NSW Prosecutor Reveals Consultation with Attorney General Over Independent Review Appointment

The New South Wales Director of Public Prosecutions (DPP), Sally Dowling SC, has disclosed that she engaged in direct discussions with Attorney General Michael Daley regarding the selection of a barrister to lead an independent review into findings against her office.

The revelation, made during budget estimates on Monday, centers on the appointment of Noel Hutley SC to review controversial parliamentary committee findings. Last month, a state parliamentary committee voted 4-3 to conclude that Dowling had provided false evidence regarding the media handling of a story involving an Indigenous child. Specifically, the inquiry scrutinized how a story about the child performing an “acknowledgement of country” during a sentencing hearing was pitched to radio station 2GB.

While Dowling has admitted her office pitched the story, she has consistently denied authorizing the leak. Both she and Attorney General Daley have formally rejected the committee’s findings.

The Selection Process

During the estimates hearing, Dowling testified that Daley reached out to her prior to appointing Hutley to lead the review—a probe that ultimately concluded there was “no positive basis” for the committee’s claim that she had misled parliament.

“He raised quite a number of [senior counsel’s] names that he was considering, including Mr. Hutley’s name,” Dowling told the committee. She explained that out of a pool of roughly eight to 12 potential candidates, she flagged that two were inappropriate due to existing conflicts of interest involving the Office of the Director of Public Prosecutions (ODPP).

Dowling emphasized that she did not believe Hutley had a conflict, though she admitted she disclosed to Daley that she knew the barrister.

Professional and Social Ties

Under persistent questioning, Dowling acknowledged a long-standing relationship with Hutley, dating back to 1997 when she first came to the bar. Describing the nature of their association, she noted they were known to one another both “professionally and socially.”

“I know most of the senior members of the inner bar after 30 years in Sydney,” Dowling stated, defending the appointment. “If Mr. Hutley considered that he had some kind of conflict that meant he shouldn’t accept that from the attorney general, I have total confidence that he would have informed the attorney general of that.”

Dowling also addressed a 2015 incident where she signed a letter of support for Hutley’s candidacy for the NSW Bar Council. She characterized the gesture as routine, noting that she was one of 26 barristers who signed the document a decade ago.

Government Backing

Despite the optics of the consultation process, Attorney General Michael Daley maintains full confidence in the integrity of the review. During his own appearance at the estimates hearing on Monday, Daley rejected suggestions that a close friendship between the two could have compromised the inquiry.

Daley described Hutley’s review—which was assisted by two additional barristers—as an “objective and expert analysis” that successfully highlighted the “shortcomings” of the parliamentary committee’s report.

When asked by committee members whether appointing an interstate lawyer might have provided a more independent perspective, Dowling deferred to the Attorney General, stating: “It’s a matter for the attorney general whom he seeks advice from.”

Both Daley and Hutley were contacted for comment regarding the proceedings.