Checklist · Criminal Law

Commonwealth prosecution disclosure tracker (CDPP statement)

Tracker for material in a Commonwealth prosecution against the CDPP Statement on Disclosure. Local statutory disclosure comes first. The Statement's own three limbs apply if the local statute does not already require disclosure.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use in a prosecution conducted by the Commonwealth Director of Public Prosecutions, to list material the investigative agency or the CDPP holds and to record what has been disclosed or withheld. It is not a state brief request.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list documents from a brief index against the Statement's limbs. The prosecutor decides what is disclosed, delayed or withheld.

AI may

  • Build a row for each document or information item the lawyer has already identified
  • Copy a description from the brief index into the row
  • Flag a row with no record of disclosure, inspection or a withhold decision

AI must not

  • Must not decide that material runs counter to the prosecution case or assists a defence
  • Must not mark public-interest immunity, privilege or a statutory bar as made out
  • Must not treat the CDPP summary of state and territory disclosure regimes as read. That summary was not opened

The lawyer checks

  • Any local statutory disclosure duty is identified before the Statement's three limbs are used
  • Each withhold or delay has a basis under the Statement and the defence has been told, unless the Statement says telling them would compromise the reason
  • The obligation is treated as continuing through sentence and after any appeal

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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