13 Appointment s. 13 S. 13(1) amended by No. 18/2005 s. 18(Sch. 1 item 90.2). (1) The Governor in Council may appoint as Chief Crown Prosecutor a person who is an Australian lawyer of not less than 8 years' standing. S. 13(2) amended by No. 36/1995 s. 4(2). (2) Subject to this Part, a person appointed as Chief Crown Prosecutor holds office for a term of 10 years or for the longer term, not exceeding 20 years, that is specified in his or her instrument of appointment and is eligible for re-appointment. 14 Role of Chief Crown Prosecutor The Chief Crown Prosecutor— S. 14(a) amended by Nos 36/1995 s. 10(3), 3/2012 s. 9. (a) subject to the general direction and control of the Director, has control of the day to day management of the Crown Prosecutors and Associate Crown Prosecutors so as to ensure that they perform their functions and duties in an effective, economic and efficient manner; and (b) has, in addition to the functions and powers given to the Chief Crown Prosecutor by or under this or any other Act, all the functions and powers of a Crown Prosecutor. 15 Terms and conditions (1) The Chief Crown Prosecutor is entitled to be paid the same salary as that payable to a judge of the County Court (other than the Chief Judge) under section 10 of the County Court Act 1958. (2) The Chief Crown Prosecutor must not, without the consent of the Director and in accordance with any conditions attached to that consent, engage in the practice of the law or in any paid employment
S. 30 amended by Nos 36/1995 s. 6(1), 2/1998 s. 8(1)(a) (2) (ILA s. 39B(1)). 30 Delegation s. 30 (1) Subject to subsection (2), the Director may, by instrument, delegate to the Chief Crown Prosecutor or to a Crown Prosecutor any function or power of the Director under this Act other than— S. 30(1)(a) amended by Nos 2/1998 s. 8(1)(b), 68/2009 s. 92(1). (a) the power to file an indictment against any person for an offence; and S. 30(1)(b) amended by No. 2/1998 s. 8(1)(c). (b) except as provided by subsection (3), the power to give any authority, sanction or consent required by or under any Act for the commencement of a criminal proceeding; and S. 30(1)(c) substituted by No. 3/2012 s. 17. (c) any function or power the Director has as a member of the Director's Committee in relation to special decisions, as provided by Division 2 of Part 8; and S. 30(1)(ca) inserted by No. 3/2012 s. 17. (ca) a power in relation to the appointment of the Solicitor for Public Prosecutions or Associate Crown Prosecutors; and (d) this power of delegation. S. 30(2) inserted by No. 2/1998 s. 8(2), amended by No. 68/2009 s. 92(2). (2) The Director may only delegate his or her power to discontinue a prosecution to the Chief Crown Prosecutor or a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor and then only if the decision to discontinue the prosecution is not required to be treated as a special decision for the purposes of this Act. S. 30(3) inserted by No. 2/1998 s. 8(2). (3) The Director may delegate his or her power to give any authority, sanction or consent for the commencement of a criminal proceeding required by—
occasioned by illness or other unavoidable cause; or (d) he or she fails, without reasonable excuse, to comply with section 32(6); or S. 34(e) substituted by No. 3/2012 s. 19. (e) the Director, after consulting with the Director's Committee, recommends to the Attorney-General that the Crown Prosecutor be removed from office. S. 35 (Heading) inserted by No. 23/2008 s. 21(3). 35 Pensions of Senior Crown Prosecutors and of their partners and children S. 35(1) amended by No. 23/2008 s. 21(4). (1) A Senior Crown Prosecutor and his or her partner and children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge) and his or her partner and children are entitled to under section 14 of the County Court Act 1958. (2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County Court Act 1958 are liable to be suspended or determined. S. 35(2A) inserted by No. 19/2001 s. 18(1). (2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the County Court Act 1958 may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary. S. 35(3) amended by No. 19/2001 s. 18(2). (3) All pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.