Australia
Prosecution in Australia
A split prosecution service — the Commonwealth Director of Public Prosecutions for offences against Commonwealth law, and each state and territory's own DPP for offences against its law.
Facts on this page were checked against their sources on .
Prosecution in Australia is split along the same line as the law itself. The Commonwealth Director of Public Prosecutions (CDPP) prosecutes offences against Commonwealth law. Offences against the law of a state or territory — which, criminal law being largely a state matter, is most crime — are prosecuted by that state or territory's own Director of Public Prosecutions.
The same idea, explained generally
- What does a prosecutor do?
A prosecutor decides whether a criminal case should be brought, on what charges, and presents it in court. This guide explains the tests applied, the duties owed, and how the role differs between systems.
- Why do justice systems need oversight?
Justice institutions hold coercive powers, often operate out of public view, and make decisions that are hard to reverse. This guide explains the oversight mechanisms built to detect and correct errors, and their limits.
Sources
Sources
How we differ from state and territory DPPs
Commonwealth Director of Public Prosecutions (cdpp.gov.au) · Government publication · link verified 2026-07-26
The Commonwealth DPP's own account (official page, obtained by search retrieval; cdpp.gov.au blocks automated fetching). Supports that the CDPP prosecutes offences against COMMONWEALTH law, while offences against state and territory law are prosecuted by the relevant state or territory Director of Public Prosecutions — the Commonwealth/state split in prosecution. Structural facts only; no verbatim quotation is asserted from a page not read in full.
Commonwealth of Australia Constitution Act (the Australian Constitution)
Parliament of Australia (aph.gov.au) / Federal Register of Legislation · Legislation · 1901-01-01 · link verified 2026-07-26
The founding instrument, read verbatim from the official Parliament of Australia consolidated PDF. Supports: s.51, the ENUMERATED legislative powers of the Commonwealth ('The Parliament shall ... have power to make laws for the peace, order, and good government of the Commonwealth with respect to' 39 heads) — there is NO general criminal-law head; s.107 (Saving of Power of State Parliaments): 'Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue' — so residual power is RESERVED to the States (the US model, the inverse of Canada); s.71 (the judicial power of the Commonwealth vested in the High Court of Australia and other courts); s.77(iii) (the Commonwealth may invest a State court with federal jurisdiction); and s.122 (the territories power). Establishes that criminal law is largely a State/Territory matter with no national code. WAVE 20 ADDITION. Read from the same Federal Register of Legislation text. Supports Commonwealth of Australia Constitution Act, s. 51(vi): “(vi.) The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth:”. Supports Commonwealth of Australia Constitution Act, s. 61: “The executive power of the Commonwealth is vested in the Queen and is exerciseable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.”. Supports Commonwealth of Australia Constitution Act, s. 119: “The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence.”. Cited for the constitutional footing of Commonwealth defence and protective power and for the State-application condition in s. 119. It supports no claim about State or Territory emergency law, none of which was read, and no claim about any other country.