- 2 -
Mr Mathews explained that the creation of Selection Boards in both the Prosecutions Division and Civil Division of the department that is now implemented would help ensure greater accountability and transparency. "Everyone will know who is involved in the decision-making process," he said.
The Selection Boards will be responsible for advising the Division Head on the selection of counsel for briefing out. It will also advise him on the terms and conditions of appointment.
All decisions will be recorded in the minutes of the Boards to ensure that there will always be a record of what was agreed. This will ensure that checks can be made, either by the staff in the Legal Department or by the Director of Audit.
Furthermore, the Prosecutions Division Selection Board, with an ICAC representative in attendance, will decide upon the removal of a person from the standard briefing out lists.
Anyone who receives a notice of intended removal will be advised why it is so intended and will be given 14 days to make representations.
There will be lists for the three levels of court, the Magistrates' Court, the District Court and the High Court. For each court there will be two lists, depending on the nature or complexity of the case concerned.
Once included in one of the standard briefing out lists of the Prosecutions Division, selection for briefs is by rotation through the list.
In the Civil Division, where briefing out a case is likely to cost less than $1 million, a shorter, but no less rigorous selection process will be used. It will still be the Crown Solicitor deciding on cases on advice from his senior staff but without the need in every case to convene a formal meeting.
The Attorney General emphasised that financial control was a major concern for the Working Party.
"The report shows that there have been in place for some time mechanisms to ensure that the question of cost is properly considered in the administration and operation of the briefing out system.
"However, and I think this shows the value of the review, the Working Party has recommended a number of improvements to the system which I intend to have implemented in full," he said.
No comments yet.
Private notes are available after approval.