New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 36B

36B Disclosures by law enforcement or investigating officers

(1) Law enforcement or investigating officers for alleged offences have a duty to disclose to prosecutors of the alleged offences all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.

(2) The duty of disclosure continues until one of the following happens--

(a) the prosecutor decides the accused person will not be prosecuted for the alleged offence,

(b) the prosecution is terminated,

(c) the accused person is convicted or acquitted.

(3) Law enforcement or investigating officers for alleged offences also have a duty to keep the documents or other things referred to in subsection (1) for as long as the duty to disclose them continues under this section.

(4) Subsection (3) does not affect any other legal obligation about the possession of the documents or other things.

(5) The regulations may make provision about the duties of law enforcement or investigating officers under this section, including about--

(a) the recording of information, documents or other things, and

(b) verification of compliance with a duty imposed by this section.

(6) The duty imposed by this section is in addition to any other duties of law enforcement or investigating officers in connection with the investigation and prosecution of offences.

(7) The duty imposed by this section does not require law enforcement or investigating officers to provide the prosecutor with any information, document or other thing (
"protected material" ) that--

(a) is the subject of a claim of privilege, public interest immunity or statutory immunity, or

(b) would contravene a statutory publication restriction if provided.

(8) The duty of a law enforcement or investigating officer in relation to protected material is to inform the prosecutor of--

(a) the existence of the material, and

(b) the nature of the material and the claim or publication restriction relating to it.

(9) However, a law enforcement or investigating officer must provide the prosecutor with protected material if the prosecutor requests it be provided.

(10) This section does not impose a duty on a law enforcement or investigating officer to provide information, documents or other things if the prosecutor is the Director of Public Prosecutions.

Note--: The Director of Public Prosecutions Act 1986 , section 15A imposes comparable disclosure requirements on law enforcement or investigating officers in relation to the Director of Public Prosecutions.