Agency Details

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Agency ID11249
TitleOffice of the Special Prosecutor
Agency TypeStatutory authority
Start Date 13/12/1988
End Date Circa 28/11/1995
Date Notes28 Nov 1995 was the date the "Statute Law Revision (No.2) sch. 6, No. 58, 1995" was assented to.
Abstract

This office was established to assume the prosecution responsibilities for matters associated with the Commission of Inquiry Into Possible Illegal Activities and Associated Police Misconduct (the "Fitzgerald Inquiry").

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Series

Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 13/12/1988 7/12/1989
148Department of the Attorney-General 25/9/1989 24/9/1992
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 24/9/1992
34Department of Justice and Attorney-General 24/9/1992 28/11/1995
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Controlled Agencies

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Finding Aids

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Publication Notes
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Remarks

Information Sources

Queensland Government Gazette, 13 Dec 1988, vol. CCLXXXIX, no. 90A, p. 1745A
Crime and Misconduct Commission - The Fitzgerald Inquiry (1987-89) [report], viewed 2 Jun 2010: http://www.cmc.qld.gov.au/asp/index.asp?pgid=10877
*Office of the Special Prosecutor Annual Report 1991, p. 3. (QSA Item 1423250).
Memorandum 20 May 1993 from F J Clair to all staff re Future Arrangements (QSA Item 1423624).
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Legislation

Establishing Special Prosecutor's Act 1988
Abolishing Statute Law Revision (No.2) sch. 6, No. 58, 1995
Administered Special Prosecutor's Act 1988
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Description
ESTABLISHMENT:
This office was established under the "Special Prosecutor's Act 1988", on 13 Dec 1988. On the same day, a Special Prosecutor, Douglas Paton Drummond, Q.C., was appointed to assume the prosecution responsibilities for matters associated with the Commission of Inquiry Into Possible Illegal Activities and Associated Police Misconduct (the "Fitzgerald Inquiry").

FUNCTIONS:
The Office of the Special Prosecutor was both an investigation and prosecution agency which prepared, instituted and conducted criminal or other specified proceedings "on behalf of Her Majesty".
Note:
The role of this Office differed from the role of the Office of the Director of Prosecutions in that the latter "prosecutes cases which have been investigated, prepared and taken through committal proceedings in the Magistrates Courts by the Queensland Police Service". *

ADMINISTRATIVE STRUCTURE:
The newly-apppointed Special Prosecutor's Office replaced the Commission's Prosecution Task Force, from which it drew some of its staff, but was later expanded to include some police officers - also previously attached to the Commission - and other external recruitment to assist in investigations. The Special Prosecutor's Office evolved out of the Commission but was independent of it. The Office reported to the Department of Justice and Attorney-General. There was a degree of interaction between the staff of both the Special Prosecutor and the Director of Prosecutions offices but, in operational terms, both offices remained separate.

ABOLITION:
The Office of the Special Prosecutor was abolished in 1995, when the "Special Prosecutor's Act 1988" was repealed by the "Statute Law Revision (No.2) sch. 6, No. 58, 1995".
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Preferred Citation

Queensland State Archives Agency ID11249, Office of the Special Prosecutor
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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