Liaison with the Commonwealth Director of Public Prosecutions (CDPP) 110-11020010

Advice that can be given by the Commonwealth Director of Public Prosecutions (CDPP):

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.

Is it appropriate to consult with the CDPP?

• Yes, go to Step 3
• No, go to Step 2

Services Australia's Legal Services Division can provide advice if it is not appropriate to consult the CDPP.

Consult with the Operational Policy Team before seeking this advice. The Operational Policy Team will check for any relevant legal advice previously provided, and coordinate any requests for advice if required.

Record details in the investigation case management system using an appropriate activity or task.

Procedure ends here.

The CDPP does not require a formal brief of evidence to provide advice during the investigation stage. However, the CDPP normally needs a written summary of the case and copies of key documents.

All requests should be in writing (email in most cases) unless there are extraordinary circumstances in which time does not permit. If seeking verbal advice this should be recorded and confirmed.

Requests should:

• be in writing, unless timeframes do not permit
• clearly define the issues for which advice is being sought
• identify the potential offences
• provide factual background information
• outline details of the investigation to date
• include copies of any key documents
• detail any previous or other relevant advice
• suggest a timeframe for the advice to be provided
• provide contact details
• be approved by the Senior Investigator/Approver of Investigations, and
• the email request copied into the Fraud Investigation Branch - Quality Assurance and Governance team mailbox

Advice is normally sought from the appropriate regional office via email from the Fraud Investigation Branch - Quality Assurance and Governance team's positional mailbox and addressed to a senior lawyer in the regional office, such as a Principle Legal Officer.

All requests for pre brief advice from the CDPP must be copied to Business Improvement and Quality Team via the Fraud Investigation Branch - Quality Assurance and Governance team mailbox.

If an investigation crosses state/territory borders the investigators in both jurisdictions should seek advice, if practicable, from a single CDPP office. If that is not practicable, ensure that the local CDPP office is aware that another CDPP office has provided advice in the matter so there is no duplication of effort.

Update the investigation case management system using an appropriate activity or task.

Provide a copy of the advice to Fraud Investigation Branch - Quality Assurance and Governance team.

Investigators should not act contrary to the advice without first consulting the CDPP and/or the Policy Team.

As necessary, the Operational Policy Team will inform the Legal Services Division of the result of any advice sought from the CDPP and seek advice concerning the potential impact on investigation procedures.