The ACT prosecution office will no longer handle regulatory matters – such as construction violations and animal protection offences – but will leave them to government agencies in a move criticised for creating a possible state of “anarchy and lawlessness”.
Chief prosecutor Victoria Engel SC this month wrote to ACT government agencies – including the Electoral Commission, the Human Rights Commission and the Environment Protection Authority – alerting them to the changes, which she blamed on limited resources.
The Australian understands Ms Engel wrote to Chief Minister Andrew Barr in February with her concerns, but did not hear back. “I have come to this difficult decision, together with my executive, due to the ongoing significant resourcing strain on my office, the need to prioritise serious criminal matters and ensuring those matters are prosecuted adequately; and to simultaneously protect the wellbeing of my staff and comply with my work health and safety obligations,” she wrote in the email to agencies, obtained by The Australian.
“Please know that this decision was not made lightly, and I am disappointed that it has become necessary.”
Ms Engel, in the email, said her office would continue to appear in any matters received before June 30, and finalise any existing matters within the office prior to that date. “I acknowledge the significance of this change and the likely impact on your organisation, as well as the community we serve,” she said. “I would like to take this opportunity to thank you for your support and partnership. My office has valued the professional relationship our agencies have built working together.”
Ms Engel sent a similar email to ACT Attorney-General Tara Cheyne in which she listed the government agencies that would no longer receive the services of the Office of the Director of Public Prosecutions.
In comments to The Australian, Ms Engel said the decision would bring the ACT in line with other jurisdictions. “The decision has not been made lightly and following notification to the ACT government in early February of our intention to wind back non-essential services, to allow us to focus our resources on ensuring that serious crime in the ACT is prosecuted to the highest standard,” she said. “This move brings us into line with DPPs in other jurisdictions, who largely do not take over and appear in regulatory matters.”
She said she did not expect the decision would result in a drop off in the number of regulatory matters being prosecuted, but understands “the relevant agencies will engage the services of the ACT Government Solicitor or brief the matters to private barristers, as occurs in other jurisdictions”. “The ODPP will continue to appear in WorkSafe matters, however, the remainder of regulatory matters will not be taken over by the ACT DPP after 30 June,” Ms Engel said.
A source close to the ACT government said the decision could delay justice, with investigators and regulators left furious about the lack of consultation. “We have been blindsided by the DPP’s notice that she is about to stop prosecuting regulatory matters,” the source said. “The ODPP previously had a team dedicated to prosecuting regulatory offences.
“The DPP’s decision means government agencies will have to figure out how to conduct these prosecutions. That’s not something that can happen quickly. There will be a long lead-in time for agencies to acquire the capacity to conduct these prosecutions themselves.”
There are “few lawyers” with expertise in regulatory fields, the source said, and “it’s not going to be easy to find them in Canberra”.
They also raised concerns over how funding would be distributed for prosecutions. “Another difficulty is ACT government agencies aren’t funded to conduct these prosecutions. That funding sits with the DPP. It’s not clear whether the necessary funding will be forthcoming given the government is trying to save money and is making cuts everywhere.
“In the short term, this decision could cause a state of anarchy and lawlessness in the ACT once people and dodgy businesses realise all manner of offences won’t be prosecuted for the foreseeable future,” they said.
An ACT government spokesman said: “The government is considering the advice of the DPP and intends to have arrangements in place for these prosecutions to be progressed from June.”