THE government has introduced legislation that would allow Parliament to sack or suspend the Director of Public Prosecutions. The proposed laws also replace the DPP's lifetime employment with a renewable 10-year term. The changes come in the wake of the dumping of former DPP Tim Ellis, SC, nearly two years after he was found guilty of causing death by negligent driving in a 2013 crash. Mr Ellis was stood down on full pay while the matter went through the courts. "It became increasingly apparent that there were widespread community concerns around the lifetime appointment to this office and the suspension of the former DPP on full pay for a lengthy period of time," Attorney-General Vanessa Goodwin said on Tuesday. "It was also clear that there was similar concern around the lack of clarity in relation to the power to remove those occupying that role on occasions where removal may be clearly warranted." The changes would allow a person to be suspended or removed on the grounds of misbehaviour, misconduct, or recording criminal charges or convictions. A DPP can only be removed for misbehaviour (which isn't defined in legislation) by the governor on advice of the government. The changes would also allow for a DPP to be suspended on reduced or no pay. At the end of a 10-year term, a DPP would need to compete for their position. All proposed changes would also apply to the Solicitor-General's position. Law Society of Tasmania president Matthew Verney said the legislation remained problematic. Mr Verney said contestable second terms could politicise the positions. "The issue of the term being non-renewable goes straight to the heart of the independence of the DPP," he said. "A DPP could come under pressure, or feel under pressure, to prosecute or not to a politically-sensitive matter." The society instead wants to see a fixed, 15-year term.
THE government has introduced legislation that would allow Parliament to sack or suspend the Director of Public Prosecutions.
The proposed laws also replace the DPP's lifetime employment with a renewable 10-year term.
The changes come in the wake of the dumping of former DPP Tim Ellis, SC, nearly two years after he was found guilty of causing death by negligent driving in a 2013 crash.
Mr Ellis was stood down on full pay while the matter went through the courts.
"It became increasingly apparent that there were widespread community concerns around the lifetime appointment to this office and the suspension of the former DPP on full pay for a lengthy period of time," Attorney-General Vanessa Goodwin said on Tuesday.
"It was also clear that there was similar concern around the lack of clarity in relation to the power to remove those occupying that role on occasions where removal may be clearly warranted."
The changes would allow a person to be suspended or removed on the grounds of misbehaviour, misconduct, or recording criminal charges or convictions.
A DPP can only be removed for misbehaviour (which isn't defined in legislation) by the governor on advice of the government.
The changes would also allow for a DPP to be suspended on reduced or no pay.
At the end of a 10-year term, a DPP would need to compete for their position.
All proposed changes would also apply to the Solicitor-General's position.
Law Society of Tasmania president Matthew Verney said the legislation remained problematic.
Mr Verney said contestable second terms could politicise the positions.
"The issue of the term being non-renewable goes straight to the heart of the independence of the DPP," he said.
"A DPP could come under pressure, or feel under pressure, to prosecute or not to a politically-sensitive matter."
The society instead wants to see a fixed, 15-year term.
