what does an attorney general do in australia

by Immanuel Nienow 4 min read

List of attorneys-general

Order Minister Party Prime Minister Term start
36 Senator George Brandis QC Turnbull 15 September 2015 ( 2015-09-15)
Turnbull 37 Christian Porter 20 December 2017 ( 2017-12-20)
37 Christian Porter Lawyer Morrison 30 March 2021 ( 2021-03-30)
Morrison 38 Senator Michaelia Cash 30 March 2021 ( 2021-03-30)
Feb 4 2022

The Attorney-General of Australia is our nation's First Law Officer. The primary responsibility of this role is to protect the rule of law and the integrity of the Courts. In practice, the Attorney- General delegates many administrative functions of their role to others.Apr 11, 2021

Full Answer

What is the role of the Attorney-General of Australia?

Coronavirus (COVID-19) and the Attorney-General’s Department: Find out how our services are being delivered and how you can access them. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au

What is the role of the Attorney General in the UK?

In Western Australia, an Attorney General has to be a lawyer, and if there was no lawyer among the ministers elected, the office would be that of Minister for …

What if there is no Attorney General in Western Australia?

The role of the NSW Attorney General The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. The Attorney General also has a range of administrative responsibilities regarding the justice

What does the Governor-General of Australia do?

While varying from one jurisdiction to the next due to statutory and constitutional mandates, the role of attorney general typically includes: Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation.

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What is the role of the Attorney General?

Role. The Attorney-General is the minister responsible for legal affairs, national and public security. The Attorney-General also serves as a general legal adviser to the Cabinet, and has carriage of legislation dealing with copyright, human rights and a range of other subjects.

Who is the Attorney General of Australia in 2021?

Since 30 March 2021, the Attorney-General has been Senator Michaelia Cash, a Liberal member of the Australian Senate from Western Australia who replaced fellow Western Australian Christian Porter after a historical rape allegation against him became public.

Who was the King's Counsel?

1 A member of the Protectionist Party, Higgins served in the Labor ministry of Chris Watson, because Labor had no suitably qualified lawyer in Parliament. 2 Hughes took silk in 1909, and became a King's Counsel. 3 Whitlam served as part of a two-man ministry together with Lance Barnard for fourteen days, until the full ministry was commissioned.

Is the Attorney General a lawyer?

By convention, but not constitutional requirement, the Attorney-General is a lawyer by training ( either a barrister or solicitor).

Is the Attorney General a member of the Cabinet?

The Attorney-General is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the Attorney-General is a party politician and their tenure is determined by political factors.

Roles and functions

The department supports the Attorney-General as First Law Officer and the chief legal adviser to government and minister responsible for national security. We also support the Minister for Justice and Minister Assisting the Prime Minister for Counter-Terrorism in law enforcement, criminal justice, counter-terrorism and emergency management.

Structure

Four operational groups carry out the department's role, delivering strategic priorities through a range of policy and program activities. They are:

About the portfolio

The department leads a portfolio that provides expert advice and services. As at 30 June 2017, the portfolio was structured as follows:

Who we are

Information about our organisational structure, our ministers and our portfolio.

Careers

Current vacancies, how to apply for a job and what it is like to work with us.

Accountability and reporting

Budget and spending information, as well as corporate policies, plans and reports.

Connect with us

How to contact us, submit a media enquiry or connect with us on social media.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Who was the Lord Advocate?

After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

What is a lawyer in Australia?

Lawyers in Australia. In Australia, the term ‘lawyer’ refers to any person who has been admitted to the legal profession as a barrister or solicitor. The term ‘lawyer’ describes both barristers and solicitors. However, solicitors and barristers are very different in practice. A solicitor advises clients and prepares documentation.

What does it mean to be an attorney?

Within the United States legal system, ‘attorney’ is short for an attorney at law. It refers to an individual who is able to prosecute, and defend cases in a Court of law. In essence, this means you can only be an attorney if you have passed the bar exam, and have permission to practice in a jurisdiction. Unlike Australia, the United States does ...

What is the difference between a barrister and a solicitor?

However, solicitors and barristers are very different in practice. A solicitor advises clients and prepares documentation. By contrast, barristers are experts in advocacy and preparing cases for trial. Barristers will appear in Court and present their client’s case before a Judge.

Who is Anthony in the legal field?

Anthony is a Paralegal working in our content team, which writes free legal guides aimed at improving public awareness of legal and business issues. Anthony has an interest in simplifying complex legal problems in order to allow people to understand their legal dilemmas.

What is an enduring power of attorney?

An Enduring Power of Attorney is where this appointment lasts where the appointer loses mental capacity.

Is a lawyer considered an attorney?

Unlike Australia, the United States does not draw a distinction between barristers and solicitors, meaning that any lawyer in the United States can be considered an attorney.

What is an attorney in patent law?

In the United States, the term ‘attorney’ refers to lawyers who both deal with documentation and present cases in Court.

What is the role of the Governor General?

The Governor-General acts on the advice of Ministers who are responsible to Parliament (and ultimately, through elections, the Australian people). Key constitutional duties include: Presiding over the Federal Executive Council. Facilitating the work of the Commonwealth Parliament and Government. Dissolving Parliament and issuing writs ...

Who approves the Australian Honours and Awards?

The Governor-General is the Chancellor of the Order of Australia and each year approves awards to recognise the service and contribution of outstanding Australians through the Australian Honours and Awards System.

What are the duties of the Commonwealth?

Key constitutional duties include: 1 Presiding over the Federal Executive Council 2 Facilitating the work of the Commonwealth Parliament and Government 3 Dissolving Parliament and issuing writs for a Federal election 4 Commissioning the Prime Minister; appointing Ministers and Assistant Ministers; and swearing-in other statutory positions 5 Holding and possibly exercising the Reserve Powers.

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Overview

The Attorney-General of Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The Attorney-General is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the Attorney-General is a party politician an…

History

The Attorney-General is nearly always a person with legal training, and eleven former Attorneys-General have received senior judicial appointments after their ministerial service.
Billy Hughes was the longest-serving Attorney-General of Australia, serving for thirteen and a half years over four non-consecutive terms; this included six years during his own prime ministership.
Historically, the attorney-generalship was seen as a stepping stone to higher office – Alfred Deakin, …

Role and functions

The Attorney-General is the minister responsible for legal affairs, national and public security. The Attorney-General also serves as a general legal adviser to the Cabinet, and has carriage of legislation dealing with copyright, human rights and a range of other subjects. They are responsible for the Australian Law Reform Commission and the Australian Commission for Law Enforcement Integrity.

List of attorneys-general

The following individuals have been appointed as Attorney-General for Australia:
Notes
A member of the Protectionist Party, Higgins served in the Labor ministry of Chris Watson, because Labor had no suitably qualified lawyer in Parliament. Hughes took silk in 1909, and became a King's Counsel. Whitlam served as part of a two-man ministry together with Lance Bar…

Attorneys-general of the states and territories

The Australian states each have separate attorneys-general, who are state ministers with similar responsibilities to the federal minister with respect to state law. For attorneys-general of the various states and territories of Australia, see:
• Attorney-General of the Australian Capital Territory
• Attorney-General of New South Wales

See also

• Attorney general
• Justice ministry

External links

• Official website
• Departmental official website

Roles and Functions

  • The department supports the Attorney-General as First Law Officer and the chief legal adviser to government and minister responsible for national security. We also support the Minister for Justice and Minister Assisting the Prime Minister for Counter-Terrorism in law enforcement, criminal justice, counter-terrorism and emergency management. The department provides legal …
See more on ag.gov.au

Structure

  • Four operational groups carry out the department's role, delivering strategic priorities through a range of policy and program activities. They are: 1. Australian Government Solicitor 2. Civil Justice and Corporate Group 3. Criminal Justice Group 4. National Security and Emergency Management Group. Organisation structure alternate text
See more on ag.gov.au

Ministerial Responsibilities

  • As at 30 June 2017, the department had two ministers. Senator the Hon George Brandis QC as Attorney-General is responsible for: 1. law and justice 2. national security 3. legal services 4. courts and tribunals 5. regulatory reform 6. management of government records. www.attorneygeneral.gov.au- external site The Hon Michael Keenan MP as Minister for Justice …
See more on ag.gov.au

About The Portfolio

  • The department leads a portfolio that provides expert advice and services. As at 30 June 2017, the portfolio was structured as follows:
See more on ag.gov.au

Overview

In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen ) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies betwee…

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the Attorney-General is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cashis the current Attorney-General. …

Etymology

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of Englandin the 11th-century. As a variety of French, which was spoken in the law courts, schools, …

Similar offices in non-common law jurisdictions

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Ministerfor a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote