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Index

Index

A

abbreviations, 162

Aboriginal and Torres Strait Islander people employed, 155 accountability see governance, audit and accountability Administrative Support and Governance Branch, 98–9 administrative tribunal decisions, 106

advertising and market research, 136 Aegon Insights Australia Pty Ltd, 13 ‘agency‑to‑agency’ assistance, 40 aim (CDPP), iii

Alameddine, Talal, 53

Alou, Raban, 53

annual performance statement see performance annual report 2018–19 corrections, 158

appeals, v, 76, 83–7

asset management, 104

Atai, Milad, 53

Attorney‑General’s Department, 32, 39, 40, 45, 50, 61 Attorney‑General’s directions to Director, 6

Audit Committee, 72, 74, 92–3, 95, 96

Auditor‑General, access clauses in contracts, 105 audits

ANAO performance audits, 2, 63, 73, 106

financial statements, 106, 109–110

internal audits and reviews, 11, 12, 63, 96, 98, 99 Australian Advocacy Institute, 62

Australian Border Force, 33, 48

Australian Centre to Counter Child Exploitation, 33, 34 Australian Commission for Law Enforcement Integrity, 38 Australian Competition and Consumer Commission, 27, 29 Australian Cybercrime Online Reporting Network, 59 Australian Federal Police, 33, 35, 41

corruption offences and superannuation orders, 41 electronic briefs submission, 8–9

Australian Federal Police Act 1979, 41 Australian Information Commissioner, 106 Australian Law Reform Commission, 28

Australian National Audit Office, 92 access clauses in contracts, 105

financial statements audit report, 106, 109–110

performance audits, 2, 63, 73, 106 Australian Public Service Commission, 95

Australian Securities and Investments Commission, 13, 27 Australian Taxation Office, 28, 57, 58, 59

B

bail applications during COVID‑19 pandemic, 86–7

benefits fraud see Revenue and Benefits Fraud practice group biosecurity, 47

Biosecurity Act 2015 (Cth), 32 Black Economy Taskforce, 58 bribery, foreign, 27

briefs

assessment outcomes, 78

defined, 163

electronic, 8–9, 57, 98

pre‑brief advice, 8, 16, 28, 32, 38, 48, 51

see also prosecutions Bruckard, Scott, 19

business continuity, 1, see also COVID‑19 pandemic

business improvement see National Business Improvement branch business plans see plans and planning

C

Cachia, Paul Samuel, 86 Capability Review Committee, 57

carriage service use, offences relating to, 45 cartel conduct, 29

Carter, James, 20

case management, 24, 63, 72, 98

audit of, 63, 73, 106

caseHQ system, 9, 72, 98, 99

see also prosecutions

Case Recording Information Management System (CRIMS), 72, 98, 99

case studies

cartel conduct, 29

Centrelink employee fraudulent claims, 60 CommInsure hawking offences, 13 identity theft and income tax fraud, 59 illegal importations of pig semen, 47

NSW Police drug referrals, 48 paedophile jailed, 34

pandemic response, 101

sentencing for the terrorist killing of Curtis Cheng, 53 sex slavery, 35

solar‑powered hot water system fraud, 42 terror attack on Shia mosque, 54

wildlife trafficking, 43

caseHQ system, 9, 72, 98, 99

Centrelink see Services Australia (Centrelink) Chaarani, Abdullah, 54

Cheng, Curtis, 53

Chief Corporate Officer, 21, 24, 98

child exploitation matters, 30–4, 38

Royal Commission, 32, 64

victim support see Witness Assistance Service

see also Human Exploitation and Border Protection practice group Civil Aviation Safety Authority, 38

Clean Energy Regulator, 42

Code of Practice for Deferred Prosecution Agreements, 28 Colonial Mutual Life Assurance Society Ltd (CommInsure), 13

Combatting Child Sexual Exploitation Legislation Amendment Act 2019, 32 Comcare, 39

Commercial, Financial and Corruption practice group, 21, 25, 26–9

committees, 92–5

Audit Committee, 72, 74, 92–3, 95, 96 common law contracts, 158–9 Commonwealth Bank of Australia, 13

Commonwealth Director of Public Prosecutions about the CDPP, ii–iii

aim, iii

directions to Director, 6 Director (profile), 18

Director’s foreword, 1–3

Director’s role and powers, 17, 87–8

establishment of, 6

overview, 6–12

purpose statement, iii, 70

role and functions of the entity, 6–12 statutory appointment, 3

statutory functions and powers, 87–8 Commonwealth Procurement Rules, 104–105

Commonwealth Solicitor for Public Prosecutions, 6, 17, 19, 63, 94 communication and media, 100

community education and engagement, 12 Competition and Consumer Act 2010 (Cth), 29 complaints handling, 63–4

confiscation of criminal assets, 41

conflicts of interest disclosure and management, 96 conspiracy proceedings, Director’s consent to, 88 consultancy services, 105

Continuing Legal Education Committee, 62 contracts, 105

conviction, defined, 74, 163, see also prosecutions coronavirus see COVID‑19 pandemic

corporate crime see Commercial, Financial and Corruption practice group corporate governance, 90–1

corporate plan performance criteria, 71 corrections to annual report 2018–19, 158 corruption offences and superannuation orders, 41 counsel, external, 61, 63

counter terrorism work, 50–4, 85, see also Organised Crime and Counter Terrorism practice group

court proceedings, 9 COVID‑19 pandemic

and bail applications, 86–7 impact of, vii, 6, 27, 37, 46, 50, 101

response to, 1, 3, 6, 32, 39, 56, 57, 62, 63, 94, 95, 98, 99, 100–101

Crimes Act 1914, 48

private prosecutions, 87

sentencing, defined, 163

Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019, 28

Crimes Legislation Amendment (Economic Disruption) Bill 2020, 51

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020, 32

Crimes (Superannuation Benefits) Act 1989, 41 criminal assets confiscation, 41

Criminal Code 2010 (Cth), 32, 45, 57

terrorist acts contrary to, 53–4, 85

cross‑border access to electronic information and communications data, 39 the Crown, defined, 163

cyber security, 99

D

data breaches, 96

data migration, 72, 98, 99

data reporting and analytics, 9, 98

de Crespigny, Mark, 20, 32

defence appeals, 76

defended matters, 2, 74

Deferred Prosecution Agreements scheme, 28 Department of Education, Skills and Employment, 38, 58 Department of Foreign Affairs and Trade, 39, 46 Department of Health, 39, 57

Department of Home Affairs, 32, 39, 45, 51, 61, 67 Department of Human Services see Services Australia Deputy Directors, 19–21, 24

digital tools and resources, 6, 28, 37

caseHQ, 9, 72, 98, 99

compliance processes, 72

CRIMS, 72, 98, 99

data migration, 72, 98, 99

Digital Referrals Gateway, 9, 57, 98

e‑briefs, 8–9, 57, 98

e‑trials, 9, 98

Partner Agency Portal, 45, 48, 61

digital transformation, 9, 72, 98, 101

Dirani, Mustafa, 53 directions to Director, 6

Director of Public Prosecutions Act 1983, 3, 6, 17, 87, 88, 90

Director of Public Prosecutions (Cth) v Fariq Aldakhir Bin Aqbal Omar [2019], 84 Director of Public Prosecutions (Cth) v Paul Samuel Cachia, 86

disability strategy, 161

disclosure offences, 6

discontinuances, 73, 81, 87–8

diversity in the workplace, 155, 160–1 document management see caseHQ system drug offences, 48, 50, 51, 84

E

e‑briefs (electronic briefs of evidence), 8–9, 57, 98

e‑trials (electronic trials), 9, 98 ecologically sustainable development, 146

electronic resources see digital tools and resources Enabling Services Group, 16, 21, 24, 25, 98–101

enterprise agreement, 94, 100, 158, 160 entity resource statement, 147

Environment Protection and Biodiversity Conservation Act 1999, 43 environmental performance, 146

ethical standards, 95–6

ex-officio indictments, 88

Executive Leadership Group, 6, 18, 74, 88, 92, 94–5, 96, 98

exempt contracts, 105

expenses and resources for outcome, 147

exportation and importation matters see Illegal Imports and Exports practice group external counsel, 61, 63

external scrutiny, 106

extradition, 39, 40–1

F

Family Day Care Payment Integrity Interdepartmental Committee, 38, 58 family day care sector fraud, 38, 58

Family Law Act 1975 section 121 offences, 88 Federal Court jurisdiction, 28

Federal Prosecutors, 62, 164

salary scales, 154

workforce statistics, 148–53

federal/state differences in offences and prosecutions, 48 feedback and complaints, 63–4

Financial Services branch, 99–100 finances

entity resource statement, 147

expenses and resources for outcome, 147 finance law compliance, 104

financial management, 92, 99–100

financial performance, 104

financial statements, 104, 106, 108–133

financial crime see Commercial, Financial and Corruption practice group; Revenue and Benefits Fraud practice group

firearms trafficking, 45

flexible work arrangements, 1, 3, 6, 99, 100, 101, 159

forced labour/forced marriage see Human Exploitation and Border Protection practice group

foreign bribery, 27

foreign fighters, 50

fraud see Commercial, Financial and Corruption practice group; Revenue and Benefits Fraud practice group

fraud management and control within CDPP, i, 95

Freedom of Information Act 1982

CDPP work, 37, 41

exempt matters, 105

Information Publication Scheme, 136 requests received, 41

G

gender balance briefing policy, 63

CDPP staff, 2, 148–51, 161

Global Counter Terrorism Forum, 51 glossary, 163–4

governance, audit and accountability, 90–6, 98

GST fraud, 57

guilt rate, 2, 71, 73–4 guilty pleas, defined, 163

H

‘hawking’ offences, 13

home‑based work, 1, 27, 94, 99, 100, 101, 159

Human Exploitation and Border Protection practice group, 20, 25, 30–5 human resources management see staff

human trafficking, 30–6, 52, 67, see also Human Exploitation and Border Protection practice group

I

identity theft, 59

Illegal Imports and Exports practice group, 20, 25, 44–8 illicit drugs see drug offences

Illicit Tobacco Taskforce, 46, 58

import offences see Illegal Imports and Exports practice group incident reporting, 160

indemnities, 88

Independent National Security Legislation Monitor, 51

indictments

ex-officio indictments, 88

prosecutions on indictment, 75, 76, 77

Indigenous employment, 155

Indonesia, vii, 52, 67

information and communications data, cross‑border access to, 39 Information and Communications Technology branch, 99 Information Publication Scheme, 136

information resources

library and research services, 99 for victims and witnesses, 67

information technology, 99, see also digital tools and resources insurance products marketing, 13

Integrity Agencies Group, 38

internal audits and reviews, 11, 12, 63, 96, 98, 99

internal governance, 90, 98

International Assistance and Specialist Agencies practice group, 20, 25, 36–43, 58

international engagement, vi–vii, 39, 46, 52 Islamic State supporters, 53–4

J

Jervis Bay Territory, 37

Joint Anti Child Exploitation Team, 33 Joint Counter Terrorism Teams, 51, 53 journalists, disclosure offences, 6

jury trials

e‑trials, 9

suspension and recommencement, 1, 6, 37

K

Kanbut, Rungnapha, 35

Kawasaki Kisen Kaisha Ltd (K‑Line), 29 Kennedy, Martin, 43, 85

key management personnel, 132, 156, see also senior executives Korea, vii

KPMG, 63

Kunsevitsky, Boris, 34

L

Laue, Henning, 47

Law Council of Australia, National Model Gender Equitable Briefing Policy, 63 law reform, 28, 32, 39, 45, 51, 58, 61

learning and development, 2, 61–2, 66, 98, 99, 159

Legal Business Improvement branch, 17, 24, 25, 61–4, see also National Business Improvement branch

legal practice see practice groups; prosecutions legal services expenditure, 106

legislation under which charges were dealt with, 78–80

legislative framework (CDPP), 17, 90, see also names of specific Acts

Lelikan, Renas, 85 letter of transmittal, i

library, research and information services, 99

M

market research, 136

McCarthy, Ryan, 59

McNaughton, Sarah, 18, see also Commonwealth Director of Public Prosecutions media relations, 100

Medicare fraud, 56–7, see also Revenue and Benefits Fraud practice group ministerial and parliamentary liaison, 100

Mohamed, Ahmed, 54

Mohammad, Farhad, 53

mosque destruction, 54

motor vehicle shipping industry, 29 Moukhaiber, Hatim, 54

Muldoon, Brett Stephen, 42

Multicultural Access and Equity Action Plan, 160, 161 multilateral conventions, 40

mutual assistance in criminal matters and extradition, 39–40

N

National Action Plan to Combat Human Trafficking and Slavery, 33

National Business Improvement branch, 24, 63, 98, see also Legal Business Improvement branch

National Consultative Committee, 94

National Disability Insurance Scheme fraud, 56, 57 National Disability Strategy, 161

National Health and Safety Representative Committee, 94 National Illicit Tobacco Management Group, 46

National Illicit Tobacco Senior Management Group, 46 National Model Gender Equitable Briefing Policy, 63

National Offshore Petroleum Safety and Environmental Management Authority, 39 national practice group model, 16, 24–5, see also practice groups

National Roundtable on Human Trafficking and Slavery, 33 National Victims of Crime Liaison Group, 67

New Zealand, extradition arrangements with, 40–1 Nippon Yusen Kabushiki Kaisha, 29

‘no bill’ applications, 164 non‑salary benefits, 158

prosecution service, 37–8 victims of crime support, 67

NSW Police, 45, 48

O

Oberoi, Sabeena, 21 offices of CDPP

COVID‑19 requirements compliance, 1 locations, vi

O’Grady, Rebecca, 60

Omar, Fariq Aldakhir Bin Aqbal (drug offences), 85 Omar, Mr (NDIS fraud), 57

online resources see digital tools and resources operating results, 104

Operation Elbrus, 28

Operation Peqin‑Fellows, 53

organisational structure, 16

governance structure, 91

see also practice groups

Organised Crime and Counter Terrorism practice group, 19, 49–54 outcome, iii

expenses and resources for outcome, 147 overview, 6–12

P

pandemics see COVID‑19 pandemic parliamentary committees, 32

parliamentary liaison, 100

partner agencies, 45, 51, 91

referrals, iv, 26, 30, 36, 44, 48, 49, 55, 81–2

satisfaction survey methodology, 144–5 satisfaction survey results, 2, 71, 73 services for see prosecution services

training/conferences with, 38, 39, 51, 52, 57

see also stakeholder engagement Partner Agency Portal, 45, 48, 61

Pavleka, Andrea, 18, see also Commonwealth Solicitor for Public Prosecutions People and Communication branch, 100

people smuggling see human trafficking

performance

accountable authority statement, 70 analysis against purpose, 71–4 audits, 2, 63, 73, 106

brief assessments outcomes, 78

criteria and results summary, 2, 71, 72–4

Director’s foreword, 1–3

environmental, 146

financial, 104

key measures, 2

legislation under which matters dealt with, 78–80 prosecution appeals, 76, 83–7

prosecution performance indicators, 2, 77

prosecution statistics, 75–6 referring agencies statistics, 81–2

statutory functions and powers, 87–8

see also environmental performance; finances performance pay, 159

Pharmaceutical Benefits Scheme fraud, 56–7 Philippine delegation, 52

pig semen importation, 47 plans and planning

corporate plan performance criteria, 71 multicultural access and equity, 160, 161

reconciliation action, 161

workforce, 100

policies and guidelines (CDPP), 61, 63

legislative framework, 17, 90

see also Prosecution Policy of the Commonwealth; Victims of Crime Policy

pork industry protection, 47 Portfolio Budget Statements, 71, 104 portfolio membership, ii, 6

practice groups, 16, 25

Commercial, Financial and Corruption, 21, 25, 26–9

Human Exploitation and Border Protection, 20, 25, 30–5

Illegal Imports and Exports, 20, 25, 44–8

International Assistance and Specialist Agencies, 20, 25, 36–43, 58

leaders (Deputy Directors), 19–21, 24

Organised Crime and Counter Terrorism, 19, 49–54 Revenue and Benefits Fraud practice group, 20, 25, 55–60

structure, 16, 24–5

support for see Enabling Services Group; Legal Business Improvement branch.

pre‑brief advice, 8, 16, 28, 32, 38, 48, 51

privacy, 96

private prosecutions, 81, 87 proceeds of crime, 43

Proceeds of Crime Act 2002, 41

procurement, 104–105

professional development see learning and development Project Board, 94

prosecution appeals, 76, 83–7

examples, 84–7

prosecution counsel, defined, 164, see also Federal Prosecutors Prosecution Policy Declarations, 11, 72

Prosecution Policy of the Commonwealth, 2, 17, 24, 28, 65, 90

appeals, 83–7

brief assessments outcomes, 78

prosecution test compliance, 2, 10–11, 72, 74

prosecution services, 8–9, 32, 37–8, 51, 57–8, see also performance

prosecutions, 8–9

analysis of performance, 71–4 appeals see prosecution appeals case studies see case studies discontinued, 73, 81, 87–8

legislation under which charges were dealt with, 78–80 performance indicators and results, 2, 71, 72–4, 77

private, 81, 87

referring agencies, 81–2

resulting in a finding of guilt, 2, 71, 73–4

statistics, v, 75–6

trends, 27–8, 31–2, 37, 45, 50–1, 56–7

prosecutors see Federal Prosecutors

Public Governance, Performance and Accountability Act 2013, i, 17, 90, 94, 96

Public Governance, Performance and Accountability (Financial Reporting) Rule 2015, 104 Public Governance, Performance and Accountability Rule 2014, i, 90, 94, 95

public interest disclosure, 95

public interest factors in prosecution test, 10–11

Public Service Act 1999, 3, 17, 90

section 24(1) determinations, 158, 159

purchasing, 104–105 purpose statement, iii, 70

Q

Queensland Police, 33, 59

R

R v Kennedy [2019], 85

R v Lelikan [2019], 85 Reconciliation Action Plan, 161

Red Cross Support for Trafficked People Program, 67 referring agencies, 81–2, see also partner agencies Remote Communities Direction, 32

remuneration and benefits, 154–9

key management personnel, 132, 157 resources for outcome, 147

Revenue and Benefits Fraud practice group, 20, 25, 55–60

risk management, 63, 92, 94–5 role and functions

CDPP, 6–12

CSPP, 17

Director, 17

Royal Commission into Institutional Responses to Child Sexual Abuse, 32, 64

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, 13, 27

S

satisfaction surveys (partner agencies) methodology, 144–5

results, 2, 71, 73

see also feedback and complaints security of systems (CDPP), 99

Senate Legal and Constitutional Affairs Committee, 32 senior executives, 18–21

gender balance, 161

key management personnel, 132, 156 remuneration and benefits, 154–9

SES employment arrangements, 158–9 SES statistics, 148–53

sentencing, defined, 164

Serious Financial Crime Taskforce, 28 Services Australia (Centrelink), 56–7, 58, 60

sexual offences involving children, 31–4, 38

Royal Commission into, 32, 64

victim support see Witness Assistance Service

see also Human Exploitation and Border Protection practice group shipping company cartel conduct, 29

slavery, 35, see also Human Exploitation and Border Protection practice group small business participation in procurement, 105

social security offences, 56–60, see also Revenue and Benefits Fraud practice group

staff

diversity and inclusion, 155, 160–1

employment arrangements, 3, 158

ethical standards, 95–6

gender balance, 2, 148–51, 161

health and wellbeing, 94, 159–60 human resources management, 100

learning and development, 2, 61–2, 66, 98, 99 remuneration and benefits, 154–9

statistics, 2, 148–53, 155

working remotely, 1, 27, 94, 99, 100, 101, 159

staff consultation, 94, 100, 101

stakeholder engagement, 6, 28, 33, 45–6, 52, 58, 100, see also international engagement stakeholders, 91, see also partner agencies

state and territory prosecution services, 9

state/federal differences in offences and prosecutions, 48

statutory functions and powers of Director, performance outcomes, 87–8 summary prosecutions, 75, 77, 83

superannuation forfeiture, 41 surveys see satisfaction surveys

T

taking matters over, 87 Taskforce Integrity, 58

tax fraud, 28, 57, 59

complex and large‑scale see Commercial, Financial and Corruption practice group general see Revenue and Benefits Fraud practice group

Taxation Administration Act 1953, 57

Tchakerian, Berdj, 21, 29

Teece, Rebecca, 60

telemarketing, 13

terrorism matters, 50–4, 85, see also Organised Crime and Counter Terrorism practice group

tobacco importation, 46 training

CDPP staff, 61–2, 66–7, 98, 99, 159

external stakeholders, 66–7

international agencies, 67

transnational crime see Organised Crime and Counter Terrorism practice group treaties, 40

U

United Nations Office of Drugs and Crime, 46

United Nations sanctions laws, contraventions of, 50

United States Department of Justice, 52

V

victims and witnesses, 11–12, 30–5, 65–7

defined, 164

web‑based support service for, 34, 67

witness indemnities, 88

see also Witness Assistance Service

Victims of Crime Policy, 11–12, 65

Victorian Royal Commission into the Management of Police Informants, 2 video conferencing, 1, 37, 39

Vietnam, vii, 52, 67

visiting delegations, vii, 52, 67, see also international engagement

W

welfare fraud see Revenue and Benefits Fraud practice group

white collar crime prosecutions see Commercial, Financial and Corruption practice group wildlife smuggling, 43, 85

Witness Assistance Service, 11–12, 30, 34, 35, 65–7

witness indemnities, 88

witnesses’ web‑based information resources, 67

women, status of, 161, see also gender balance (CDPP staff) work health and safety practice, 39

work health and safety within CDPP, 94, 160 workers’ compensation, 160

workforce see staff

Workplace Wellbeing Program, 94, 159–60