DPPs mixed on abuse victim reviews

A plan to allow alleged abuse victims to seek reviews of decisions about whether or not to prosecute offenders has met a mixed reaction from Australia's DPPs.

On Friday a third roundtable at the child abuse royal commission held discussions about complaint and oversight mechanisms used by Directors of Public Prosecutions, including whether there should be avenues for victims to seek reviews of decisions not to prosecute and whether there should be external oversight of DPPs.

Each state or territory has different systems in place, and many speaking at the roundtable said police mainly prosecuted the types of case related to the plan.

Victoria's DPP John Champion took the firmest stance and told the group he "hadn't come across a case yet where I felt ... there was a significant failure of our process."

Victims in Victoria are given reasons when a prosecution is dropped and there is no apparent need for further oversight by courts, he said.

"I have not seen evidence that would satisfy me that we in Victoria need a judicial review system."

Judicial reviews of decisions are the "least relevant" option being discussed for victims in NSW according to UNSW Emeritus Professor Mark Aronson, who also highlighted high court cases preventing judicial review of decisions not to prosecute.

Providing written reviews to people in the NT would be impractical and would be better communicated orally, NT Deputy DPP Paul Usher said.

In SA it was police, not DPP lawyers, which prosecute almost all abuse cases and while the state has no formal policy about the roundtable propositions, SA DPP Adam Kimber said the state was moving towards providing written reasons for discontinuing prosecutions - but only on request.

"Explaining things better is part of the responsibility," Mr Kimber said.

NSW Deputy senior public defender Kara Shead said written responses or reviews could help victims understand process.

"It doesn't leave much scope for misunderstanding," she said.

Earlier on Friday the roundtable was played a video discussion between Royal Commission chair Peter McClellan and UK DPP Alison Saunders.

The UK has a two-phase process where alleged victims or members of the public can request reviews of DPP decisions on prosecution.

From June 2013 to December 2015 there have been 4170 requests for reviews and 519 decisions have been overturned, she said.

Friday's roundtable follows March's public hearing into criminal justice issues, where it was revealed that abuse survivors are often short-changed by a system which cannot effectively handle complaints of historical sex abuse because of rigid rules of evidence.

Royal Commission CEO Philip Reed has said the consultation through the public roundtables will help inform the commission's criminal justice policy work and will hear from police, public prosecutors, criminal justice policy officials, academic and practitioner experts and others.