the ODPP is in. Their support, and the wider support of the Attorney-General's Department, has continued unabated, and I thank them.
Our Purpose | The Director of Public Prosecutions 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 of Public Prosecutions also initiates and conducts appeals in the Full Court of the Supreme Court of South Australia and the High Court of Australia. |
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Our Vision | A highly skilled, professional prosecution service committed to achieving justice for the people of South Australia. |
Our functions, objectives and deliverables | The objective of the Office of the Director of Public Prosecutions is to provide the people of South Australia with an independent and effective criminal prosecution service that is timely, efficient and just. The Office pursues this objective through the application of the Director of Public Prosecution’s guidelines. The benefit to the South Australian community is the provision of an independent and impartial prosecution service which is essential to the rule of law. |
During 2022-23 there were the following changes to the agency's structure and objectives as a result of external appointments, internal reviews or machinery of government changes:
Appointment of Executive Managing Prosecutor
In early 2023, the ODPP established the role of Executive Managing Prosecutor. This role reflected similar duties for the Trial Counsel Section of the Office as the Executive Managing Solicitor within the Solicitor Section. The role is responsible for the management of all facets of the ODPP Trial Counsel Section, including workloads, staff performance, training and development, key performance indicators and wellbeing. In addition, the Executive Managing Prosecutor also undertakes complex and sensitive legal prosecutions and appeals, and oversees the legal work of the Trial Counsel Section.
The Executive Managing Prosecutor role was advertised as a SAES2 Executive role in April 2023. There was only one application which was unanimously supported by the selection panel. The incumbent was appointed on 16 June 2023.
Transition of Witness Assistance Officers to the Professional Officer remuneration stream
One of the recommendations from the Review of the Witness Assistance Team, undertaken in 2020, was to consider introducing greater diversity in the qualifications and classification levels within the ranks of the ODPP Witness Assistance Officers (WAO). The WAOs have been, for a significant period, classified within the Allied Health Professional (AHP) remuneration stream and a degree level qualification in social work has been an essential criteria for the role. However, WAOs do not provide clinical or therapeutic services and the role does not have a clinical, co-ordination, education or research focus as defined in the AHP work level definitions. The strict requirements for a social work qualification limits the opportunity to consider staff with other qualifications who have relevant skills and experience in complex case management at a senior level of professional practice. The Professional Officer (PO) remuneration stream includes an Occupational Group called "Case Managers" for which minimum essential qualifications include community services, sociology, criminology, justice, correctional practice, social sciences, human services, health or other related fields. Given that the WAO role is a case management role, the PO stream is considered a more appropriate classification.
Accordingly, after a consultation process with current WAOs, a transition of the WAO roles from the AHP stream to the PO stream was undertaken throughout the first half of 2023. All WAO roles were transitioned to the PO classification stream as of 12 June 2023.
Establishment of a second Vulnerable Witness Team within the Solicitor Section
In June 2023, the ODPP commenced a formal consultation process with all staff following an initiative by the ODPP Executive to establish a second VW Team within the Solicitor Section. The VW team undertakes specialised work relating to Vulnerable Witnesses, particularly children.
The rationale for the additional team was that it would reduce the number of VW files being held by any one solicitor within the two teams, as well as increasing the number of staff in the Office with training and experience in the conduct of VW files. This level of specialisation in this work is consistent with the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Furthermore, spreading VW files across two teams allows for team members to undertake non-VW files, providing respite from VW file work and reducing the risk of vicarious trauma. Expressions of interest were sought from all legal staff across the Office, to join the second VW Team. The new team will commence work in early 2023-24.
Introduction of the Courts Administration Authority Electronic Court Management System (ECMS)
In 2019, the ODPP was notified by the Courts Administration Authority (CAA) that they were undertaking a project to introduce the ECMS which would replace the CAA core criminal information technology system and would enable court users to obtain services online. Prosecuting agencies and defendants would have the ability to obtain details about a case via an online portal, including hearing dates, court outcomes and relevant documents. Parties would also have an ability to lodge documents via the portal and be notified of events where they occur.
The ECMS commenced operation in early 2022-23. It coincided with changes to the criminal rules (introduction of the Joint Criminal Rules 2022) and relevant forms. The ODPP, in conjunction with the Courts Administration Authority, undertook training for staff on both the new system and the new rules.
The Hon Kyam Maher MLC, 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 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.
Chief Crown Prosecutor
The Chief Crown Prosecutor is responsible for the efficient and effective conduct of High Court and Court of Appeal matters and Supreme Court and District Court trials and all matters incidental thereto that may require counsel or counsel input. The Chief Crown Prosecutor provides training, development and mentorship of prosecutors (particularly trial counsel) across the ODPP, assists in the management of the Trial Counsel Section as required, participates in the development of corporate knowledge through the ODPP Online Guide, provides advice to the Director and external organisations as required in relation to complex/sensitive prosecutions and law reform and inter-agency projects pertaining to the functions of the ODPP and participates as a member of the ODPP Executive Group as required.
Executive Managing Prosecutor
The Executive Managing Prosecutor is accountable, subject to the direction of the Director, for the management of all facets of the ODPP Trial Counsel Section (TCS). This includes the leadership and management of the TCS Management team, oversight of legal work across the TCS (with the exception of appeals and those matters determined by the Director or Deputy Director to be Extraordinary Matters) including adjudications and opinions and the conduct of complex and/or sensitive matters in the Supreme Court, District Court and other courts and the promotion of safe work practises, wellbeing and diversity within the workplace.
Executive Managing Solicitor
The Executive Managing Solicitor is responsible for all the solicitor teams. The solicitor teams comprise the Vulnerable Witness Teams, Circuit Team, three general solicitor teams (with the exception of Operation Ironside) and the Commercial Crime and Confiscations Team. 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 Court of Appeal. The Executive Managing Solicitor is a member of the ODPP Executive and also has responsibility for range of office-wide functions and initiatives including various internal reviews and projects, as well as oversight of the Legal Education and Policy Team.
There is also a team dedicated to Operation Ironside matters. This team is directly answerable to the Director.
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 the Witness Assistance Team, 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. The Director of Business Services is a member of the ODPP Executive, as is the Manager of the Witness Assistance Team.
Director of Public Prosecutions Act 1991
Criminal Assets Confiscations Act 2005
Refer to the Attorney-General’s Department 2022-23 Annual Report.
The agency’s performance
Reporting on the following aspects of the ODPP corporate functions is included within the Attorney-General's Department 2022-23 Annual Report.
- Corporate performance summary;
- Employment opportunity programs;
- Performance management and development systems;
- Work health and safety and return to work programs;
- Executive employment in the ODPP;
- Financial performance of the ODPP;
- Consultants
- Contractors
- Risk management, Fraud and Public Interest Disclosure; and
- Public complaints, compliments and feedback.
The following data is provided in relation to the Criminal Assets Confiscation function of the ODPP in accordance with the Criminal Assets Confiscations Act 2005:
Criminal Assets Confiscations | 2021-22 |
Briefs Received | 197 |
Briefs Finalised | 199 |
Non Prescribed Drug Offender Confiscation revenue (a) | $3,814,516.98 |
ODPP confiscation costs (b) | $885,977.71 |
Deposited to Victims of Crime Fund (a - b) | $2,928,539.27 |
Deposited to Justice Rehabilitation Fund | $792,544.69 |
Data from previous years is available at: https://data.sa.gov.au/data/dataset
The ODPP briefs the conduct of some trials to the private bar. The number of matters briefed and the overall cost is provided below:
Briefing out of trials to private bar | 2022-23 |
Number of matters briefed | 67 |
Total briefing out costs | $537,468.75 |
Data from previous years is available at: https://data.sa.gov.au/data/dataset
Reporting required under any other act or regulation
View reporting required under any act or regulation.
Appendix: Audited financial statements 2022-23
Refer to Attorney-General’s Department 2022-23 Annual Report.