New South Wales Consolidated Acts

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1986 - SECT 28

28 Attorney General's functions to prevail

(1) The Director shall not, without the consent of the Attorney General, exercise a function in a manner that is inconsistent with the manner in which the Attorney General has, after the commencement of this section, already exercised a function in relation to the same matter.

(2) If the Attorney General has, before the commencement of this section, determined that no bill of indictment be found in respect of an offence, or has directed that no further proceedings be taken against a person in respect of an offence, the Director shall not exercise a function in a manner that is inconsistent with the determination or direction, unless the Director is satisfied that--

(a) significant fresh evidence has been produced that was not previously available for consideration, or

(b) the determination or direction was obtained by fraud,

and that in all the circumstances it is in the interests of justice that the matter be re-opened.