The office of the Director of Public Prosecutions has its origins in the United Kingdom in the 19th Century.  The Australian DPPs were created to remove prosecutorial decisions from the political process. By the 1980s, there was a recognition that Attorneys General were unmistakably political creatures, and it was considered in everybody’s interest, including that of politicians, that the executive appoint a person independent of the political process to make what are often very difficult and contentious decisions.

Tasmania introduced a Crown Advocate Act 1973 (Tas) however the first Australian independent Office of the Director of Public Prosecutions was established in Victoria in 1982 (legislation later replaced) and other Australian jurisdictions soon followed suit. The Commonwealth in 1983, Queensland in 1984, New South Wales in 1986, both the ACT and Northern Territory in 1990, South Australia and Western Australia in 1991 and Victoria re-issued a new Act in 1994.

The population of the ACT were historically required to travel to NSW to attend court in either Queanbeyan, Goulburn or Cooma. This was until 1930 when the ACT Court of Petty Sessions was established, where visiting NSW Magistrates would travel to the ACT. The Supreme Court of the Federal Capital Territory was established on 1 January 1934 by the Seat of Government Supreme Court Act 1933, with the first resident judge, Lionel Lukin appointed in 1934. Prosecution services were provided by the Commonwealth Deputy Crown Solicitor’s Office.

In 1974 the ACT’s first Chief Magistrate Charles Kilduff was appointed, however Police Prosecutors continued to appear in the ACT Court of Petty Sessions until the late 1970’s. From the late 1970s prosecutions in the ACT Court of Petty Session were taken over by the Commonwealth Deputy Crown Solicitor’s Office, then from 1983 the newly formed Commonwealth DPP. On 1 February 1986 the Court of Petty Sessions changed name to the ACT Magistrates Court.

Self-government in the ACT commenced on 4 March 1989 and necessitated the shifting of prosecutorial functions from the Commonwealth to the Territory.  The Director of Public Prosecutions Act 1990 (ACT) had unanimous support in the new Legislative Assembly, with both sides emphasising the independence of the newly created role.  The then Attorney General noted in introducing the Bill: The Director of Public Prosecutions is an independent statutory office responsible for prosecuting criminal offences in the name of the Crown. The director’s statutory independence ensures that prosecution decisions are perceived to be and are, in fact, made according to legal considerations and are free from political influence.  [Hansard 31 May 1990].

The ACT Office of the Director of Public Prosecutions commenced operation on 1 July 1991, with the appointment of the first Director Ken Crispin QC. The current Director, Shane Drumgold SC was appointed the ACT’s 5^th Director of Public Prosecutions on 1 January 2019.