NCJ Number
114120
Journal
Australian and New Zealand Journal of Criminology Volume: 21 Issue: 3 Dated: (September 1988) Pages: 129-143
Date Published
1988
Length
15 pages
Annotation
This article discusses litigation that explores the ramifications of parallel proceedings and of merging civil and criminal functions in the Commonwealth Director of Public Prosecutions (DPP) in Australia.
Abstract
The core issue whether various agencies of the Commonwealth should be regarded as complementary parts of a single entity or whether the traditional view that agencies of the government are separate and distinct 'emanations' should prevail. This issue is examined in the context of legislation which affects the work of the DPP, specifically; the 1983 Director of Public Prosecutions Act, which invests the Director with certain functions in respect to civil remedies; the Proceeds of Crime Act of 1987, which confers powers on the DPP to conduct litigation; and the Cash Transactions Reports Bill of 1987, which is directed at white-collar and organized crime. The Rumpf case is cited as an example of the perils of parallel civil and criminal proceedings. 102 references.