Amanda Forrester named WA's first female DPP

                                                                      

                              Western Australia's new DPP Amanda Forrester,
                 Western Australia Attorney General John Quigley
                 and WA Governor Kerry Sanderson at Government House after the announcement
Amanda Forrester named WA's first female DPP

Tim Clarke, PerthNow April 6, 2017

http://www.perthnow.com.au/news/western-australia/amanda-forrester-named-was-first-female-dpp/news-story/d593a71c3f1359528047802c6426e44e

Mission Statement of the Office of the Director of Public Prosecutions for Western Australia

The mission of the Office of the Director of Public Prosecutions is to provide the people of Western Australia with an independent and effective criminal prosecution service which is both fair and just. The core work of the ODPP is to conduct criminal prosecutions in the Supreme and District Courts. The ODPP also conducts all appellate work flowing from those prosecutions. The ODPP manages a range of proceeds of crime matters pursuant to the Criminal Property Confiscation Act 2000 and the Misuse of Drugs Act 1981. The ODPP manages a range of committal matters at the Magistrates Court, Central Law Courts, Perth, and has jurisdiction over indictable offences triable summarily and summary offences in Magistrates Court. The ODPP assumes responsibility for the prosecution of the more serious offences in the Children's Court and has the conduct of all matters in the Drug Court that are dealt with on indictment.

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court.

After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson.

She becomes the only serving female DPP in Australia, and just the third in the country’s history.

Ms Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials.

One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC.

Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson.

Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal.

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.

Ms Forrester also had several years’ experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

“I’m proud to have appointed Ms Forrester as the first female DPP in our State’s history,” said Mr Quigley

“Ms Forrester has 20 years’ experience in complex criminal prosecutions in the Supreme and District Courts. She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

“Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community. Her role as DPP is central to the administration of the criminal justice system in our State.

http://www.theaustralian.com.au/news/latest-news/western-australia-gets-first-female-dpp/news-story/681bc1887b19a174312ecc454c1f4d28

Western Australia gets first female DPP

Australian Associated Press April 6, 2017                                             

Western Australia's first female Director of Public Prosecutions has been appointed by the new Labor government. Amanda Forrester SC had been acting in the position since November last year, after the previous DPP Joseph McGrath SC was appointed a judge of the Supreme Court of Western Australia.

Ms Forrester has 20 years' experience in the legal field, holding roles such as senior state prosecutor in WA and Crown prosecutor in Victoria and WA prior to her appointment on Thursday.

Amanda Forrester was formerly appointed the Director of Public Prosecutions (DPP) for Western Australia in April, 2017, and became the fourth Director of Public Prosecutions (DPP) for Western Australia

Perth barrister appointed WA's new DPP

Date: January 27, 2010

http://www.smh.com.au//breaking-news-national/perth-barrister-appointed-was-new-dpp-20100127-mysx.html

AAP

A "home grown" barrister has been appointed Western Australia's new Director of Public Prosecutions (DPP) after a worldwide search.

Joseph McGrath, aged 45, who has spent time as a senior assistant director to the commonwealth DPP, was described by WA Attorney-General Christian Porter as a lawyer with outstanding qualifications.

He has acted as a counsel assisting the Royal Commission into the Finance Broking Industry and the Royal Commission into the WA Police Force.

Mr McGrath replaces former DPP Robert Cock, who stepped down in July last year and was replaced - in an acting capacity - by his deputy, Bruno Fiannaca.

Mr Porter said Mr McGrath's qualifications, excellent reputation and expertise in criminal and civil law won him the job from a highly competitive field.

His degrees include Bachelor of Laws from the Australian National University and a Master of Laws from the London School of Economics.

"Mr McGrath has 20 years of varied litigation practice, with a focus on the area of complex criminal matters and law enforcement issues," Mr Porter told reporters in Perth on Wednesday.

Since 2001, Mr McGrath has worked as a barrister-at-law at Perth's Francis Burt Chambers.

He has acted as a counsel for the state and commonwealth in the WA Supreme Court and District Court in criminal trials, as well as in Federal Court criminal appeals.

"Mr McGrath also has defence counsel experience in a range of areas, including complex corporate matters such as insider trading, market manipulation and other fraud matters," Mr Porter said.

"His dedication to criminal and civil law is evident in his many memberships to committees of legal associations and standing committees in WA.

"He is currently a member of the Law Reform Commission and vice president of the WA Bar Association, as well as a member of the Ethics Committee of the Law Society of WA.

"Mr McGrath is also actively involved in educating our future legal professionals, including teaching advocacy and lecturing at the Faculty of Law at the University of Western Australia on a range of topics over the years.

"The new DPP is a well-rounded, energetic and talented lawyer with a reputation for hard work and fairness."

Mr McGrath will start his new job on Monday.

Amanda Forrester named WA’s first female DPP

APRIL 6, 2017

https://www.wbnews.info/2017/04/amanda-forrester-named-was-first-female-dpp/

Western Australia has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role. Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court. After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson. She becomes the only serving female DPP in Australia, and just the third in the country’s history. WA’s first female DPP Amanda Forrester.Picture: Mogens JohansenMs Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials. One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC. Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson. Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal. Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of…more detail

https://www.pressreader.com/australia/the-west-australian/20170407/281655369927400

Gender not main game for new DPP

The West Australian 7 Apr 2017

Amanda Forrester and WA Governor Kerry Sanderson at Government House.

Tim Clarke Legal Affairs Editor

                              

                             Amanda Forrester Western Australian new Director of Public Prosecutions and Western Australia's  Governor Kerry Sanderson at Government House.

The first woman appointed as WA’s Director of Public Prosecutions says it is not important to her that a woman has been appointed but acknowledges it could be significant for others in the legal profession.

Amanda Forrester has been acting DPP for several months after her predecessor Joe McGrath was appointed a judge of the Supreme Court.

After an interview process involving Solicitor General Peter Quinlan and Attorney-General John Quigley, Ms Forrester was sworn in by Governor Kerry Sanderson yesterday morning.

Ms Forrester is the only serving female DPP in Australia and just the third in the country’s history.

Ms Forrester said she did not see her gender as significant but admitted that as a signal to other, younger female lawyers, it could be important.

“I am very proud to have been appointed to lead a very, very dedicated team,” Ms Forrester said.

“It is nice to have a place in the history books but I don’t think it is important in the context of the job.

“It is always going to be challenging and the role of the DPP has become more pressured, more demanding and more detailed.”

Ms Forrester studied at the University of WA, where she completed her law degree in 1994 and was admitted into practice in 1996.

Before her appointment as acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions.

She became a senior counsel late last year after years of prosecuting high-profile cases, including murder trials, in WA and in the Eastern States.

Ms Forrester continued courtroom work while she was acting DPP, representing the State in this week’s appeal by convicted killer Gene Gibson.

The swearing in ceremony at Government House was held early in the morning so Ms Forrester could continue her closing submissions at the Court of Appeal.

WA welcomes new director of public prosecutions

10 April 2017 Emma Ryan

https://www.lawyersweekly.com.au/news/20894-wa-welcomes-new-director-of-public-prosecutions

The Law Society of Western Australia has announced that a new director of public prosecutions has been appointed for the state.

The Law Society of Western Australia has announced that a new director of public prosecutions has been appointed for the state.

The society has congratulated Amanda Forrester SC on her new role, saying she is a worthy choice for the position.

“Amanda Forrester SC is an experienced and highly respected member of the Western Australian legal profession and an outstanding choice as DPP,” WA Law Society president Alain Musikanth said.

“The fact that Ms Forrester is also the first female to occupy that office in Western Australia reflects a significant milestone in the history of the profession.”

Ms Forrester first joined the legal profession in 1994, having completed her law degree at The University of Western Australia.

Throughout her career, Ms Forrester has held the positions of consultant state prosecutor and senior state prosecutor at the Office of the Director of Public Prosecutions for Western Australia.

Prior to beginning her new role as director of public prosecutions for Western Australia, Ms Forrester had been acting as director of public prosecutions since November last year. She was filling the vacancy left by Joseph McGrath SC, following his appointment as a judge of the Supreme Court of Western Australia.

Appointment of New Female Director of Public Prosecutions

https://www.mediastatements.wa.gov.au/Pages/McGowan/2017/04/Appointment-of-Director-of-Public-Prosecutions.aspx

Appointment of Director of Public Prosecutions

6/04/2017 3:10 PM

 

Amanda Forrester SC has been appointed WA's Director of Public Prosecutions (DPP)

Ms Forrester is WA's first female DPP

Ms Forrester has acted in the position from November 2016, filling the vacancy left by Joseph

McGrath SC who was appointed as a judge of the Supreme Court of Western Australia

The McGowan Government has appointed Amanda Forrester SC as Western Australia's Director of Public Prosecutions.

 

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

 

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.  

 

Ms Forrester also had several years' experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

 

Comments attributed to Attorney General John Quigley:

 

"I'm proud to have appointed Ms Forrester as the first female DPP in our State's history.

 

"Ms Forrester has 20 years' experience in complex criminal prosecutions in the Supreme and District Courts.

 

"She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

 

"Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community.

 

"Her role as DPP is central to the administration of the criminal justice system in our State.

 

"I congratulate Ms Forrester on her appointment."

 

Minister's office - 6552 6800

http://www.couriermail.com.au/news/national/amanda-forrester-named-was-first-female-dpp/news-story/d593a71c3f1359528047802c6426e44e

 Governor Kerry Sanderson at Government House after the announcement.

Amanda Forrester named WA's first female DPP

Tim Clarke, PerthNow April 6, 2017

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court.

After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson.

She becomes the only serving female DPP in Australia, and just the third in the country’s history.

Ms Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials.

One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC.

Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson.

Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal.

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.

Ms Forrester also had several years’ experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

“I’m proud to have appointed Ms Forrester as the first female DPP in our State’s history,” said Mr Quigley

“Ms Forrester has 20 years’ experience in complex criminal prosecutions in the Supreme and District Courts. She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

“Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community. Her role as DPP is central to the administration of the criminal justice system in our State.

Originally published as Forrester named WA's first female DPP

http://au.thenet24h.com/story/community-app-victoria-western-australia-entertainment-home-printed-media-news-western

Forrester Named WA's First Female DPP

 Thu, 04/06/2017 - 10:09 by PerthNow  2 comments  1 share  report

MAKING HISTORY: WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role. http://trib.al/BCQqZMN

https://www.lawsocietywa.asn.au/media-centre/

Law Society congratulates Amanda Forrester SC on appointment as Director of Public Prosecutions

The Law Society of Western Australia warmly congratulates Amanda Forrester SC on her appointment as Director of Public Prosecutions (DPP) for Western Australia.

Law Society President Alain Musikanth said, “Amanda Forrester SC is an experienced and highly respected member of the Western Australian legal profession and an outstanding choice as DPP. The fact that Ms Forrester is also the first female to occupy that office in Western Australia reflects a significant milestone in the history of the profession.”

Ms Forrester studied at The University of Western Australia, completing her law degree in 1994. Ms Forrester is a former member of the Law Society, having first joined in May 1996.

Ms Forrester has been Acting Director of Public Prosecutions since November 2016, filling the vacancy left by Joseph McGrath SC (as His Honour then was) upon his appointment as a justice of the Supreme Court of Western Australia.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions in Western Australia.

– ENDS –

For comment please contact:

Andrew MacNiven
Media and Communications Officer
(08) 9324 8634
amacniven@lawsocietywa.asn.au

Overview of the Year in Brief the 2004/05 financial year

 The Year in Brief The 2004/05 financial year has been one of growth and adjustment to the raft of legislative reforms that have been implemented in the administration and content of the criminal law. The internal administrative structures of the office have been reviewed, and legal practices and procedures strengthened, enabling the office to give full effect to the new modernised and consolidated criminal justice system in Western Australia. This year, the Costing and Workflow Project Group was formed to conduct a review of the operational workflow of the office in order to ascertain the way in which our practice structures align with the criminal justice environment; and how those structures might be adjusted to improve delivery of service to the community. The Review focused on internal operational processes, particularly the carriage and control of matters by prosecutors and the administrative support of paralegal staff, as well as the fusion of the office and its major stakeholders. New positions have been created within the office to cater for expanding workflow, such as the position of Director of Corporate Services, which was set up to support the business administration aspect of the office. The ODPP is currently exploring new IT initiatives, such as the possibility of linking the Western Australia Police and the Court IT systems in order to streamline processes and facilitate earlier notification of incoming workload. Early in this reporting year, the Sentencing Team was created with a view to increasing our efficiency in dealing with all sentencing matters. This initiative included a small team of paralegal staff supporting 5 counsel specialising in sentencing matters before the Supreme and District Courts. The dedicated specialist role of this team has demonstrated an increase in quality and efficiency of service to courts, victims of crime and the Police. In addition, the increased and focused participation in other specialised courts, such as the Drug Court, has enabled the ODPP to participate more effectively in therapeutic jurisprudence practices. Established in April 2004, the Kalgoorlie Pilot Project has achieved greater efficiency for prosecutions on circuit by developing and implementing strategies to address the challenges that arise from the difficult logistics of regional Western Australia. Increased dedication of professional resources to the area, as well as the development of circuit specific protocols and procedures have resulted in a more efficient and effective prosecution service in Kalgoorlie. It is envisaged that the Project will continue and will be adapted for implementation in other regional centres. The ODPP/Western Australia Police Liaison Committee continues to be an effective and efficient means of communication between the two agencies. Regular Committee meetings identify and resolve issues relating to the professional relationship between the two agencies, as well as their interaction with other major stakeholders, in order to ensure that each agency compliments the other and to improve service to the community whilst retaining the separate and distinct functions of criminal investigation and prosecution. The flurry of legislative activity this year and the necessary adjustments flowing from it have been a challenge for the office, necessarily adapting and adjusting to the new administrative structures of the criminal justice system. One particular challenge arises out of the enactment of the Criminal Procedure Act 2004, which necessitated changes to old practices and terminologies and brought the procedure for the summary jurisdiction into line with those in the superior courts. The office continues to play a key role in discussion with government agencies in the preparation of further reforms on areas including sexual assault, DNA evidence, and confiscation laws. The Confiscations Unit has experienced growth and expansion over 2004/05, taking on new staff and strengthening communications with the ODPP indictment teams and the Western Australia Police Proceeds of Crime Squad. Confiscations have reported an increased output over the last reporting year, achieving a significant overall increase in payments into the Confiscation Proceeds Account. Throughout the year, the Training and Education Committee has been involved in the preparation of seminars and workshops for legal and non-legal staff, recognising the importance of continued legal and para-legal education, especially in light of internal restructures and recent legislative activity. The ODPP is currently revising and updating its complaints policy procedure. This task, in accordance with the whole of government complaints management strategy, has its objectives in increasing community awareness and access to complaints mechanisms, and monitoring and evaluating feedback in such a way as to ensure that service delivery is improved in line with the interests of stakeholders. The development and improvement of our organisation is a continuous process, accentuated this year by a focused workflow and performance review. These measures were  conducted to ensure that our office operates efficiently and effectively with the criminal justice system in which it operates. I am encouraged by the enthusiasm of my staff in participating in reviews and receiving new initiatives and I am confident of the value of those measures in improving the service that this office provides to the community.

http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3711027a5d4a60153d48321c482570b50083abc3/$file/public+prosecutions+-+director+ar+2004-05.pdf

Office of the Director of Public Prosecutions for WESTERN AUSTRALIA Annual Report 2004/05

Office of the Director of Public Prosecutions for WESTERN AUSTRALIA Proceeds Of Crime Extraditions 26

POLICY AND LEGISLATIVE REFORM 27

STAFF INVOLVEMENT IN EXTERNAL COMMITTEES 31

HUMAN RESOURCES AND HUMAN RESOURCE MANAGEMENT 32

CORPORATE SERVICES AND INITIATIVES 38

PUBLICATIONS 42

RELATIONS WITH THE ATTORNEY GENERAL 43

FINANCIAL MATTERS 44

INTRODUCTION TO KPI’S AND FINANCIAL STATEMENTS 45

Key Performance Indicators 49

Financial Statements 56

Contents

STATEMENT OF COMPLIANCE 3

MISSION STATEMENT 4

OVERVIEW: THE YEAR IN BRIEF 5

DIRECTORS LEGAL PRACTICE 8

Glossary 9 Magistrates Court 10

District Court 11

Supreme Court 13

Appeals 18

Drug Court 20

Children’s Court 20

Proceeds Of Crime 23

Extraditions 26

POLICY AND LEGISLATIVE REFORM 27

STAFF INVOLVEMENT IN EXTERNAL COMMITTEES 31

HUMAN RESOURCES AND HUMAN RESOURCE MANAGEMENT 32

CORPORATE SERVICES AND INITIATIVES 38

PUBLICATIONS 42 RELATIONS WITH THE ATTORNEY GENERAL 43

FINANCIAL MATTERS 44

INTRODUCTION TO KPI’S AND FINANCIAL STATEMENTS 45

Key Performance Indicators 49 Financial Statements 56

ROBERT COCK QC Director of Public Prosecutions Chief Executive Officer Accountable Officer

Statement Of Compliance In accordance with s.62 of the Financial Administration and Audit Act 1985 and with s.32 of the Director of Public Prosecutions Act 1991, I hereby submit for the information of the Attorney General and presentation to Parliament, the Report of the Office of the Director of Public Prosecutions for the period ending 30 June 2005. The report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985. In accordance with s.31(1) of the Public Sector Management Act 1994, I also report that there has been compliance with public sector standards and codes of ethics.

Mission Statement of the Office of the Director of Public Prosecutions for Western Australia

Mission Statement The mission of the Office of the Director of Public Prosecutions is to provide the people of Western Australia with an independent and effective criminal prosecution service which is both fair and just. The core work of the ODPP is to conduct criminal prosecutions in the Supreme and District Courts. The ODPP also conducts all appellate work flowing from those prosecutions. The ODPP manages a range of proceeds of crime matters pursuant to the Criminal Property Confiscation Act 2000 and the Misuse of Drugs Act 1981. The ODPP manages a range of committal matters at the Magistrates Court, Central Law Courts, Perth, and has jurisdiction over indictable offences triable summarily and summary offences in Magistrates Court. The ODPP assumes responsibility for the prosecution of the more serious offences in the Children's Court and has the conduct of all matters in the Drug Court that are dealt with on indictment.

Overview:

The Year in Brief The 2004/05 financial year has been one of growth and adjustment to the raft of legislative reforms that have been implemented in the administration and content of the criminal law. The internal administrative structures of the office have been reviewed, and legal practices and procedures strengthened, enabling the office to give full effect to the new modernised and consolidated criminal justice system in Western Australia. This year, the Costing and Workflow Project Group was formed to conduct a review of the operational workflow of the office in order to ascertain the way in which our practice structures align with the criminal justice environment; and how those structures might be adjusted to improve delivery of service to the community. The Review focused on internal operational processes, particularly the carriage and control of matters by prosecutors and the administrative support of paralegal staff, as well as the fusion of the office and its major stakeholders. New positions have been created within the office to cater for expanding workflow, such as the position of Director of Corporate Services, which was set up to support the business administration aspect of the office. The ODPP is currently exploring new IT initiatives, such as the possibility of linking the Western Australia Police and the Court IT systems in order to streamline processes and facilitate earlier notification of incoming workload. Early in this reporting year, the Sentencing Team was created with a view to increasing our efficiency in dealing with all sentencing matters. This initiative included a small team of paralegal staff supporting 5 counsel specialising in sentencing matters before the Supreme and District Courts. The dedicated specialist role of this team has demonstrated an increase in quality and efficiency of service to courts, victims of crime and the Police. In addition, the increased and focused participation in other specialised courts, such as the Drug Court, has enabled the ODPP to participate more effectively in therapeutic jurisprudence practices. Established in April 2004, the Kalgoorlie Pilot Project has achieved greater efficiency for prosecutions on circuit by developing and implementing strategies to address the challenges that arise from the difficult logistics of regional Western Australia. Increased dedication of professional resources to the area, as well as the development of circuit specific protocols and procedures have resulted in a more efficient and effective prosecution service in Kalgoorlie. It is envisaged that the Project will continue and will be adapted for implementation in other regional centres. The ODPP/Western Australia Police Liaison Committee continues to be an effective and efficient means of communication between the two agencies. Regular Committee meetings identify and resolve issues relating to the professional relationship between the two agencies, as well as their interaction with other major stakeholders, in order to ensure that each agency compliments the other and to improve service to the community whilst retaining the separate and distinct functions of criminal investigation and prosecution. The flurry of legislative activity this year and the necessary adjustments flowing from it have been a challenge for the office, necessarily adapting and adjusting to the new administrative structures of the criminal justice system. One particular challenge arises out of the enactment of the Criminal Procedure Act 2004, which necessitated changes to old practices and terminologies and brought the procedure for the summary jurisdiction into line with those in the superior courts. The office continues to play a key role in discussion with government agencies in the preparation of further reforms on areas including sexual assault, DNA evidence, and confiscation laws. The Confiscations Unit has experienced growth and expansion over 2004/05, taking on new staff and strengthening communications with the ODPP indictment teams and the Western Australia Police Proceeds of Crime Squad. Confiscations have reported an increased output over the last reporting year, achieving a significant overall increase in payments into the Confiscation Proceeds Account. Throughout the year, the Training and Education Committee has been involved in the preparation of seminars and workshops for legal and non-legal staff, recognising the importance of continued legal and para-legal education, especially in light of internal restructures and recent legislative activity. The ODPP is currently revising and updating its complaints policy procedure. This task, in accordance with the whole of government complaints management strategy, has its objectives in increasing community awareness and access to complaints mechanisms, and monitoring and evaluating feedback in such a way as to ensure that service delivery is improved in line with the interests of stakeholders. The development and improvement of our organisation is a continuous process, accentuated this year by a focused workflow and performance review. These measures were  conducted to ensure that our office operates efficiently and effectively with the criminal justice system in which it operates. I am encouraged by the enthusiasm of my staff in participating in reviews and receiving new initiatives and I am confident of the value of those measures in improving the service that this office provides to the community.

The Director’s Legal Practice The Director of Public Prosecutions is responsible for the prosecution of all accused persons charged with indictable state offences in Western Australia’s superior courts. In addition, the Office of the Director of Public Prosecutions (ODPP) has become increasingly involved in the Children’s Court, Magistrates and Drug Courts.

To undertake this work, State Prosecutors employed by the ODPP have the carriage of, and appear on matters, in each of the courts of criminal jurisdiction across the state.

 These include the Magistrates Court in Perth, the District Court, the Children’s Court and Supreme Court - in Perth and in regional centres, the Court of Appeal and the High Court of Australia. The Director also has responsibility for the forfeiture and confiscation of assets and other proceeds of crime. This allied and expanding civil practice is primarily undertaken in the Supreme Court and on occasions in the District, Family and Magistrates Courts.

This report highlights the major achievements and activities of the Director’s staff in delivering a prosecutorial service to the people of Western Australia during 2004/05. As foreshadowed in previous years’ annual report, new interrogation software has been introduced to the office. This software has enabled more sophisticated and accurate reporting from the ODPP’s practice management database.

 While some anomalies in historical data collection have now been confirmed, the historical data has been included to facilitate comparative analysis and trends over time. Updated statistical information has also been provided in an identical form to that of previous years’ reports to enable meaningful comparisons.

Glossary Adjournment means that the matter is postponed to a later date or time

A Bench Warrant is a written authorisation (warrant) issued by a judicial officer for the arrest of a person.

Prosecution Notice is the process by which a matter is commenced in the Magistrates Court.

An Accused is a person alleged in a prosecution notice or indictment to have committed an offence. The term accused has been consistently used throughout the annual report.

A Fast Track (otherwise known as an expedited committal) occurs where the accused pleads guilty at the earliest opportunity and is committed to the relevant superior court for sentence.

Hung Jury means a jury which cannot reach a unanimous verdict or, where permitted by law, a majority verdict.

An Indictment is a written charge of an indictable offence presented in the Supreme or District Court in order that the person be tried by that court.

Mistrial is a trial which has been aborted by an order of a judge due to some legal or procedural irregularity and that may give rise to the trial being recommenced at a later point in time.

 Notice of Discontinuance is the formal document presented to the court, which discontinues a prosecution. PG means a plea of guilty by the accused.

 PNG means a plea of not guilty by the accused. As a result, the accused exercises his or her right to put the State to proof on the alleged offences.

 Pre-recording is the process by which the evidence of a child or vulnerable witness is recorded on videotape prior to the actual trial.

Sentence means the penalty imposed by the court for an offence. Status Hearing is an appearance in a superior court to determine the progress of a matter in preparation for actual trial. A Trial is a court hearing whereby factual and legal issues are examined by a judge and/or jury to determine an accused’s guilt or innocence.

Above: John Roderick McKechnie QC was the first first Director of Public Prosecutions for Western Australia

Western Australian Legislation

Director of Public Prosecutions Act 1991

https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_266_homepage.html

Act No: 012 of 1991 As Passed: Director of Public Prosecutions Act 1991 Portfolio: Attorney General

Date of Assent: 21^st June 1992 Agency Created: Director of Public Prosecutions for Western Australia

John Roderick McKechnie QC was the first first Director of Public Prosecutions for Western Australia

John Roderick McKechnie QC (born 1 November 1950) is a Justice of the Supreme Court of Western Australia, the highest ranking court in the Australian State of Western Australia.
John Roderick McKechnie QC previously served as the State's first Director of Public Prosecutions for Western Australia. 

John Roderick McKechnie QC attended  Scotch College from 1963 until 1967, then graduated in law  from the University of Western Australia in 1972. He then took articles with Jackson McDonald & Co, before joining the Crown Law Department. He became a Queens Councel  in 1989, and then in December 1991 was appointed by the Government of Western Australia  as the state's first Director of Public Prosecutions. During his eight-year term in this role, the Department processed on average 2,500 prosecutions per year

On 2 March 1999, John Roderick McKechnie QC was sworn in as a justice of the Supreme Court of Western Australia.

Director of Public Prosecutions for the State of Western Australia from 1991 to 1999. 

John Roderick McKechnie QC  was  in office as the Director of Public Prosecutions for Western Australia from December 1991 – 1 March 1999

Supreme Court Justice John McKechnie slams Perth’s ‘toxic’ drug culture

http://www.news.com.au/national/western-australia/supreme-court-justice-john-mckechnie-slams-perths-toxic-drug-culture/news-story/68cb45638e6b241a32452284319df7f7

ONE of the WA’s top judges has hit out the “toxic” drug culture hidden beneath Perth’s “pleasant and attractive” landscape.

Supreme Court Justice John McKechnie made the comments this week during the sentencing of four people involved in a group slaying – three who were high on methamphetamines at the time of the crime.

“This trial has given an insight into a drug culture within Perth which is troubling and probably pervasive,” he said.

“Perth may look pleasant and attractive to visitors on the outside, but underneath there lurks a toxic culture.”

Justice McKechnie said little has been acheived in the war against drugs in the past two decades.

“In 1994, I was widely quoted as saying that Perth was awash with amphetamine,” he said.

“Twenty years on, the only amendment to that statement would be to add the words ‘and methamphetamine’.

“Perth truly is awash with methamphetamine.”

Justice McKechnie spoke out at the sentencing of Tamara Kathleen Broadbent on Tuesday, who was convicted of murdering her former partner David Blenkinsopp in 2012.

Broadbent, Gary David Young and Damien Paul Kosick were found guilty of murdering Mr Blenkisopp.

Broadbent’s new boyfriend Kym Steven Foster was also found guilty of manslaughter

Broadbent, Kosick and Foster had all been using methamphetamine on the night of the killing and all four had been drinking alcohol.

“In the evidence of this trial, large groups of adults seem to earn money legally and illegally for the main purpose of partying on with amphetamine,” Justice McKechnie said.

“Small wonder that crimes like this occur.”

Attorney-General Michael Mischin said there was no simple solution to drug crimes.

“I do not ascribe to the idea of a ‘war’ on drugs,” he said.

“Wars can end through either the defeat of one side, or negotiation.

“The criminal law can only set standards of conduct that will be punished if disregarded.”

Mr Mischin said the Barnett Government continued to pursue strategies that discouraged illicit drug abuse by punishing those who make, traffic, or profit from drugs and rehabilitating addicts.

“Education campaigns, the Mental Health and Drug Diversion courts, and other rehabilitation programs are some of the strategies this government is pursuing in relation to the first and third objectives,” he said.

“While the seizure of criminally-obtained or criminally-used assets, and significant penalties for drug offenders are how the courts are targeting the second.”

Originally published as Judge slams ‘toxic’ drug underbelly

Robert Cock was the second Director of Public Prosecutions (DPP) for Western Australia from March 1999 to July 2009.

Robert Cock was replaced initially in acting capacity by his deputy Bruno Fiannaca.

Robert Cock QC appointed chair of Prisoners Review Board

Todd Cardy, PerthNow March 26, 2012

http://www.perthnow.com.au/news/robert-cock-qc-appointed-chair-of-prisoners-review-board/news-story/d0416daf6deab0efcbeca8dfc9c5dd9b

FORMER Director of Public Prosecutions Robert Cock has been named as WA’s newest parole board chief.

Mr Cock, who stepped down as the state’s top prosecutor in 2009, has been appointed as chair of Prisoners Review Board on a three-year contract that begins immediately, Attorney-General Christian Porter announced today. 

Mr Cock, a QC, replaces outgoing chairwoman Narelle Johnson. PerthNow revealed last week that Justice Johnson suffered a cerebral aneurism and collapsed on March 4, just weeks before her three-year tenure as board chairwoman was due to end.

She was due to rejoin the Supreme Court today, but remains in hospital for treatment. 

“Justice Johnson has done a tremendous job in the role during the last three years,” Mr Porter said. “I send Justice Johnson and her family the State Government’s best wishes for a fast and full recovery.”

In his new role as both the chair of the Prisoners Review Board and Mentally Impaired Accused Review Board, Mr Cock is responsible for all decisions about prisoners’ release on parole. He will also become a judge of the District Court.

“Mr Cock is an outstanding lawyer with extensive experience in criminal and public law as well as in public administration,” Mr Porter said. “He is very well suited for these positions.”

Mr Cock was the state’s DPP from 1999 to 2009. Since then, he has worked as Special Counsel to the Premier’s Office. He was admitted as a legal practitioner in 1979 and previously worked in the Crown Solicitor’s Office.

Robert Cock discusses his time as DPP - ABC

http://www.abc.net.au/stateline/wa/content/2006/s2629488.htm

FRANCES BELL, PRESENTER: This week the Premier confirmed the news the state's legal community had been expecting for months. The Director of Public Prosecutions, Robert Cock, is moving on after 10 years at the helm. 

Next month he will take on the newly created role of special counsel to the State Government. His brief is to oversee the reform of the public sector, widen the powers of the Corruption and Crime Commission and finalise legislation governing lobbyists. 

But is he a man comfortable with his legacy? I caught up with Robert Cock late today.

Robert Cock, welcome to Stateline.

ROBERT COCK QC, DIRECTOR OF PUBLIC PROSECUTIONS: Thank you very much.

FRANCES BELL: Two weeks from today you will be walking out of your office for the last time. How do you want your 10 years in the job to be remembered?

ROBERT COCK QC: I'd like to be remembered as a person of innovation. I would like to be remembered for the legacy I've left with the office in its present state. That is a vibrant office, staffed with some very talented young lawyers in particular, with some very good systems in place to ensure that we properly process files. And really people to think that I was dedicated to my role and really saw the professionalism of the office as a whole rather than my own personal circumstances being my paramount consideration.

FRANCES BELL: One of the biggest criticisms of your tenure was the handling of the Andrew Mallard case. Do you accept now that challenging his High Court appeal was a mistake?

ROBERT COCK QC: No. Even in that proceeding before the High Court, the High Court itself, although it upheld the appeal against conviction, it ordered a retrial. So the evidence even at that time was sufficiently strong to have the High Court take the view that a retrial was appropriate and with the case of a man who's already spent 12 years in jail that's an extraordinary decision for the High Court to come to.

FRANCES BELL: Your office also knew there were some inconsistencies with the evidence particularly relating to the murder weapon. Do you accept there were some failures from the DPP's office at least that led to this injustice that occurred?

ROBERT COCK QC: There is no doubt that the office of the DPP back in 1995 failed Andrew Mallard. There is no doubt that the case was badly prosecuted and there were errors by both the police and prosecutor. But those errors weren't enough even in the High Court's view, to suggest the man should not have been tried in the High Court itself.

FRANCES BELL: You then decided not to go ahead with that retrial but on that same day you said Andrew Mallard was still a prime suspect in the case. You've since said you regret that. Does that regret come from being proven wrong or for the impact it had on Mr Mallard?

ROBERT COCK QC: No, it was the latter. It was the impact on Andrew Mallard of my comments. The public nature of them is what I think deeply upset him and his family in particular. It was true to say that he was then the prime suspect but that was a matter that could have been dealt with privately between me and his solicitor and I acknowledge it was insensitive to have said so publicly.

FRANCES BELL: Why did you do it?

ROBERT COCK QC: I said so publicly because I felt if there was to be a retrial at some later stage if I hadn't explained it was the prospect of him being retried. I felt it was fundamental that I actually advise Mr Mallard that at that time at least that it was felt there may have been an investigation into him and possibly another trial.

FRANCES BELL: Is that statement something you still think about and worry about?

ROBERT COCK QC: No I've made my apology to Mr Mallard about that. I have my reasons for saying it was an appropriate thing to do and I acknowledge I shouldn't have done so publicly. But that is the extent of my regret and as I say I can do no more than acknowledge my error and never repeat such an error. I've never done so again.

FRANCES BELL: The CCC's misconduct opinions against Ken Bates who was the prosecutor in the Mallard case remain unresolved and his future lies in the hands of the legal practice board. Why didn't you stand him aside during this disciplinary process like the Police Commissioner did with his two senior police officers in this CCC matter?

ROBERT COCK QC: When I reviewed the work of Mr Bates in 2002, which is when he first brought to my attention to the fact that he had failed to disclose some very important evidence to the defence, I reflected on his career at the time and the commitment he was then showing me. 

Mr Bates was very professional. It was he who brought to my attention the fact that he regretted and found that he had not in fact disclosed some relevant material. I thought the honesty that he showed in bringing that to my attention when he didn't have to - he could have hidden it away or something. I thought his honesty was so reflective of the person I knew him to be that I could confidently use his work in my office and that's proved to be a right judgment in my opinion.

FRANCES BELL: Did your loyalty to him, though, blind you in your decision-making process there? Because there's a perception that someone has misconduct opinions against them and they're still being allowed to do the job that they're doing?

ROBERT COCK QC: I don't think there was any particular blinding of my judgment. Mr Bates in fact provided to the Anti-Corruption Commission voluminous dossier of support of his profession from both the judges and defence lawyers and it certainly appears to be the case now that Mr Bates is held in quite high regard by the legal profession. 

I don't know what the position with the two police officers is but so far as Mr Bates was concerned all advice I received both from within my office and externally and from the judiciary was in support of him.

FRANCES BELL: You've said this week that you wanted to stay in your job for another two years. Did you feel pressured to leave?

ROBERT COCK QC: No when I reflect on it and it wasn't a mechanism where I could stay two more years and I must say the new opportunity that's been offered to me is very exciting and I'm really keen to get on to it.

FRANCES BELL: On that new opportunity, one of your big jobs in this new role will be widening the powers of the CCC. What areas of reform do you think are needed there?

ROBERT COCK QC: The Corruption and Crime Commission is presently constrained in its operations to corruption involving public officers.

So they can look at corruption in the non-public sector but only if there's a public servant or public employee also involved. That's severely inhibits their capacity to look at organised crime and major offences that are obviously happening in our state. 

So I think it's fundamentally important to that very powerful organisation, very powerful processes and also as I understand it a lot of good staff and equipment that they be given the authority to look at crime that's not necessarily connected to a public servant.

FRANCES BELL: On a personal note, your battle with throat cancer has been well documented. How has it changed your outlook on life?

ROBERT COCK QC: Since I started my battle with throat cancer in 2002 I've really reflected carefully on what I wanted to achieve from my life both professionally and personally and been much more enthusiastic, I think, in going down a direction which has realistic benefits and outcomes for me than perhaps before. I may not have had such a clear direction.

FRANCES BELL: Robert Cock, thanks for joining Stateline.

ROBERT COCK QC: Very welcome.

http://www.watoday.com.au/wa-news/340000ayear-role-a-thankless-job-20090714-djyo.html

Robert Cock was replaced initially in acting capacity by his deputy Bruno Fiannaca.

$340,000-a-year role a 'thankless' job

Joseph Sapienza

http://www.watoday.com.au/wa-news/340000ayear-role-a-thankless-job-20090714-djyo.html

$340,000-a-year role a 'thankless' job

The newly-vacated position of Director of Public Prosecutions is a "thankless" job that comes with a lot of stress and pressure, according to a prominent Perth lawyer.

Earlier this week, Premier Colin Barnett said Robert Cock QC was stepping down from the position he has held for the past decade to take on a new role as special counsel to the State Government.

 

It is understood Attorney-General Christian Porter will be casting the net far and wide to find a suitable replacement for an unenviable job that comes with its fair share of scrutiny and pressure - despite the reported $340,000 a year salary.

Late yesterday afternoon, a spokeswoman for Mr Cock said senior prosecutor Bruno Fiannaca had accepted the temporary role of DPP.

"Bruno is happy and honoured to accept the opportunity to again act as DPP," she said, in reference to when Mr Fiannaca acted in the position for a month after last Christmas when Mr Cock was on annual leave.

However, Mr Cock "does not think it is his place to speculate on the identity or source of his successor", she said.

One legal source, who agreed to speak on the condition of anonymity, said regardless of where the new DPP came from, the successful applicant would be getting themselves into a high-pressure environment who would not be able to please everyone with their decisions.

"I don't think where (the new person) comes from is important," the lawyer said.

"If you have local people you know their reputation, integrity and they are tried and tested.

"The position is such a political position with lots of stress and pressure (and) not many people would want that kind of position. It's a thankless job."

The lawyer then rattled off some of the key criteria Mr Cock's replacement must have in tow if they are to hold down the DPP fort on St Georges Terrace.

"(The new DPP) must have unquestioned integrity, standing, fair play, and a reputation to make the right decision and to stand by that decision and not give into political or community pressure," the legal source said.

"You cannot please everyone all the time."

WA Law Society president Dudley Stow acknowledged it was a "big job for someone to take on" but he was pleased that Mr Cock was moving onto new challenges.

He believed Mr Porter - with his previous experience in the law - was well-equipped to make the right selection that would meet the rigorous demands of the justice system.

But Mr Stow did not expect the permanent position to be filled by a local.

"The DPP has got to be adequately resourced and and led with high legal and good management skills, and that person may be here, but I suspect possibly not," he said.

"I wouldn't object to someone from the eastern states or overseas, but it might be difficult to attract an overseas candidate. 

"We as a society are very pleased there will be a new person appointed. I think Mr Cock has been there for 10 years and that's long enough."

Mr Stow said the DPP needed to be "refreshed" with new skills, leadership, ideas and thoughts, adding "it was time for Robert to move on".

Former deputy police commissioner Murray Lampard - who has worked closely with Mr Cock in the past - was full of praise for the outgoing DPP and he defended his handling of the Andrew Mallard affair.

Professor Lampard, who is now professor of public safety with Edith Cowan University, said Mr Cock had "enormous integrity and ethics" and he also showed great compassion and understanding for victims of crime.

"He has always tried to continually improve the justice system to make sure the standards for carriage of justice are high," Professor Lampard said.

"I congratulate him on an excellent career."

On the DPP's involvement in the wrongful imprisonment of Mr Mallard, the academic said attracting criticism was always part of the job when people were in such high office.

"But decisions that Robert Cock makes are always underpinned by integrity and ethics and he believes he has made the right decisions in those instances," he said.

"It's always healthy to move on and let someone else take the reins. He did a very good job while he was there and I'm really pleased for him that he is semi-retiring.

"He has shown enormous courage fighting serious throat cancer, he has soldiered on and showed great courage under very dire circumstances.

"I'm pleased he's done fantastic public service."

 

DPP Robert Cock to step aside

Chalpat Sonti

 

http://www.watoday.com.au/wa-news/dpp-robert-cock-to-step-aside-20090713-diko.html

 

JULY 13 2009

Director of Public Prosecutions Robert Cock is to step down from the job he has held for nearly 10 years, in a reshuffle that will see another high-profile bureaucrat shunted from her position.

But the Government has yet to talk to the man slated to fill in for Mr Cock, hoping he will accept the role when they ask him today.

The outspoken Mr Cock will take on a new role as special counsel to the Government, Premier Colin Barnett said today.

Mr Cock's deputy, Bruno Fiannaca, will be approached to take over as acting head of the DPP while a worldwide search is conducted for a permanent replacement.

However, Attorney-General Christian Porter conceded he was unsure if Mr Fiannaca would accept.

"Bruno will be spoken to today about his willingness to act as acting director," Mr Porter said.

"I would envisage his response would be yes."

Mr Barnett said Mr Cock would have three key aims in his new role, which would last up to 18 months.

One would be to oversee a merging of the positions of public service commissioner and public service standards commissioner, at present held by Mal Wauchope and Ruth Shean respectively.

Dr Shean was appointed by former Premier Alan Carpenter in 2007, but Mr Barnett said both jobs overlapped and it was "logical" to merge them into one.

Dr Shean would eventually "hopefully take up a very senior role in the public service", he said.

"I would suggest she is capable of leading one of the very major government departments."

Mr Cock would also oversee long-flagged changes to widening the powers of the Corruption and Crime Commission, to ensure it focused more on organised crime.

He would also finalise legislation dealing with lobbyists. Mr Cock will begin his new role once an acting director is appointed.
  

Amanda Forrester was formerly appointed the Director of Public Prosecutions (DPP) for Western Australia in April, 2017, and became the fourth Director of Public Prosecutions (DPP) for Western Australia

Perth barrister appointed WA's new DPP

Date: January 27, 2010

http://www.smh.com.au//breaking-news-national/perth-barrister-appointed-was-new-dpp-20100127-mysx.html

AAP

A "home grown" barrister has been appointed Western Australia's new Director of Public Prosecutions (DPP) after a worldwide search.

Joseph McGrath, aged 45, who has spent time as a senior assistant director to the commonwealth DPP, was described by WA Attorney-General Christian Porter as a lawyer with outstanding qualifications.

He has acted as a counsel assisting the Royal Commission into the Finance Broking Industry and the Royal Commission into the WA Police Force.

Mr McGrath replaces former DPP Robert Cock, who stepped down in July last year and was replaced - in an acting capacity - by his deputy, Bruno Fiannaca.

Mr Porter said Mr McGrath's qualifications, excellent reputation and expertise in criminal and civil law won him the job from a highly competitive field.

His degrees include Bachelor of Laws from the Australian National University and a Master of Laws from the London School of Economics.

"Mr McGrath has 20 years of varied litigation practice, with a focus on the area of complex criminal matters and law enforcement issues," Mr Porter told reporters in Perth on Wednesday.

Since 2001, Mr McGrath has worked as a barrister-at-law at Perth's Francis Burt Chambers.

He has acted as a counsel for the state and commonwealth in the WA Supreme Court and District Court in criminal trials, as well as in Federal Court criminal appeals.

"Mr McGrath also has defence counsel experience in a range of areas, including complex corporate matters such as insider trading, market manipulation and other fraud matters," Mr Porter said.

"His dedication to criminal and civil law is evident in his many memberships to committees of legal associations and standing committees in WA.

"He is currently a member of the Law Reform Commission and vice president of the WA Bar Association, as well as a member of the Ethics Committee of the Law Society of WA.

"Mr McGrath is also actively involved in educating our future legal professionals, including teaching advocacy and lecturing at the Faculty of Law at the University of Western Australia on a range of topics over the years.

"The new DPP is a well-rounded, energetic and talented lawyer with a reputation for hard work and fairness."

Mr McGrath will start his new job on Monday.

WA DPP Joseph McGrath appointed judge in Supreme Court

AAP November 9, 2016 

http://www.perthnow.com.au/news/western-australia/wa-dpp-joseph-mcgrath-appointed-judge-in-supreme-court/news-story/5e06cd02793b9a6a65ce9ed8c53fda32

WA Director of Public Prosecutions Joseph McGrath has been appointed a judge of the WA Supreme Court.

Attorney General Michael Mischin said Mr McGrath had more than 20 years’ experience as a litigator and almost seven years as the DPP.

Mr McGrath’s appointment to the WA Supreme Court will fill the vacancy left by the retirement of Justice Ralph Simmonds earlier this year.

Senior prosecutor Amanda Forrester will act as the DPP until the position is advertised.

http://www.theaustralian.com.au/news/latest-news/western-australia-gets-first-female-dpp/news-story/681bc1887b19a174312ecc454c1f4d28

WA DPP Joseph McGrath appointed judge in Supreme Court

AAP November 9, 2016 

 

http://www.perthnow.com.au/news/western-australia/wa-dpp-joseph-mcgrath-appointed-judge-in-supreme-court/news-story/5e06cd02793b9a6a65ce9ed8c53fda32

WA Director of Public Prosecutions Joseph McGrath has been appointed a judge of the WA Supreme Court.

Attorney General Michael Mischin said Mr McGrath had more than 20 years’ experience as a litigator and almost seven years as the DPP.

Mr McGrath’s appointment to the WA Supreme Court will fill the vacancy left by the retirement of Justice Ralph Simmonds earlier this year.

Senior prosecutor Amanda Forrester will act as the DPP until the position is advertised.

 

http://www.theaustralian.com.au/news/latest-news/western-australia-gets-first-female-dpp/news-story/681bc1887b19a174312ecc454c1f4d28

Western Australia gets first female DPP

Australian Associated Press April 6, 2017                                             

Western Australia's first female Director of Public Prosecutions has been appointed by the new Labor government. Amanda Forrester SC had been acting in the position since November last year, after the previous DPP Joseph McGrath SC was appointed a judge of the Supreme Court of Western Australia.

Ms Forrester has 20 years' experience in the legal field, holding roles such as senior state prosecutor in WA and Crown prosecutor in Victoria and WA prior to her appointment on Thursday.

Amanda Forrester named WA’s first female DPP

APRIL 6, 2017

https://www.wbnews.info/2017/04/amanda-forrester-named-was-first-female-dpp/

Western Australia has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role. Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court. After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson. She becomes the only serving female DPP in Australia, and just the third in the country’s history. WA’s first female DPP Amanda Forrester.Picture: Mogens JohansenMs Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials. One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC. Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson. Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal. Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of…more detail

 

https://www.pressreader.com/australia/the-west-australian/20170407/281655369927400

Gender not main game for new DPP

The West Australian 7 Apr 2017

Amanda Forrester and WA Governor Kerry Sanderson at Government House.

Tim Clarke Legal Affairs Editor

Amanda Forrester and WA Governor Kerry Sanderson at Government House.

 

The first woman appointed as WA’s Director of Public Prosecutions says it is not important to her that a woman has been appointed but acknowledges it could be significant for others in the legal profession.

Amanda Forrester has been acting DPP for several months after her predecessor Joe McGrath was appointed a judge of the Supreme Court.

After an interview process involving Solicitor General Peter Quinlan and Attorney-General John Quigley, Ms Forrester was sworn in by Governor Kerry Sanderson yesterday morning.

Ms Forrester is the only serving female DPP in Australia and just the third in the country’s history.

Ms Forrester said she did not see her gender as significant but admitted that as a signal to other, younger female lawyers, it could be important.

“I am very proud to have been appointed to lead a very, very dedicated team,” Ms Forrester said.

“It is nice to have a place in the history books but I don’t think it is important in the context of the job.

“It is always going to be challenging and the role of the DPP has become more pressured, more demanding and more detailed.”

Ms Forrester studied at the University of WA, where she completed her law degree in 1994 and was admitted into practice in 1996.

Before her appointment as acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions.

She became a senior counsel late last year after years of prosecuting high-profile cases, including murder trials, in WA and in the Eastern States.

Ms Forrester continued courtroom work while she was acting DPP, representing the State in this week’s appeal by convicted killer Gene Gibson.

The swearing in ceremony at Government House was held early in the morning so Ms Forrester could continue her closing submissions at the Court of Appeal.

 

Western Australia welcomes Amanda Forrester SC new director of public prosecutions

10 April 2017 Emma Ryan

 

https://www.lawyersweekly.com.au/news/20894-wa-welcomes-new-director-of-public-prosecutions

The Law Society of Western Australia has announced that a new director of public prosecutions has been appointed for the state.

The Law Society of Western Australia has announced that a new director of public prosecutions has been appointed for the state.

The society has congratulated Amanda Forrester SC on her new role, saying she is a worthy choice for the position.

“Amanda Forrester SC is an experienced and highly respected member of the Western Australian legal profession and an outstanding choice as DPP,” WA Law Society president Alain Musikanth said.

“The fact that Ms Forrester is also the first female to occupy that office in Western Australia reflects a significant milestone in the history of the profession.”

Ms Forrester first joined the legal profession in 1994, having completed her law degree at The University of Western Australia.

Throughout her career, Ms Forrester has held the positions of consultant state prosecutor and senior state prosecutor at the Office of the Director of Public Prosecutions for Western Australia.

Prior to beginning her new role as director of public prosecutions for Western Australia, Ms Forrester had been acting as director of public prosecutions since November last year. She was filling the vacancy left by Joseph McGrath SC, following his appointment as a judge of the Supreme Court of Western Australia.

Appointment of New Female Director of Public Prosecutions

https://www.mediastatements.wa.gov.au/Pages/McGowan/2017/04/Appointment-of-Director-of-Public-Prosecutions.aspx

Appointment of Director of Public Prosecutions

6/04/2017 3:10 PM

 

Amanda Forrester SC has been appointed WA's Director of Public Prosecutions (DPP)

Ms Forrester is WA's first female DPP

Ms Forrester has acted in the position from November 2016, filling the vacancy left by Joseph

 

McGrath SC who was appointed as a judge of the Supreme Court of Western Australia

The McGowan Government has appointed Amanda Forrester SC as Western Australia's Director of Public Prosecutions.

 

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

 

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.  

 

Ms Forrester also had several years' experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

 

Comments attributed to Attorney General John Quigley:

 

"I'm proud to have appointed Ms Forrester as the first female DPP in our State's history.

 

"Ms Forrester has 20 years' experience in complex criminal prosecutions in the Supreme and District Courts.

 

"She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

 

"Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community.

 

"Her role as DPP is central to the administration of the criminal justice system in our State.

 

"I congratulate Ms Forrester on her appointment."

 

Minister's office - 6552 6800

 

http://www.couriermail.com.au/news/national/amanda-forrester-named-was-first-female-dpp/news-story/d593a71c3f1359528047802c6426e44e

Amanda Forrester named WA's first female DPP

 

Tim Clarke, PerthNow April 6, 2017

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court.

After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson.

She becomes the only serving female DPP in Australia, and just the third in the country’s history.

Ms Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials.

One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC.

Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson.

Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal.

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.

Ms Forrester also had several years’ experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

“I’m proud to have appointed Ms Forrester as the first female DPP in our State’s history,” said Mr Quigley

“Ms Forrester has 20 years’ experience in complex criminal prosecutions in the Supreme and District Courts. She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

“Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community. Her role as DPP is central to the administration of the criminal justice system in our State.

Originally published as Forrester named WA's first female DPP

 

 

http://au.thenet24h.com/story/community-app-victoria-western-australia-entertainment-home-printed-media-news-western

Forrester Named WA's First Female DPP

 Thu, 04/06/2017 - 10:09 by PerthNow  2 comments  1 share  report

MAKING HISTORY: WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role. http://trib.al/BCQqZMN

https://www.lawsocietywa.asn.au/media-centre/

Law Society congratulates Amanda Forrester SC on appointment as Director of Public Prosecutions

The Law Society of Western Australia warmly congratulates Amanda Forrester SC on her appointment as Director of Public Prosecutions (DPP) for Western Australia.

Law Society President Alain Musikanth said, “Amanda Forrester SC is an experienced and highly respected member of the Western Australian legal profession and an outstanding choice as DPP. The fact that Ms Forrester is also the first female to occupy that office in Western Australia reflects a significant milestone in the history of the profession.”

Ms Forrester studied at The University of Western Australia, completing her law degree in 1994. Ms Forrester is a former member of the Law Society, having first joined in May 1996.

Ms Forrester has been Acting Director of Public Prosecutions since November 2016, filling the vacancy left by Joseph McGrath SC (as His Honour then was) upon his appointment as a justice of the Supreme Court of Western Australia.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions in Western Australia.

For comment please contact:

Andrew MacNiven
Media and Communications Officer
(08) 9324 8634
amacniven@lawsocietywa.asn.au

Overview of the Year in Brief the 2004/05 financial year

 The Year in Brief The 2004/05 financial year has been one of growth and adjustment to the raft of legislative reforms that have been implemented in the administration and content of the criminal law. The internal administrative structures of the office have been reviewed, and legal practices and procedures strengthened, enabling the office to give full effect to the new modernised and consolidated criminal justice system in Western Australia. This year, the Costing and Workflow Project Group was formed to conduct a review of the operational workflow of the office in order to ascertain the way in which our practice structures align with the criminal justice environment; and how those structures might be adjusted to improve delivery of service to the community. The Review focused on internal operational processes, particularly the carriage and control of matters by prosecutors and the administrative support of paralegal staff, as well as the fusion of the office and its major stakeholders. New positions have been created within the office to cater for expanding workflow, such as the position of Director of Corporate Services, which was set up to support the business administration aspect of the office. The ODPP is currently exploring new IT initiatives, such as the possibility of linking the Western Australia Police and the Court IT systems in order to streamline processes and facilitate earlier notification of incoming workload. Early in this reporting year, the Sentencing Team was created with a view to increasing our efficiency in dealing with all sentencing matters. This initiative included a small team of paralegal staff supporting 5 counsel specialising in sentencing matters before the Supreme and District Courts. The dedicated specialist role of this team has demonstrated an increase in quality and efficiency of service to courts, victims of crime and the Police. In addition, the increased and focused participation in other specialised courts, such as the Drug Court, has enabled the ODPP to participate more effectively in therapeutic jurisprudence practices. Established in April 2004, the Kalgoorlie Pilot Project has achieved greater efficiency for prosecutions on circuit by developing and implementing strategies to address the challenges that arise from the difficult logistics of regional Western Australia. Increased dedication of professional resources to the area, as well as the development of circuit specific protocols and procedures have resulted in a more efficient and effective prosecution service in Kalgoorlie. It is envisaged that the Project will continue and will be adapted for implementation in other regional centres. The ODPP/Western Australia Police Liaison Committee continues to be an effective and efficient means of communication between the two agencies. Regular Committee meetings identify and resolve issues relating to the professional relationship between the two agencies, as well as their interaction with other major stakeholders, in order to ensure that each agency compliments the other and to improve service to the community whilst retaining the separate and distinct functions of criminal investigation and prosecution. The flurry of legislative activity this year and the necessary adjustments flowing from it have been a challenge for the office, necessarily adapting and adjusting to the new administrative structures of the criminal justice system. One particular challenge arises out of the enactment of the Criminal Procedure Act 2004, which necessitated changes to old practices and terminologies and brought the procedure for the summary jurisdiction into line with those in the superior courts. The office continues to play a key role in discussion with government agencies in the preparation of further reforms on areas including sexual assault, DNA evidence, and confiscation laws. The Confiscations Unit has experienced growth and expansion over 2004/05, taking on new staff and strengthening communications with the ODPP indictment teams and the Western Australia Police Proceeds of Crime Squad. Confiscations have reported an increased output over the last reporting year, achieving a significant overall increase in payments into the Confiscation Proceeds Account. Throughout the year, the Training and Education Committee has been involved in the preparation of seminars and workshops for legal and non-legal staff, recognising the importance of continued legal and para-legal education, especially in light of internal restructures and recent legislative activity. The ODPP is currently revising and updating its complaints policy procedure. This task, in accordance with the whole of government complaints management strategy, has its objectives in increasing community awareness and access to complaints mechanisms, and monitoring and evaluating feedback in such a way as to ensure that service delivery is improved in line with the interests of stakeholders. The development and improvement of our organisation is a continuous process, accentuated this year by a focused workflow and performance review. These measures were  conducted to ensure that our office operates efficiently and effectively with the criminal justice system in which it operates. I am encouraged by the enthusiasm of my staff in participating in reviews and receiving new initiatives and I am confident of the value of those measures in improving the service that this office provides to the community.

Director of Public Prosecutions for Western Australia

Amanda Forrester SC
Legal Administrator: Yanina Boschini
Telephone: (08) 9425 3747

Deputy Director of Public Prosecutions for Western Australia

Vacant
Executive Assistant: Margaret Fairey
Telephone: (08) 9425 3777

Director Legal Services

Matthew Bugg
Executive Assistant: Margaret Fairey
Telephone: (08) 9425 3777

Director Corporate Services

Jeff Plunkett
Executive Assistant: Margaret Fairey
Telephone: (08) 9425 3777

Trial Team 1

Katrin Robinson
Practice Manager
Telephone: (08) 9425 3842

Trial Team 2

David Lima
Practice Manager
Telephone: (08) 9425 3785

Trial Team 3

Therese Austin
Practice Manager
Telephone: (08) 9425 3926

Children's Court Team

Sean Stocks
Practice Manager
Telephone: (08) 9218 0147

Appeals Team

Jeff Scholz
Consultant State Prosecutor
Telephone: (08) 9425 3799

Magistrates Court Team

Brent Meertens
Consultant State Prosecutor
Telephone: (08) 9218 5218

Confiscations Team

Mr Ian Jones
Practice Manager
Telephone: (08) 9425 3877

Listings and Counsel Allocation

Julian Williams
Manager Prosecution Support
Telephone: (08) 9425 3792

Location of the Office of the Director of Public Prosecutions

Level 1, International House
26 St Georges Terrace
PERTH WA 6000
Telephone: (08) 9425 3999
Freecall for country callers: 1800 264 144
Facsimile: (08) 9425 3600
Email: dpp@dpp.wa.gov.au
Website: http://www.dpp.wa.gov.au/

DPP District Court Office

Level 1, District Court Building
500 Hay Street
PERTH WA 6000
Telephone: (08) 9425 3961
Facsimile: (08) 9425 3960

Office Hours

Monday to Friday, 8am to 5pm

 

http://www.lawalmanac.dotag.wa.gov.au/D/director_of_public_prosecutions_for_western_australia.aspx?uid=7056-8049-6205-3956

Perth barrister appointed WA's new DPP

Date: January 27, 2010

http://www.smh.com.au//breaking-news-national/perth-barrister-appointed-was-new-dpp-20100127-mysx.html

AAP

A "home grown" barrister has been appointed Western Australia's new Director of Public Prosecutions (DPP) after a worldwide search.

Joseph McGrath, aged 45, who has spent time as a senior assistant director to the commonwealth DPP, was described by WA Attorney-General Christian Porter as a lawyer with outstanding qualifications.

He has acted as a counsel assisting the Royal Commission into the Finance Broking Industry and the Royal Commission into the WA Police Force.

Mr McGrath replaces former DPP Robert Cock, who stepped down in July last year and was replaced - in an acting capacity - by his deputy, Bruno Fiannaca.

Mr Porter said Mr McGrath's qualifications, excellent reputation and expertise in criminal and civil law won him the job from a highly competitive field.

His degrees include Bachelor of Laws from the Australian National University and a Master of Laws from the London School of Economics.

"Mr McGrath has 20 years of varied litigation practice, with a focus on the area of complex criminal matters and law enforcement issues," Mr Porter told reporters in Perth on Wednesday.

Since 2001, Mr McGrath has worked as a barrister-at-law at Perth's Francis Burt Chambers.

He has acted as a counsel for the state and commonwealth in the WA Supreme Court and District Court in criminal trials, as well as in Federal Court criminal appeals.

"Mr McGrath also has defence counsel experience in a range of areas, including complex corporate matters such as insider trading, market manipulation and other fraud matters," Mr Porter said.

"His dedication to criminal and civil law is evident in his many memberships to committees of legal associations and standing committees in WA.

"He is currently a member of the Law Reform Commission and vice president of the WA Bar Association, as well as a member of the Ethics Committee of the Law Society of WA.

"Mr McGrath is also actively involved in educating our future legal professionals, including teaching advocacy and lecturing at the Faculty of Law at the University of Western Australia on a range of topics over the years.

"The new DPP is a well-rounded, energetic and talented lawyer with a reputation for hard work and fairness."

Mr McGrath will start his new job on Monday.

Western Australian Legislation

Director of Public Prosecutions Act 1991

https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_266_homepage.html

Act No: 012 of 1991 As Passed: Director of Public Prosecutions Act 1991 Portfolio: Attorney General

Date of Assent: 21^st June 1992 Agency Created: Director of Public Prosecutions for Western Australia

Barnett focus of CCC complaint

Chalpat Sonti JULY 13 2009

http://www.watoday.com.au/wa-news/barnett-focus-of-ccc-complaint-20090713-dimd.html

Premier Colin Barnett has revealed he is the subject of a complaint to the Corruption and Crime Commission over undisclosed links between his son and a mining entrepreneur.

The complaint relates to Mr Barnett's conduct in seeking to have The Cliffe, a Peppermint Grove property owned by legendary prospector Mark Creasy, removed from the register of state heritage places.

The property, in Mr Barnett's Cottesloe electorate, was taken off the register in May last year after the then Liberal backbencher advanced a motion in the Legislative Assembly following an approach from Mr Creasy. 

His colleague, now Energy Minister Peter Collier, advanced a similar motion in the Legislative Council.

Mr Barnett said the complaint alleges he took up the cudgels for The Cliffe to benefit his son, Russell Barnett, the chairman of a public company in which Mr Creasy is a shareholder.

He did not name the company but Russell Barnett is chairman of publicly-listed technology company Freedom Eye, based in Bentley. Mr Creasy's Yandal Investments is the major shareholder in Freedom Eye.

"The complaint is false, it is spurious, bordering on the bizarre," Colin Barnett said.

"My son has had absolutely no involvement in my actions as the Member for Cottesloe in seeking to remove The Cliffe from the register. His company has had no involvement in The Cliffe."

Mr Barnett said he expected the matter to be dealt with by Parliament's privileges committee.

"I don't know what the CCC is going to do. I suspect they're probably not going to investigate it. They see it as being within the providence of the Parliament."

He made no apologies for agitating for the removal of The Cliffe from the register.

"Having taken time to walk through The Cliffe ... I would not sleep a night in that building. In my view it's unsafe," he said.

Mr Barnett said he also took particular exception to his son being brought into the complaint.

Russell Barnett told WAtoday.com.au he rejected and denied all the "baseless and untrue" allegations against both himself and Freedom Eye.

He was surprised by the complaint, which he had been made aware of only recently.

Freedom Eye chief David Sparling said the company "reject and deny" all of the claims made in the complaint.

The company would take "whatever action (it deemed) necessary and appropriate to protect the company from "adverse commercial consequences", Dr Sparling said.

The Cliffe, built in the 1890s, gained fame in the late 1970s when iconic Perth rock band The Triffids used it to record several albums. Band members David and Robert McComb's family owned the property at the time.

A group has been set up to save the house from demolition, but member, and Fremantle councillor, John Dowson said it was not behind the complaint.

"It was total news to me," he said.

"(Colin Barnett) doesn't seem to want to admit he's made a mistake on this one, but I can't imagine he would have made a decision based on his personal interests."

The Peppermint Grove Shire was due to discuss The Cliffe's fate some time this week. 

Mr Dowson said he hoped "someone" would make Mr Creasy an offer to buy the property and then restore it.

 

http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3711027a5d4a60153d48321c482570b50083abc3/$file/public+prosecutions+-+director+ar+2004-05.pdf

Office of the Director of Public Prosecutions for WESTERN AUSTRALIA Annual Report 2004/05

Office of the Director of Public Prosecutions for WESTERN AUSTRALIA Proceeds Of Crime Extraditions 26

POLICY AND LEGISLATIVE REFORM 27

STAFF INVOLVEMENT IN EXTERNAL COMMITTEES 31

HUMAN RESOURCES AND HUMAN RESOURCE MANAGEMENT 32

CORPORATE SERVICES AND INITIATIVES 38

PUBLICATIONS 42

RELATIONS WITH THE ATTORNEY GENERAL 43

FINANCIAL MATTERS 44

INTRODUCTION TO KPI’S AND FINANCIAL STATEMENTS 45

Key Performance Indicators 49

Financial Statements 56

Contents

STATEMENT OF COMPLIANCE 3

MISSION STATEMENT 4

OVERVIEW: THE YEAR IN BRIEF 5

DIRECTORS LEGAL PRACTICE 8

Glossary 9 Magistrates Court 10

District Court 11

Supreme Court 13

Appeals 18

Drug Court 20

Children’s Court 20

Proceeds Of Crime 23

Extraditions 26

POLICY AND LEGISLATIVE REFORM 27

STAFF INVOLVEMENT IN EXTERNAL COMMITTEES 31

HUMAN RESOURCES AND HUMAN RESOURCE MANAGEMENT 32

CORPORATE SERVICES AND INITIATIVES 38

PUBLICATIONS 42 RELATIONS WITH THE ATTORNEY GENERAL 43

FINANCIAL MATTERS 44

INTRODUCTION TO KPI’S AND FINANCIAL STATEMENTS 45

Key Performance Indicators 49 Financial Statements 56

ROBERT COCK QC Director of Public Prosecutions Chief Executive Officer Accountable Officer

Statement Of Compliance In accordance with s.62 of the Financial Administration and Audit Act 1985 and with s.32 of the Director of Public Prosecutions Act 1991, I hereby submit for the information of the Attorney General and presentation to Parliament, the Report of the Office of the Director of Public Prosecutions for the period ending 30 June 2005. The report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985. In accordance with s.31(1) of the Public Sector Management Act 1994, I also report that there has been compliance with public sector standards and codes of ethics.

Mission Statement of the Office of the Director of Public Prosecutions for Western Australia

Mission Statement The mission of the Office of the Director of Public Prosecutions is to provide the people of Western Australia with an independent and effective criminal prosecution service which is both fair and just. The core work of the ODPP is to conduct criminal prosecutions in the Supreme and District Courts. The ODPP also conducts all appellate work flowing from those prosecutions. The ODPP manages a range of proceeds of crime matters pursuant to the Criminal Property Confiscation Act 2000 and the Misuse of Drugs Act 1981. The ODPP manages a range of committal matters at the Magistrates Court, Central Law Courts, Perth, and has jurisdiction over indictable offences triable summarily and summary offences in Magistrates Court. The ODPP assumes responsibility for the prosecution of the more serious offences in the Children's Court and has the conduct of all matters in the Drug Court that are dealt with on indictment.

 

Overview:

The Year in Brief The 2004/05 financial year has been one of growth and adjustment to the raft of legislative reforms that have been implemented in the administration and content of the criminal law. The internal administrative structures of the office have been reviewed, and legal practices and procedures strengthened, enabling the office to give full effect to the new modernised and consolidated criminal justice system in Western Australia. This year, the Costing and Workflow Project Group was formed to conduct a review of the operational workflow of the office in order to ascertain the way in which our practice structures align with the criminal justice environment; and how those structures might be adjusted to improve delivery of service to the community. The Review focused on internal operational processes, particularly the carriage and control of matters by prosecutors and the administrative support of paralegal staff, as well as the fusion of the office and its major stakeholders. New positions have been created within the office to cater for expanding workflow, such as the position of Director of Corporate Services, which was set up to support the business administration aspect of the office. The ODPP is currently exploring new IT initiatives, such as the possibility of linking the Western Australia Police and the Court IT systems in order to streamline processes and facilitate earlier notification of incoming workload. Early in this reporting year, the Sentencing Team was created with a view to increasing our efficiency in dealing with all sentencing matters. This initiative included a small team of paralegal staff supporting 5 counsel specialising in sentencing matters before the Supreme and District Courts. The dedicated specialist role of this team has demonstrated an increase in quality and efficiency of service to courts, victims of crime and the Police. In addition, the increased and focused participation in other specialised courts, such as the Drug Court, has enabled the ODPP to participate more effectively in therapeutic jurisprudence practices. Established in April 2004, the Kalgoorlie Pilot Project has achieved greater efficiency for prosecutions on circuit by developing and implementing strategies to address the challenges that arise from the difficult logistics of regional Western Australia. Increased dedication of professional resources to the area, as well as the development of circuit specific protocols and procedures have resulted in a more efficient and effective prosecution service in Kalgoorlie. It is envisaged that the Project will continue and will be adapted for implementation in other regional centres. The ODPP/Western Australia Police Liaison Committee continues to be an effective and efficient means of communication between the two agencies. Regular Committee meetings identify and resolve issues relating to the professional relationship between the two agencies, as well as their interaction with other major stakeholders, in order to ensure that each agency compliments the other and to improve service to the community whilst retaining the separate and distinct functions of criminal investigation and prosecution. The flurry of legislative activity this year and the necessary adjustments flowing from it have been a challenge for the office, necessarily adapting and adjusting to the new administrative structures of the criminal justice system. One particular challenge arises out of the enactment of the Criminal Procedure Act 2004, which necessitated changes to old practices and terminologies and brought the procedure for the summary jurisdiction into line with those in the superior courts. The office continues to play a key role in discussion with government agencies in the preparation of further reforms on areas including sexual assault, DNA evidence, and confiscation laws. The Confiscations Unit has experienced growth and expansion over 2004/05, taking on new staff and strengthening communications with the ODPP indictment teams and the Western Australia Police Proceeds of Crime Squad. Confiscations have reported an increased output over the last reporting year, achieving a significant overall increase in payments into the Confiscation Proceeds Account. Throughout the year, the Training and Education Committee has been involved in the preparation of seminars and workshops for legal and non-legal staff, recognising the importance of continued legal and para-legal education, especially in light of internal restructures and recent legislative activity. The ODPP is currently revising and updating its complaints policy procedure. This task, in accordance with the whole of government complaints management strategy, has its objectives in increasing community awareness and access to complaints mechanisms, and monitoring and evaluating feedback in such a way as to ensure that service delivery is improved in line with the interests of stakeholders. The development and improvement of our organisation is a continuous process, accentuated this year by a focused workflow and performance review. These measures were  conducted to ensure that our office operates efficiently and effectively with the criminal justice system in which it operates. I am encouraged by the enthusiasm of my staff in participating in reviews and receiving new initiatives and I am confident of the value of those measures in improving the service that this office provides to the community.

Australian Associated Press April 6, 2017                                             

Western Australia's first female Director of Public Prosecutions has been appointed by the new Labor government. Amanda Forrester SC had been acting in the position since November last year, after the previous DPP Joseph McGrath SC was appointed a judge of the Supreme Court of Western Australia.

Ms Forrester has 20 years' experience in the legal field, holding roles such as senior state prosecutor in WA and Crown prosecutor in Victoria and WA prior to her appointment on Thursday.

Amanda Forrester named WA’s first female DPP

APRIL 6, 2017

https://www.wbnews.info/2017/04/amanda-forrester-named-was-first-female-dpp/

Western Australia has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role. Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court. After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson. She becomes the only serving female DPP in Australia, and just the third in the country’s history. WA’s first female DPP Amanda Forrester.Picture: Mogens JohansenMs Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials. One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC. Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson. Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal. Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of…more detail

https://www.pressreader.com/australia/the-west-australian/20170407/281655369927400

Gender not main game for new DPP

The West Australian 7 Apr 2017

Amanda Forrester and WA Governor Kerry Sanderson at Government House.

Tim Clarke Legal Affairs Editor

Amanda Forrester and WA Governor Kerry Sanderson at Government House.

The first woman appointed as WA’s Director of Public Prosecutions says it is not important to her that a woman has been appointed but acknowledges it could be significant for others in the legal profession.

Amanda Forrester has been acting DPP for several months after her predecessor Joe McGrath was appointed a judge of the Supreme Court.

After an interview process involving Solicitor General Peter Quinlan and Attorney-General John Quigley, Ms Forrester was sworn in by Governor Kerry Sanderson yesterday morning.

Ms Forrester is the only serving female DPP in Australia and just the third in the country’s history.

Ms Forrester said she did not see her gender as significant but admitted that as a signal to other, younger female lawyers, it could be important.

“I am very proud to have been appointed to lead a very, very dedicated team,” Ms Forrester said.

“It is nice to have a place in the history books but I don’t think it is important in the context of the job.

“It is always going to be challenging and the role of the DPP has become more pressured, more demanding and more detailed.”

Ms Forrester studied at the University of WA, where she completed her law degree in 1994 and was admitted into practice in 1996.

Before her appointment as acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions.

She became a senior counsel late last year after years of prosecuting high-profile cases, including murder trials, in WA and in the Eastern States.

Ms Forrester continued courtroom work while she was acting DPP, representing the State in this week’s appeal by convicted killer Gene Gibson.

The swearing in ceremony at Government House was held early in the morning so Ms Forrester could continue her closing submissions at the Court of Appeal.

WA welcomes new director of public prosecutions

10 April 2017 Emma Ryan

https://www.lawyersweekly.com.au/news/20894-wa-welcomes-new-director-of-public-prosecutions

The Law Society of Western Australia has announced that a new director of public prosecutions has been appointed for the state.

The Law Society of Western Australia has announced that a new director of public prosecutions has been appointed for the state.

The society has congratulated Amanda Forrester SC on her new role, saying she is a worthy choice for the position.

“Amanda Forrester SC is an experienced and highly respected member of the Western Australian legal profession and an outstanding choice as DPP,” WA Law Society president Alain Musikanth said.

“The fact that Ms Forrester is also the first female to occupy that office in Western Australia reflects a significant milestone in the history of the profession.”

Ms Forrester first joined the legal profession in 1994, having completed her law degree at The University of Western Australia.

Throughout her career, Ms Forrester has held the positions of consultant state prosecutor and senior state prosecutor at the Office of the Director of Public Prosecutions for Western Australia.

Prior to beginning her new role as director of public prosecutions for Western Australia, Ms Forrester had been acting as director of public prosecutions since November last year. She was filling the vacancy left by Joseph McGrath SC, following his appointment as a judge of the Supreme Court of Western Australia.

Appointment of New Female Director of Public Prosecutions

https://www.mediastatements.wa.gov.au/Pages/McGowan/2017/04/Appointment-of-Director-of-Public-Prosecutions.aspx

Appointment of Director of Public Prosecutions

6/04/2017 3:10 PM

 

Amanda Forrester SC has been appointed WA's Director of Public Prosecutions (DPP)

Ms Forrester is WA's first female DPP

Ms Forrester has acted in the position from November 2016, filling the vacancy left by Joseph

McGrath SC who was appointed as a judge of the Supreme Court of Western Australia

The McGowan Government has appointed Amanda Forrester SC as Western Australia's Director of Public Prosecutions.

 

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

 

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.  

 

Ms Forrester also had several years' experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

 

Comments attributed to Attorney General John Quigley:

 

"I'm proud to have appointed Ms Forrester as the first female DPP in our State's history.

 

"Ms Forrester has 20 years' experience in complex criminal prosecutions in the Supreme and District Courts.

 

"She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

 

"Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community.

 

"Her role as DPP is central to the administration of the criminal justice system in our State.

 

"I congratulate Ms Forrester on her appointment."

 

Minister's office - 6552 6800

http://www.couriermail.com.au/news/national/amanda-forrester-named-was-first-female-dpp/news-story/d593a71c3f1359528047802c6426e44e

Amanda Forrester named WA's first female DPP

Tim Clarke, PerthNow April 6, 2017

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

WA has the first female Director of Public Prosecutions in its long legal history, after Amanda Forrester SC was today confirmed in the role.

Ms Forrester has been acting as the head of the WA DPP for several months following the move of her predecessor Joe McGrath onto the bench as a judge in the Supreme Court.

After an interview process involving WA solicitor general Peter Quinlan, and the state’s new attorney general John Quigley, Ms Forrester was sworn into the role by the state’s governor Kerry Sanderson.

She becomes the only serving female DPP in Australia, and just the third in the country’s history.

Ms Forrester was admitted to practice in 1996, and became a senior counsel late last year. That followed years of prosecuting high profile cases here and in the east, including numerous murder trials.

One of other candidates considered for the job was also a woman, current consultant prosecutor at the DPP Carmel Barbagallo SC.

Ms Forrester has continued in the courtroom, while also acting as the state’s DPP, including representing the state in this week’s appeal by convicted killer Gene Gibson.

Today’s swearing in ceremony at Government House was held early in the morning, so Ms Forrester could continue her closing submissions before the WA’s Court of Appeal.

Ms Forrester studied at The University of Western Australia where she completed her law degree in 1994 and was admitted into practice in 1996 after completing her articles of clerkship at Jackson McDonald in 1996.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions (ODPP) in WA.

Ms Forrester also had several years’ experience as Crown Prosecutor at both the Office of Public Prosecutions in Victoria and the ODPP in WA.

“I’m proud to have appointed Ms Forrester as the first female DPP in our State’s history,” said Mr Quigley

“Ms Forrester has 20 years’ experience in complex criminal prosecutions in the Supreme and District Courts. She brings to the role outstanding qualifications, extensive experience and comprehensive knowledge in criminal law.

“Ms Forrester is a highly respected lawyer and I have every confidence in her ability to continue to provide the highest quality prosecution services to the WA community. Her role as DPP is central to the administration of the criminal justice system in our State.

Originally published as Forrester named WA's first female DPP

http://au.thenet24h.com/story/community-app-victoria-western-australia-entertainment-home-printed-media-news-western

Forrester Named WA's First Female DPP

 Thu, 04/06/2017 - 10:09 by PerthNow  2 comments  1 share  report

https://www.lawsocietywa.asn.au/media-centre/

Law Society congratulates Amanda Forrester SC on appointment as Director of Public Prosecutions

The Law Society of Western Australia warmly congratulates Amanda Forrester SC on her appointment as Director of Public Prosecutions (DPP) for Western Australia.

Law Society President Alain Musikanth said, “Amanda Forrester SC is an experienced and highly respected member of the Western Australian legal profession and an outstanding choice as DPP. The fact that Ms Forrester is also the first female to occupy that office in Western Australia reflects a significant milestone in the history of the profession.”

Ms Forrester studied at The University of Western Australia, completing her law degree in 1994. Ms Forrester is a former member of the Law Society, having first joined in May 1996.

Ms Forrester has been Acting Director of Public Prosecutions since November 2016, filling the vacancy left by Joseph McGrath SC (as His Honour then was) upon his appointment as a justice of the Supreme Court of Western Australia.

Before her appointment as Acting DPP, Ms Forrester held the positions of Consultant State Prosecutor and Senior State Prosecutor at the Office of the Director of Public Prosecutions in Western Australia.

For comment please contact:

Andrew MacNiven
Media and Communications Officer
(08) 9324 8634
amacniven@lawsocietywa.asn.au

Overview of the Year in Brief the 2004/05 financial year

 The Year in Brief The 2004/05 financial year has been one of growth and adjustment to the raft of legislative reforms that have been implemented in the administration and content of the criminal law. The internal administrative structures of the office have been reviewed, and legal practices and procedures strengthened, enabling the office to give full effect to the new modernised and consolidated criminal justice system in Western Australia. This year, the Costing and Workflow Project Group was formed to conduct a review of the operational workflow of the office in order to ascertain the way in which our practice structures align with the criminal justice environment; and how those structures might be adjusted to improve delivery of service to the community. The Review focused on internal operational processes, particularly the carriage and control of matters by prosecutors and the administrative support of paralegal staff, as well as the fusion of the office and its major stakeholders. New positions have been created within the office to cater for expanding workflow, such as the position of Director of Corporate Services, which was set up to support the business administration aspect of the office. The ODPP is currently exploring new IT initiatives, such as the possibility of linking the Western Australia Police and the Court IT systems in order to streamline processes and facilitate earlier notification of incoming workload. Early in this reporting year, the Sentencing Team was created with a view to increasing our efficiency in dealing with all sentencing matters. This initiative included a small team of paralegal staff supporting 5 counsel specialising in sentencing matters before the Supreme and District Courts. The dedicated specialist role of this team has demonstrated an increase in quality and efficiency of service to courts, victims of crime and the Police. In addition, the increased and focused participation in other specialised courts, such as the Drug Court, has enabled the ODPP to participate more effectively in therapeutic jurisprudence practices. Established in April 2004, the Kalgoorlie Pilot Project has achieved greater efficiency for prosecutions on circuit by developing and implementing strategies to address the challenges that arise from the difficult logistics of regional Western Australia. Increased dedication of professional resources to the area, as well as the development of circuit specific protocols and procedures have resulted in a more efficient and effective prosecution service in Kalgoorlie. It is envisaged that the Project will continue and will be adapted for implementation in other regional centres. The ODPP/Western Australia Police Liaison Committee continues to be an effective and efficient means of communication between the two agencies. Regular Committee meetings identify and resolve issues relating to the professional relationship between the two agencies, as well as their interaction with other major stakeholders, in order to ensure that each agency compliments the other and to improve service to the community whilst retaining the separate and distinct functions of criminal investigation and prosecution. The flurry of legislative activity this year and the necessary adjustments flowing from it have been a challenge for the office, necessarily adapting and adjusting to the new administrative structures of the criminal justice system. One particular challenge arises out of the enactment of the Criminal Procedure Act 2004, which necessitated changes to old practices and terminologies and brought the procedure for the summary jurisdiction into line with those in the superior courts. The office continues to play a key role in discussion with government agencies in the preparation of further reforms on areas including sexual assault, DNA evidence, and confiscation laws. The Confiscations Unit has experienced growth and expansion over 2004/05, taking on new staff and strengthening communications with the ODPP indictment teams and the Western Australia Police Proceeds of Crime Squad. Confiscations have reported an increased output over the last reporting year, achieving a significant overall increase in payments into the Confiscation Proceeds Account. Throughout the year, the Training and Education Committee has been involved in the preparation of seminars and workshops for legal and non-legal staff, recognising the importance of continued legal and para-legal education, especially in light of internal restructures and recent legislative activity. The ODPP is currently revising and updating its complaints policy procedure. This task, in accordance with the whole of government complaints management strategy, has its objectives in increasing community awareness and access to complaints mechanisms, and monitoring and evaluating feedback in such a way as to ensure that service delivery is improved in line with the interests of stakeholders. The development and improvement of our organisation is a continuous process, accentuated this year by a focused workflow and performance review. These measures were  conducted to ensure that our office operates efficiently and effectively with the criminal justice system in which it operates. I am encouraged by the enthusiasm of my staff in participating in reviews and receiving new initiatives and I am confident of the value of those measures in improving the service that this office provides to the community.

Director of Public Prosecutions for Western Australia

Amanda Forrester SC
Legal Administrator: Yanina Boschini
Telephone: (08) 9425 3747

Deputy Director of Public Prosecutions for Western Australia

Vacant
Executive Assistant: Margaret Fairey
Telephone: (08) 9425 3777

Director Legal Services

Matthew Bugg
Executive Assistant: Margaret Fairey
Telephone: (08) 9425 3777

Director Corporate Services

Jeff Plunkett
Executive Assistant: Margaret Fairey
Telephone: (08) 9425 3777

Trial Team 1

Katrin Robinson
Practice Manager
Telephone: (08) 9425 3842

Trial Team 2

David Lima
Practice Manager
Telephone: (08) 9425 3785

Trial Team 3

Therese Austin
Practice Manager
Telephone: (08) 9425 3926

Children's Court Team

Sean Stocks
Practice Manager
Telephone: (08) 9218 0147

Appeals Team

Jeff Scholz
Consultant State Prosecutor
Telephone: (08) 9425 3799

Magistrates Court Team

Brent Meertens
Consultant State Prosecutor
Telephone: (08) 9218 5218

Confiscations Team

Mr Ian Jones
Practice Manager
Telephone: (08) 9425 3877

Listings and Counsel Allocation

Julian Williams
Manager Prosecution Support
Telephone: (08) 9425 3792

Location of the Office of the Director of Public Prosecutions

Level 1, International House
26 St Georges Terrace
PERTH WA 6000
Telephone: (08) 9425 3999
Freecall for country callers: 1800 264 144
Facsimile: (08) 9425 3600
Email: dpp@dpp.wa.gov.au
Website: http://www.dpp.wa.gov.au/

DPP District Court Office

Level 1, District Court Building
500 Hay Street
PERTH WA 6000
Telephone: (08) 9425 3961
Facsimile: (08) 9425 3960

Office Hours

Monday to Friday, 8am to 5pm

http://www.lawalmanac.dotag.wa.gov.au/D/director_of_public_prosecutions_for_western_australia.aspx?uid=7056-8049-6205-3956

Perth barrister appointed WA's new DPP

Date: January 27, 2010

http://www.smh.com.au//breaking-news-national/perth-barrister-appointed-was-new-dpp-20100127-mysx.html

AAP

A "home grown" barrister has been appointed Western Australia's new Director of Public Prosecutions (DPP) after a worldwide search.

Joseph McGrath, aged 45, who has spent time as a senior assistant director to the commonwealth DPP, was described by WA Attorney-General Christian Porter as a lawyer with outstanding qualifications.

He has acted as a counsel assisting the Royal Commission into the Finance Broking Industry and the Royal Commission into the WA Police Force.

Mr McGrath replaces former DPP Robert Cock, who stepped down in July last year and was replaced - in an acting capacity - by his deputy, Bruno Fiannaca.

Mr Porter said Mr McGrath's qualifications, excellent reputation and expertise in criminal and civil law won him the job from a highly competitive field.

His degrees include Bachelor of Laws from the Australian National University and a Master of Laws from the London School of Economics.

"Mr McGrath has 20 years of varied litigation practice, with a focus on the area of complex criminal matters and law enforcement issues," Mr Porter told reporters in Perth on Wednesday.

Since 2001, Mr McGrath has worked as a barrister-at-law at Perth's Francis Burt Chambers.

He has acted as a counsel for the state and commonwealth in the WA Supreme Court and District Court in criminal trials, as well as in Federal Court criminal appeals.

"Mr McGrath also has defence counsel experience in a range of areas, including complex corporate matters such as insider trading, market manipulation and other fraud matters," Mr Porter said.

"His dedication to criminal and civil law is evident in his many memberships to committees of legal associations and standing committees in WA.

"He is currently a member of the Law Reform Commission and vice president of the WA Bar Association, as well as a member of the Ethics Committee of the Law Society of WA.

"Mr McGrath is also actively involved in educating our future legal professionals, including teaching advocacy and lecturing at the Faculty of Law at the University of Western Australia on a range of topics over the years.

"The new DPP is a well-rounded, energetic and talented lawyer with a reputation for hard work and fairness."

Mr McGrath will start his new job on Monday.

Western Australian Legislation

Director of Public Prosecutions Act 1991

https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_266_homepage.html

Act No: 012 of 1991 As Passed: Director of Public Prosecutions Act 1991 Portfolio: Attorney General

Date of Assent: 21^st June 1992 Agency Created: Director of Public Prosecutions for Western Australia

Barnett focus of CCC complaint

Chalpat Sonti JULY 13 2009

http://www.watoday.com.au/wa-news/barnett-focus-of-ccc-complaint-20090713-dimd.html

Premier Colin Barnett has revealed he is the subject of a complaint to the Corruption and Crime Commission over undisclosed links between his son and a mining entrepreneur.

The complaint relates to Mr Barnett's conduct in seeking to have The Cliffe, a Peppermint Grove property owned by legendary prospector Mark Creasy, removed from the register of state heritage places.

The property, in Mr Barnett's Cottesloe electorate, was taken off the register in May last year after the then Liberal backbencher advanced a motion in the Legislative Assembly following an approach from Mr Creasy. 

His colleague, now Energy Minister Peter Collier, advanced a similar motion in the Legislative Council.

Mr Barnett said the complaint alleges he took up the cudgels for The Cliffe to benefit his son, Russell Barnett, the chairman of a public company in which Mr Creasy is a shareholder.

He did not name the company but Russell Barnett is chairman of publicly-listed technology company Freedom Eye, based in Bentley. Mr Creasy's Yandal Investments is the major shareholder in Freedom Eye.

"The complaint is false, it is spurious, bordering on the bizarre," Colin Barnett said.

"My son has had absolutely no involvement in my actions as the Member for Cottesloe in seeking to remove The Cliffe from the register. His company has had no involvement in The Cliffe."

Mr Barnett said he expected the matter to be dealt with by Parliament's privileges committee.

"I don't know what the CCC is going to do. I suspect they're probably not going to investigate it. They see it as being within the providence of the Parliament."

He made no apologies for agitating for the removal of The Cliffe from the register.

"Having taken time to walk through The Cliffe ... I would not sleep a night in that building. In my view it's unsafe," he said.

Mr Barnett said he also took particular exception to his son being brought into the complaint.

Russell Barnett told WAtoday.com.au he rejected and denied all the "baseless and untrue" allegations against both himself and Freedom Eye.

He was surprised by the complaint, which he had been made aware of only recently.

Freedom Eye chief David Sparling said the company "reject and deny" all of the claims made in the complaint.

The company would take "whatever action (it deemed) necessary and appropriate to protect the company from "adverse commercial consequences", Dr Sparling said.

The Cliffe, built in the 1890s, gained fame in the late 1970s when iconic Perth rock band The Triffids used it to record several albums. Band members David and Robert McComb's family owned the property at the time.

A group has been set up to save the house from demolition, but member, and Fremantle councillor, John Dowson said it was not behind the complaint.

"It was total news to me," he said.

"(Colin Barnett) doesn't seem to want to admit he's made a mistake on this one, but I can't imagine he would have made a decision based on his personal interests."

The Peppermint Grove Shire was due to discuss The Cliffe's fate some time this week. 

Mr Dowson said he hoped "someone" would make Mr Creasy an offer to buy the property and then restore it.

http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3711027a5d4a60153d48321c482570b50083abc3/$file/public+prosecutions+-+director+ar+2004-05.pdf

Office of the Director of Public Prosecutions for WESTERN AUSTRALIA Annual Report 2004/05

Office of the Director of Public Prosecutions for WESTERN AUSTRALIA Proceeds Of Crime Extraditions 26

POLICY AND LEGISLATIVE REFORM 27

STAFF INVOLVEMENT IN EXTERNAL COMMITTEES 31

HUMAN RESOURCES AND HUMAN RESOURCE MANAGEMENT 32

CORPORATE SERVICES AND INITIATIVES 38

PUBLICATIONS 42

RELATIONS WITH THE ATTORNEY GENERAL 43

FINANCIAL MATTERS 44

INTRODUCTION TO KPI’S AND FINANCIAL STATEMENTS 45

Key Performance Indicators 49

Financial Statements 56

Contents

STATEMENT OF COMPLIANCE 3

MISSION STATEMENT 4

OVERVIEW: THE YEAR IN BRIEF 5

DIRECTORS LEGAL PRACTICE 8

Glossary 9 Magistrates Court 10

District Court 11

Supreme Court 13

Appeals 18

Drug Court 20

Children’s Court 20

Proceeds Of Crime 23

Extraditions 26

POLICY AND LEGISLATIVE REFORM 27

STAFF INVOLVEMENT IN EXTERNAL COMMITTEES 31

HUMAN RESOURCES AND HUMAN RESOURCE MANAGEMENT 32

CORPORATE SERVICES AND INITIATIVES 38

PUBLICATIONS 42 RELATIONS WITH THE ATTORNEY GENERAL 43

FINANCIAL MATTERS 44

INTRODUCTION TO KPI’S AND FINANCIAL STATEMENTS 45

Key Performance Indicators 49 Financial Statements 56

ROBERT COCK QC Director of Public Prosecutions Chief Executive Officer Accountable Officer

Statement Of Compliance In accordance with s.62 of the Financial Administration and Audit Act 1985 and with s.32 of the Director of Public Prosecutions Act 1991, I hereby submit for the information of the Attorney General and presentation to Parliament, the Report of the Office of the Director of Public Prosecutions for the period ending 30 June 2005. The report has been prepared in accordance with the provisions of the Financial Administration and Audit Act 1985. In accordance with s.31(1) of the Public Sector Management Act 1994, I also report that there has been compliance with public sector standards and codes of ethics.

Mission Statement of the Office of the Director of Public Prosecutions for Western Australia

Mission Statement The mission of the Office of the Director of Public Prosecutions is to provide the people of Western Australia with an independent and effective criminal prosecution service which is both fair and just. The core work of the ODPP is to conduct criminal prosecutions in the Supreme and District Courts. The ODPP also conducts all appellate work flowing from those prosecutions. The ODPP manages a range of proceeds of crime matters pursuant to the Criminal Property Confiscation Act 2000 and the Misuse of Drugs Act 1981. The ODPP manages a range of committal matters at the Magistrates Court, Central Law Courts, Perth, and has jurisdiction over indictable offences triable summarily and summary offences in Magistrates Court. The ODPP assumes responsibility for the prosecution of the more serious offences in the Children's Court and has the conduct of all matters in the Drug Court that are dealt with on indictment.

Overview:

The Year in Brief The 2004/05 financial year has been one of growth and adjustment to the raft of legislative reforms that have been implemented in the administration and content of the criminal law. The internal administrative structures of the office have been reviewed, and legal practices and procedures strengthened, enabling the office to give full effect to the new modernised and consolidated criminal justice system in Western Australia. This year, the Costing and Workflow Project Group was formed to conduct a review of the operational workflow of the office in order to ascertain the way in which our practice structures align with the criminal justice environment; and how those structures might be adjusted to improve delivery of service to the community. The Review focused on internal operational processes, particularly the carriage and control of matters by prosecutors and the administrative support of paralegal staff, as well as the fusion of the office and its major stakeholders. New positions have been created within the office to cater for expanding workflow, such as the position of Director of Corporate Services, which was set up to support the business administration aspect of the office. The ODPP is currently exploring new IT initiatives, such as the possibility of linking the Western Australia Police and the Court IT systems in order to streamline processes and facilitate earlier notification of incoming workload. Early in this reporting year, the Sentencing Team was created with a view to increasing our efficiency in dealing with all sentencing matters. This initiative included a small team of paralegal staff supporting 5 counsel specialising in sentencing matters before the Supreme and District Courts. The dedicated specialist role of this team has demonstrated an increase in quality and efficiency of service to courts, victims of crime and the Police. In addition, the increased and focused participation in other specialised courts, such as the Drug Court, has enabled the ODPP to participate more effectively in therapeutic jurisprudence practices. Established in April 2004, the Kalgoorlie Pilot Project has achieved greater efficiency for prosecutions on circuit by developing and implementing strategies to address the challenges that arise from the difficult logistics of regional Western Australia. Increased dedication of professional resources to the area, as well as the development of circuit specific protocols and procedures have resulted in a more efficient and effective prosecution service in Kalgoorlie. It is envisaged that the Project will continue and will be adapted for implementation in other regional centres. The ODPP/Western Australia Police Liaison Committee continues to be an effective and efficient means of communication between the two agencies. Regular Committee meetings identify and resolve issues relating to the professional relationship between the two agencies, as well as their interaction with other major stakeholders, in order to ensure that each agency compliments the other and to improve service to the community whilst retaining the separate and distinct functions of criminal investigation and prosecution. The flurry of legislative activity this year and the necessary adjustments flowing from it have been a challenge for the office, necessarily adapting and adjusting to the new administrative structures of the criminal justice system. One particular challenge arises out of the enactment of the Criminal Procedure Act 2004, which necessitated changes to old practices and terminologies and brought the procedure for the summary jurisdiction into line with those in the superior courts. The office continues to play a key role in discussion with government agencies in the preparation of further reforms on areas including sexual assault, DNA evidence, and confiscation laws. The Confiscations Unit has experienced growth and expansion over 2004/05, taking on new staff and strengthening communications with the ODPP indictment teams and the Western Australia Police Proceeds of Crime Squad. Confiscations have reported an increased output over the last reporting year, achieving a significant overall increase in payments into the Confiscation Proceeds Account. Throughout the year, the Training and Education Committee has been involved in the preparation of seminars and workshops for legal and non-legal staff, recognising the importance of continued legal and para-legal education, especially in light of internal restructures and recent legislative activity. The ODPP is currently revising and updating its complaints policy procedure. This task, in accordance with the whole of government complaints management strategy, has its objectives in increasing community awareness and access to complaints mechanisms, and monitoring and evaluating feedback in such a way as to ensure that service delivery is improved in line with the interests of stakeholders. The development and improvement of our organisation is a continuous process, accentuated this year by a focused workflow and performance review. These measures were  conducted to ensure that our office operates efficiently and effectively with the criminal justice system in which it operates. I am encouraged by the enthusiasm of my staff in participating in reviews and receiving new initiatives and I am confident of the value of those measures in improving the service that this office provides to the community.