From left, Michael Kukulies-Smith, Victoria Engel SC and Andrew Byrnes are all very familiar with the ACT’s court system. Photos: Albert McKnight/Supplied/Michelle Kroll.
CONTENT WARNING: This article refers to family and sexual violence.
The ACT’s top prosecutor has warned that her office is chronically underfunded and may have to start turning some cases away if the situation doesn’t improve.
But in response, defence lawyers have questioned whether the issue is that more funding is needed across the whole justice system and whether prosecutors are only truly considering the strength of cases late in proceedings.
In her annual report for 2024-25, the ACT Director of Public Prosecutions, Victoria Engel SC, said it was abundantly clear that her office could not continue to function with the limited resources provided by the ACT Government.
This week, she told the ABC her office was surviving thanks to the dedication of her prosecutors in the face of an unrelenting workload, but this was not sustainable.
She said that when she took the job 18 months ago, she noticed there had been at least a 10-year funding deficit, even though the number of cases was increasing exponentially. The increase was particularly evident for family and sexual violence.
“I have described my office as the vehicle through which justice is either achieved or not achieved if you’re a victim of crime in Canberra, and presently we are simply not funded to deal with the number of files that are coming into the office,” Ms Engel said.
“So I imagine in particular offence categories, I’ll be saying to the chief police officer, ‘tell me which matters you wish me to prosecute’.”
The ACT is the only jurisdiction that doesn’t have a police prosecution service, which means every file goes to her office.
Ms Engel said she would be very reluctant to have to walk away from family violence cases, but while that would be a very grave step, it was a possibility.
She also said that while Attorney-General Tara Cheyne made a commitment to fix the long-standing funding deficit, that still hadn’t been met.
Himangi Ticku of Andrew Byrnes Law Group says the DPP should be assessing both the brief of evidence and the public interest when it comes to prosecuting matters. Photo: Michelle Kroll.
When responding to Ms Engel’s comments, Andrew Byrnes Law Group’s managing partner Andrew Byrnes said it was one thing to say the DPP was getting too many cases from the police, which may be so, but it was another to almost imply there was an obligation that each of those cases should proceed to trial.
“My worry is that it feels it is only closer to the hearing that prosecutors are truly considering the strengths of a prosecution, leading to a defendant preparing for a case they have to then answer and may incur legal costs in addition to the stress of preparing for a legal hearing,” he said.
“It should always be the case that the Office of the Director of Public Prosecutions (ODPP) carefully considers the interests in the case being brought to hearing.
“Only if this is happening is it appropriate to increase funding. But the more frequent calls for public funding appear to be recent, despite the apparent observations of a 10-year deficit.”
Kamy Saeedi Law partner and lawyer Michael Kukulies-Smith said the number of fresh charges was only one part of the equation.
“Workload is ultimately determined by how many can progress in a given year. That number has not increased dramatically,” he said.
“That’s reflected in the fact that we have increasing backlogs. That will only be addressed by funding across the justice system: courts, the DPP and Legal Aid.
“The solution is not simply increasing the ODPP’s funding.”
Andrew Byrnes Law Group junior partner Himangi Ticku was surprised by Ms Engel saying she may have to ask the chief police officer which matters to prosecute.
“It should be the other way around,” Ms Ticku said.
“The Director of Public Prosecutions should be making both an assessment of the brief and an assessment of the public interest, then be telling the chief police officer which matters should be prosecuted.”
Australian Federal Police Association president Alex Caruana also wants the government to provide more funding for the DPP. Photo: Albert McKnight.
The Australian Federal Police Association has joined the call for urgent funding for the DPP, with president Alex Caruana saying prosecutors were being asked to do more with less each year, just like police.
“Every day that the DPP is under-resourced, the delivery of justice is put at risk,” he said.
“Police officers put enormous effort into investigating and preparing cases for prosecution, and a prosecution service must match that effort with the tools and funding it needs.”
A spokesperson for the ACT Government said in a constrained fiscal environment, the government has demonstrated strong investment across the justice system, including the DPP.
“Through the 2025-26 Budget, we have made targeted investments to support the DPP, both in continuing to invest in and expand the Witness Assistance Scheme, and in ensuring the DPP is resourced to manage the expanded court listings that will occur with the new 10th magistrate,” they said.
“The Attorney-General also supported the DPP’s decision to cease regulatory prosecutions, acknowledging the increasing complexity of the non-regulatory caseload. This step has provided the DPP with increased capacity to focus on complex and serious matters fairly and skillfully.”
