It is strongly arguable that s 25 of the Director of Public Prosecutions Act 1984 (Qld) does not confer immunity on a prosecutor in respect of conduct alleged to constitute malicious prosecution — that is, conduct done maliciously and without reasonable and probable cause — because such conduct may fall outside the purposes of the Act. The construction of s 26C of the Public Service Act 2008 (Qld) in this context remains open but is more difficult for a plaintiff. There is no general principle that model litigants are precluded from seeking security for costs.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.