2023 - 24 Annual Report (PDF, 13.1 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
30th September 2024
The 2023-24 reporting year has provided both challenges and opportunities for the ODPP.
Many of the issues confronted in past reporting years remain; the volume and nature of our work continues to present challenges, staff continue to work under pressure to tight timeframes to ensure that matters are prosecuted effectively and efficiently, and to provide information and support to victims of crime and their families. Wellbeing, in the wake of workload and subject matter, remain high priorities. In this regard, much work has been done leveraging the recommendations of the 2023 ODPP Workplace Experience Review, with the ODPP embarking upon a comprehensive change program which examines the processes, functions, roles, and purpose of many aspects of our organisation. The Change Program comprises 24 projects drawn from the Review and previous reviews. Ten of these projects have been prioritised to deliver "quick wins" and/or build foundational capabilities by the end of the 2024 calendar year. Some of these include a pilot of electronic evidence presentation technology within the courtroom; providing a more objective measure of solicitor workload, thereby optimising file allocations; and reviewing the support roles and functions for legal teams to ensure processes are efficient and resourcing is optimal. In the immediate and mid-terms, our focus is upon our processes governing the allocation of work and the preparation, resourcing, and presentation of matters in court.
The Change Program is expected to take 3 years to deliver returns on all 24 projects. It is anticipated that some projects will be iterative whilst others will give rise to further undertakings. Overall, the Program is ambitious and we are grateful for the support of the Attorney-General and the Chief Executive of the Attorney-General's Department.
Extraordinary Matters (i.e. matters which are large, complex, and require a dedicated team of lawyers and support staff for the life of the matter) are no longer as extraordinary as they once were, in terms of frequency. The complexity and volume of these matters continues to increase. In 2023-24 the ODPP had conduct of 5 Extraordinary Matters, one of which encompassed Operation Ironside which of itself comprises over 40 separate trials. The ODPP is now giving serious consideration to the creation of a dedicated team of solicitors to deal with the serious and complex work that is becoming more and more commonplace.
While the funding received for Extraordinary Matters enables the recruitment of additional staff, recruitment itself and the subsequent retention of experienced staff, remains a challenge, not only for the ODPP but for all organisations within the legal sector. Retention of experience is particularly critical to being able to provide an effective prosecution service capable of dealing with Extraordinary Matters. Increased mobility by young practitioners, and the availability of work at the private bar for experienced counsel, has meant that the ODPP has undertaken several recruitment processes over the year. The increasing number of junior practitioners within the ODPP staff has created additional pressures in terms of training, knowledge transfer, oversight, and general management for the more experienced staff. The quality of our recruits is particularly high, but the ODPP is unable to recruit experience at the same level as that lost and, as in all things, the attaining of experience takes time. The result is that over the next 3-5 years it is anticipated that the ODPP will make greater use of the independent Bar than has previously been the case, whilst embarking upon an accelerated program aimed at skill enhancement and retention, particularly of in-house prosecutors.
Staff wellbeing remains a priority for the ODPP. The Office has continued to develop training and other supports for staff to assist them in the conduct of often difficult and confronting matters. In addition, a project to assess and action psychosocial risks, as identified by staff themselves, will result in additional initiatives being developed and implemented by a dedicated Wellbeing Officer, recruited in the latter half of 2023-24.
With respect to the care and support of victims of crime, the Office is in the process of recruiting three Aboriginal Witness Assistance Officers whose roles will include, not only providing culturally appropriate support to Aboriginal victims and witnesses,but providing staff with expert advice on cultural considerations to be taken into account in prosecuting, and cultural awareness training more generally. Additionally, the Office has recruited a number of casual Support Officers to assist our Witness Assistance Officers in supporting victims of crime through the prosecution process.
Once again it has been a very busy year for the ODPP. I expect the same in 2024-25, with, I anticipate, greater emphasis being given to the necessity of reducing delay in the criminal justice system for the sake of all concerned, but, in particular, victims of crime. From an organisational perspective, many of the Change Program initiatives will deliver significant outcomes that will contribute to greater efficiency, job satisfaction, role clarity, and wellbeing.
Lastly, I express my thanks to the staff of the ODPP for their professionalism and dedication.
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. |
|---|---|
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 2023-24 there were the following changes to the agency's structure and objectives as a result of internal reviews or machinery of government changes.
Executive Director, Operations role
The new Executive Director, Operations commenced in the ODPP on 5 February 2024. This role was established as a result of one of the recommendations of the 2023 ODPP Workplace Experience Review. The role is discussed below.
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.
Executive Director, Operations
The Executive Director Operations (EDO) is a new role, established in 2024. The EDO is responsible for advising the Director and leading the strategic direction of the ODPP in relation to systems, processes of work, workload, people management and other business functions. This includes the development and review of system and process priorities that complement and advance the delivery of legal services by the ODPP, in addition to managing and developing programs to improve overall organisational effectiveness and engaging with all staff in the ODPP to achieve those change and capacity improvements.
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.
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 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.
The Executive Managing Prosecutor is a member of the ODPP Executive and also has responsibility for range of office-wide functions and initiatives.
Executive Managing Solicitor
The Executive Managing Solicitor is responsible for the solicitor teams, with the exception of the Serious and Complex Crime Team. 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 the conduct of major indictable matters in the superior courts including pre-trial hearings and preparation of files for trial. Prosecution files include fraud, VWT, 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.
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.
Manager of the Witness Assistance Team
The Manager of the Witness Assistance Team (WAT) is responsible for the delivery of state-wide information and support services to victims and witnesses, and their immediate families, in matters dealt with by the ODPP. The Manager has a team of 11.7 FTE who manage the WAT caseload and provide support and assistance service in accordance with the Office requirements. The WAT Manager is a member of the ODPP Executive.
Director of Public Prosecutions Act 1991
Criminal Assets Confiscations Act 2005
Refer to the Attorney-General’s Department 2023-24 Annual Report.
The agency’s performance
Reporting on the following aspects of the ODPP corporate functions is included within the Attorney-General's Department 2023-24 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.
| Criminal Assets Confiscations | 2023-24 |
|---|---|
| Briefs Received | 184 |
| Briefs Finalised | 207 |
| Non Prescribed Drug Offender Confiscation Revenue (a) | $3,692,708.20 |
| ODPP Confiscation costs (b) | $918,266.64 |
| Deposited to Victims of Crime Fund (a - b) | $2,774,441.56 |
| Prescribed Drug Offender Confiscation revenue (c) | $4,441,275.75 |
| ODPP PDO confiscation costs (d) | $448,787.04 |
| Deposited to Justice Rehabilitation Fund (c-d) | $3,992,488.71 |
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 | 2023-24 |
|---|---|
| Number of matters briefed | 100 |
| Total briefing out costs | $651,088.58 |
Reporting required under any other act or regulation
View reporting required under any act or regulation.
Appendix: Audited financial statements 2023-24
Refer to Attorney-General’s Department 2023-24 Annual Report.