Allegations of 'bullying' and 'misconduct' at the ODPP under investigation; then-acting head denies knowledge of 'job stacking' claims

Questions are swirling about who knew what about staff complaints of alleged misconduct, bullying and job stacking at the Office of the Director of Public Prosecutions (ODPP) last year.

It comes as the then-acting DPP has stated he had no knowledge about at least one of the concerns that have been raised.

A Freedom of Information inquiry was lodged earlier this year to the Justice and Community Safety Directorate (JACS) asking for any correspondence – including emails, letters and memos – sent to Attorney-General Shane Rattenbury’s office regarding complaints or concerns from staff regarding “bullying, inappropriate behaviour or sexual harassment” at the ODPP during 2023.

The FOI request was also after any documents about internal investigations, reports or briefings into allegations of “job stacking” or “awarding positions without proper process”, as well as correspondence between the ODPP and Mr Rattenbury’s office about a “Christmas party or end of year staff event” in 2023.

Region understands an ambulance was called to such an event.

The JACS information officer identified 23 documents related to the FOI request – spanning from 31 August 2023 to 17 April 2024 – but marked them all as “not for release”.

An active investigation and legal privilege were cited as reasons behind the decision.

“Information was also supplied by third parties on the express or implied understanding that the source’s identity would remain confidential,” the officer noted.

Anthony Williamson SC was appointed Acting DPP from May 2023, after former ACT DPP Shane Drumgold took leave (and eventually resigned) during the Board of Inquiry investigation into the Territory’s criminal justice system.

Mr Williamson didn’t secure the DPP role, which was awarded to Victoria Engel SC in March.

Mr Williamson released a statement in response to the claims, specifically stating he has not been contacted by anyone about the hiring allegations.

“I was disappointed to learn through the media that the Attorney-General has referred unspecified allegations of ‘job stacking’ or inappropriate hiring practices to ‘independent authorities’,” he said.

“I have now learned that this apparent referral by the Attorney-General was made at the beginning of this year. No one has contacted me to discuss these concerns, and no investigative agencies have reached out to me.

“I can only infer any investigation has not progressed because there is no substance to these concerns.”

Mr Williamson said he wasn’t aware of “any instances” of job stacking during his time as Acting DPP and that “to the best of my knowledge”, all recruitment processes were conducted within the relevant legislation and associated government guidelines.

He said he’d paused recruitment towards the end of his tenure “out of courtesy” to Ms Engel “so that she could pick her own team going forward”.

“The biggest difficulty that I had with recruitment whilst at the ODPP was that there was not enough of it. The ODPP is chronically underfunded and understaffed. That office needs at least 10 additional prosecutors immediately,” Mr Williamson said.

“I pointed out that there had been a dramatic increase in the amount of very serious matters being referred for prosecution … I argued that there needed to be a commensurate increase in funding, but those arguments fell on deaf ears.

“I also pointed out that the increase in the Territory’s population brought with it an increase in crime, and this required an increase in prosecutorial resources. No further resources were forthcoming.”

Mr Rattenbury confirmed he was made aware of staff complaints about a “range of alleged matters” in the ODPP and requested JACS consider the “most appropriate way” to address them.

“These are very serious and concerning allegations and warrant careful consideration,” he said.

“[It’s been] confirmed that the directorate has taken a number of measures in relation to the complaints, including direct liaison with affected staff and referral of matters to appropriate independent authorities.”

Mr Rattenbury said it wouldn’t be appropriate for him to comment further but noted the complaints were made before Ms Engel’s appointment.

Mr Rattenbury also stated additional funding had been provided to the ODPP in recent years, including funding for an embedded prosecutor in ACT Policing’s SACAT team (based on a proposal put forward Mr Williamson) and Drug and Alcohol Sentencing List funding.

Region approached JACS asking for confirmation of any investigations, which other authorities (if any) were also involved, and who exactly from within the ODPP was being examined.

A spokesperson confirmed the directorate was aware of staff complaints but that it wasn’t appropriate to comment on timeframes, actions or decisions of other independent bodies.

“We have undertaken appropriate actions to examine these allegations, provide support and advice, and make referrals to independent authorities as required,” they said.

“We are committed to protecting the confidentiality and privacy of our staff and cannot comment further.”

JACS has been working with the ODPP on its recruitment activities, including training sessions and providing specialist advice on best-practice recruitment processes.

An ODPP spokesperson confirmed ongoing workplace support had been implemented for staff and there had been a “comprehensive review” of recruitment policies since Ms Engel began in the role.

“The Director of Public Prosecutions takes any allegations of misconduct or bullying exceptionally seriously. It is the Director’s understanding that external referrals for investigation were made soon after her appointment,” they said.

“This process has intentionally been kept at arm’s length from the ODPP to ensure a necessary level of external scrutiny.”

Do you know more about this story? Email editor@region.com.au or cfenwicke@region.com.au.