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Government- NSW

Fundamental importance of an independent ODPP

Law Society of NSW & Bar Association of NSW

Statement

Wednesday, 8 July 2026

Fundamental importance of an independent ODPP

The Law Society of NSW and the NSW Bar Association are concerned about the recommendation that a parliamentary committee be established to “oversight” the Office of the Director of Public Prosecutions, contained within the report of the Legislative Council Committee on Justice and Communities released on 7 July.

It is a fundamental principle of our justice system that decisions to initiate and maintain criminal prosecutions remain free of interference.

This principle was foundational to the formal establishment of an independent prosecutorial body, some 40 years ago through the Director of Public Prosecutions Act 1986, consistent with other Australian jurisdictions. 

The bodies representing the state’s 47,000 lawyers urge profound caution in considering any reform which may risk undermining this prosecutorial independence, which is critical to the proper functioning of our criminal justice system.

 

Media contacts

Damien Smith | Director, Media and Public Relations
The Law Society of New South Wales
M: +61 417 788 947
E: [email protected]

 

 

Ed Clapin | Senior Media and Policy Officer

New South Wales Bar Association

M: +61 491 844 487
E: [email protected]

 

 

Attachments

080726 Law Society of NSW - Fundamental importance of an independent ODPP.pdf

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