Liaison with the Commonwealth Director of Public Prosecutions (CDPP) 110-11020010
For Intelligence and Investigations Branch staff only.
This document outlines the guidelines for seeking advice from the CDPP for fraud investigations. It outlines what advice can be given, how the request is made, and recording details on the investigation record.
The prosecution process
The CDPP is an integral part of the prosecution process. The CDPP regards the provision of ongoing advice during investigations as a valuable practice that is in the interest of both the CDPP and the Intelligence and Investigations Branch.
The CDPP will ordinarily give advice at the investigative stage where resources and priorities permit. Requests for advice at the investigative stage need to be targeted to matters of particular seriousness, complexity or sensitivity.
Advice that can be given
Advice on any questions of law that arise during the investigation of an alleged offence against Commonwealth law. In particular, advice on the identification of the elements of offence, any evidentiary issues, the requirements of a brief of evidence and any issues arising under the Prosecution Policy of the Commonwealth.
The CDPP does not provide advice on whether the CDPP would prosecute or whether prosecution would be in the public interest in certain scenarios, but can recommend investigation avenues and processes.
Legal Services Division
Services Australia Legal Services Division is also available to provide advice if it is not appropriate to consult with the CDPP. The Operational Policy Team must be consulted before independently seeking any advice, to check whether relevant legal advice has previously been provided. The Operational Policy Team will coordinate all requests for legal advice.
The Resources page contains links to Legal Services Division, CDPP and CDPP Partner Agencies website.
Related links
Prosecution charges, summons and court proceedings and result