The ODPP private briefing panel is a list of advocates from the junior bar selected to appear in District Court trials on behalf of the Director of Public Prosecutions.
These advocates do not have the same legal delegation as Crown Prosecutors. They are however bound by the Prosecution Guidelines and are required to provide independent, efficient, fair and just prosecution services for the people of NSW.
The panel is renewed every 12 months. Barristers at the private bar currently briefed by the ODPP must reapply each year to be eligible to be briefed by the Office.
- How to apply
To ensure the application process is quick and easy, a simple online registration process has been created. This process must be completed in order to be considered for the panel.
Applicants must address all questions as prompted by the online process, and need to nominate two professional referees.
Applicants must provide a short CV (maximum 2 pages) and letter of application (maximum 3 pages) address the criteria detailed on the information sheet. Applicants should also include at least three recent examples of their conduct in criminal trials which have proceeded to a defended hearing, either for the prosecution or defence, including details of the nature of the matter, the name of opposing counsel and the judge presiding.
Applicants will not be interviewed. They will be assessed on their application and experience.
- The selection process
An ODPP selection committee will consider all suitable applicants and consult. referees. The selection committee may consult other people, internal and/or external to the ODPP, beyond the professional referees listed by the applicant.
Applicants will be notified whether or not they are successful in due course.
Successful inclusion on the panel does not guarantee work from the ODPP, and under unusual circumstances the ODPP may be required to private counsel who are not members of the panel.
Successful panel members will be engaged by way of formal briefing which will include a detailed letter of engagement that sets out matter details and relevant terms and conditions.
- Monitoring performance
Performance of the members of the panel is monitored by relevant ODPP staff.
Additional training may be required to ensure the ODPP is provided with a minimum level of performance. In addition, future training programs are proposed to be made available for the attendance of all panel members.
Feedback will be available to panel members where required.
- Fee schedule
Counsel
Preparation* $1250.00 per day INCL GST Brief Fee $1250.00 per day INCL GST Complex matters**
(Preparation and Brief Fee)$1365.00 per day INCL GST
Senior Counsel
District CourtPreparation $1440.00 plus GST Brief Fee $1440.00 plus GST Senior Counsel
Supreme CourtPreparation $1860.00 plus GST Brief Fee $1860.00 plus GST Travel Allowance for Country Sittings
- a daily travel allowance will be paid where there is overnight stay at commercial accommodation at the rate of $300 per 24 hours ($12.50 per hour including GST)
- a travel diary must be kept recording daily travel expenses.
- airfares to and from sittings as well as taxi fares (and excess baggage if applicable) will be paid on presentation of receipts.
- mileage at the rate of $0.66 per kilometre (excluding GST).
---
# Fee schedule is subject to change.
Local Court appearances where required will be paid at an hourly rate; calculated at 1/8 of the daily rate.
* Determination of the number of days for preparation fee is also at the sole discretion of the ODPP. If Counsel believes that additional preparation time is required, an application for further funding will be considered.
** Determination of complex matters will be made at the sole discretion of the ODPP.
- What is covered by your Retainer
If you are briefed to conduct a trial on behalf of the NSW DPP, it is expected as part of accepting this retainer that you will:
- appear at the readiness hearing (if required).
- prepare the matter for trial, including meeting relevant victims and witnesses.
- conduct the trial and any preliminary applications.
- where you form the view during the preparation of the matter that there should be no further proceedings, prepare a written submission to the Director setting out the relevant evidence and the reasons why you have reached this opinion.
- where the defence have made an offer to plead guilty to a lesser charge, prepare a written submission to the Director concerning whether the plea should be accepted. If the plea is accepted you should draft a set of facts.
- where you are of the view that the charges require amendment or further particulars, prepare and submit a written report to the Director about the proposed amendments to the indictment and the particulars.
- if there is a plea of guilty or a finding of guilt at the trial, you should be available, if required, to appear in the sentence proceedings.
- Bound by Prosecution Guidelines
All non-salaried Crown Prosecutors must conduct trials and hearings in accordance with the Prosecution Guidelines of the Office of the Director of Public Prosecutions, NSW.
- For More Information
Should you have any enquiries or wish to make changes to your application, please email panel@odpp.nsw.gov.au.
Private Briefing Panel
Office of the Director of Public Prosecutions NSW
Phone: 02 9285 8606
175 Liverpool Street, Sydney NSW 2000
Locked Bag A8, Sydney South NSW 1232