Page 3630 - Week 09 - Tuesday, 23 August 2011
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for Police and Emergency Services) (10.17), in reply: I thank members for their support of this bill. The bill establishes a new Law Officers Act which, among other things, will establish the role of Solicitor-General in the territory. The bill will consolidate into one piece of legislation the three main legal offices in the territory, being the new position of Solicitor-General, as well as the existing positions of Attorney-General and Government Solicitor. These positions have already been established in law but in separate legislation.
Establishing the independent statutory position of Solicitor-General will bring the territory into line with other Australian jurisdictions who have already established the role, serving to enhance the ACT’s position in the national arena.
In these jurisdictions, the Solicitor-General is a separate, independent source of high-level legal advice on matters of significance to the jurisdiction’s government. The other main function of a Solicitor-General is to appear as counsel in cases of special government interest, including where the interpretation of the commonwealth constitution is raised and in international cases.
Without an established role of Solicitor-General in the territory, the Chief Solicitor has held the role of principal adviser to the government. In the early days of self-government, the size and nature of the services required by the ACT meant that a separate statutory role of Solicitor-General was not warranted. The nature and scope of the advice provided by the Chief Solicitor was within relatively confined parameters and was generally regarded as part of the ordinary functions of a traditional crown solicitor’s office.
However, the increasing complexity of the constitutional framework in which the ACT operates and the introduction of the ACT Human Rights Act has seen the present Chief Solicitor engage at the highest national levels in relation to legal advice provided to all governments. The Chief Solicitor has also, on behalf of the Attorney-General, appeared as counsel in interventions in the Supreme Court on a regular basis and also in the High Court.
In addition to this, a range of controversial issues have emerged on which Australian solicitors-general have been called upon to give advice, including for the purposes of national ministerial councils. Currently, the significant additional responsibilities assumed by the Chief Solicitor relative to other jurisdictions create an anomalous environment and does not give the ACT equality in its representation nationally.
While it is evident that the territory is now in need of a separate position of Solicitor-General, consideration must be given to size of the jurisdiction. The nature of the ACT as a territory and its relationship with the commonwealth means that constitutional issues are different but nevertheless equally significant in this jurisdiction compared to the Australian states. The size of the jurisdiction, however, also means that it is appropriate for the majority of legal issues to be handled on behalf of the territory without the need for two separate full-time, high-ranking legal officials.
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