DPP cannot investigate FWA report

This article was last updated on April 16, 2022

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The Director of Public Prosecution (DPP) announced on Wednesday that he cannot look into the information provided by the Fair Work Australia (FWA) for investigation regarding the Health Services Union (HSU).

DPP Chris Craigie released a formal statement to the media and informed that the report submitted by Fair Work Australia is not a criminal investigation or an evidence brief therefore he cannot analyze the report. He said, “The CDPP is not an investigation agency. It does not have investigative powers and is not able to conduct a criminal investigation. In order for a matter to be assessed as to whether a prosecution should be commenced, a criminal investigation is conducted and a brief of evidence prepared and referred to the CDPP.”

Clarifying further he explained that he has gone through the letter which he received from the office of Fair Work Australia. It was clearly not a criminal investigation and it is not possible for him to accept the report if it is not a criminal investigation or an account of evidence.

He also said, “The letter states that the report does not consider whether any person may have contravened a provision of the criminal law. The material forwarded is not a brief of evidence. The CDPP will examine the material forwarded and consider what further action may need to be taken.”

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