Attorney General of New South Wales

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Attorney-General of New South Wales
Coat of Arms of New South Wales.svg
Coat of arms of New South Wales
Flag of New South Wales.svg
Flag of New South Wales
Michael Daley, official portrait (cropped).jpg
Incumbent
Michael Daley
since 28 March 2023
Department of Communities and Justice
Style The Honourable
Member of
Reports to Premier of New South Wales
Seat 52 Martin Place, Sydney
NominatorPremier of New South Wales
Appointer Governor of New South Wales
on the advice of the premier
Term length At the governor's pleasure
Formation14 April 1824
First holder Saxe Bannister
Deputy Solicitor General
Website www.justice.nsw.gov.au

The attorney general of New South Wales, in formal contexts also attorney-general or attorney general for New South Wales [1] and usually known simply as the attorney general, is a minister in the Government of New South Wales who has responsibility for the administration of justice in New South Wales, Australia. In addition, the attorney general is one of the Law Officers of the Crown. Along with the subordinate solicitor general, crown advocate, and crown solicitor, the attorney general serves as the chief legal and constitutional adviser of the Crown and Government of New South Wales.

Contents

The current attorney general, since 28 March 2023, is Michael Daley.

The attorney general and the ministers administer the portfolio through the Stronger Communities cluster, in particular the Department of Communities and Justice and a range of other government agencies.

Ultimately, the attorney general and the ministers are responsible to the Parliament of New South Wales.

History and function

Sir William Montagu Manning, Solicitor-General: 1844-1848; Chancellor of Sydney University: 1878-1895. SirWilliamMontaguManning.jpg
Sir William Montagu Manning, Solicitor-General: 1844–1848; Chancellor of Sydney University: 1878–1895.
Sir William Charles Windeyer, Judge of the Supreme Court of New South Wales: 1881-1896; Chancellor of Sydney University: 1895-1898. MrJusticeSirWilliamCharlesWindeyer.jpg
Sir William Charles Windeyer, Judge of the Supreme Court of New South Wales: 1881–1896; Chancellor of Sydney University: 1895–1898.
Sir Edmund Barton, Prime Minister of Australia: 1901-1903; Judge of the High Court of Australia: 1903-1920. EBarton1-1.jpg
Sir Edmund Barton, Prime Minister of Australia: 1901–1903; Judge of the High Court of Australia: 1903–1920.
Sir Charles Wade, Premier of New South Wales: 1907-1910; Judge of the Supreme Court of New South Wales: 1920-1922. Wade Charles.gif
Sir Charles Wade, Premier of New South Wales: 1907–1910; Judge of the Supreme Court of New South Wales: 1920–1922.
Sir Edward McTiernan, Justice of the High Court of Australia: 1930-1976. Edward McTiernan 1920s.jpg
Sir Edward McTiernan, Justice of the High Court of Australia: 1930–1976.
Sir Henry Manning, First leader of the Opposition in the Legislative Council: 1941-1958. Sir Henry Manning 1947.jpg
Sir Henry Manning, First leader of the Opposition in the Legislative Council: 1941–1958.

The position of Attorney General has existed since 1824, well before the full establishment of the New South Wales Parliament (in 1856) but coinciding with the establishment of the New South Wales Legislative Council. From the beginning, the attorney general has been the Crown's advisor and representative in legal matters. It was modelled after the office of the Attorney General for England and Wales. As such the attorney general advises and represents the Crown and government departments in court. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments.

The attorney general also has supervisory powers over the prosecution of criminal offences, but is not personally involved with prosecutions. Today, prosecutions are carried out by the Public Prosecution Office and most legal advice to government departments is provided by the Government Legal Service, both under the supervision of the attorney general. The attorney general may appeal cases to the higher courts where, although the particular case is settled, there may be a point of law of public importance at issue. The attorney general is responsible to Parliament for activities of the Department of Justice and has responsibility for the all state's courts and tribunals and the appointment of judges, magistrates and statutory officers in New South Wales.

List of ministers

Attorneys general

The following individuals have served as Attorney General of New South Wales:

OrdinalAttorney General [2] [3] PartyTerm beginTerm endTime in office
1 Saxe Bannister  Not a member of
Legislative Council 		14 April 182413 October 18262 years, 182 days
2 William Henry Moore (acting)13 October 182631 July 1827291 days
3 Alexander Baxter   [5] 1 August 182724 January 18313 years, 176 days
– William Henry Moore (acting)24 January 183124 June 1831151 days
4 John Kinchela  Prior to responsible government25 June 183118 April 18364 years, 298 days
5 John Plunkett 17 September 18365 June 185619 years, 262 days
6 William Manning  No party6 June 185625 August 185680 days
7 James Martin 26 August 18562 October 185637 days
– William Manning 3 October 185625 May 18571 year, 80 days
8 John Darvall 26 May 18577 September 1857104 days
– James Martin QC 7 September 18578 November 18581 year, 62 days
9 Alfred Lutwyche QC 15 November 185821 February 185998 days
10 Lyttleton Bayley 21 February 185926 October 1859247 days
11 Edward Wise 27 October 185913 February 1860109 days
– Sir William Manning QC 21 February 18608 March 186016 days
12 John Hargrave 2 April 186031 July 18633 years, 120 days
– John Darvall QC 1 August 186315 October 186375 days
– James Martin QC   [a] 16 October 18632 February 18651 year, 109 days
– John Darvall QC 3 February 186520 June 1865137 days
– John Plunkett QC 25 August 186521 January 1866149 days
– James Martin QC   [a] 22 January 186626 October 18682 years, 278 days
– Sir William Manning QC 21 October 186815 December 18702 years, 55 days
– Sir James Martin QC   [a] 16 December 187013 May 18721 year, 149 days
13 Edward Butler 15 May 187210 November 18731 year, 179 days
14 Joseph Innes 20 November 18738 February 18751 year, 80 days
15 William Dalley 9 February 187521 March 18772 years, 40 days
16 William Windeyer 22 March 187716 August 1877147 days
– William Dalley QC 17 August 187717 December 1877122 days
17 William Foster 18 December 187720 December 18781 year, 2 days
– William Windeyer 21 December 187810 August 1879232 days
18 Robert Wisdom 13 August 18794 January 18833 years, 144 days
– William Dalley QC 5 January 18836 October 18852 years, 274 days
19 Jack Want 7 October 188521 December 188575 days
20 George Simpson 22 December 188525 February 188665 days
– Jack Want 26 February 188619 January 1887327 days
– William Foster QC   Free Trade 20 January 188718 May 1887118 days
21 Bernhard Wise 27 May 18877 February 1888256 days
– George Simpson QC 10 February 188816 January 1889341 days
22 Edmund Barton   Protectionist 17 January 18897 March 188949 days
– George Simpson QC   Free Trade 8 March 188922 October 18912 years, 228 days
– Edmund Barton QC   Protectionist 23 October 189114 December 18932 years, 52 days
23 Charles Heydon 15 December 18932 August 1894230 days
– George Simpson QC   Free Trade 3 August 18941 December 1894120 days
– Jack Want QC 18 December 189418 April 18994 years, 121 days
24 George Reid QC 19 April 189913 September 1899147 days
– Bernhard Wise QC   Protectionist / Progressive 14 September 189914 June 19044 years, 274 days
25 James Gannon   Progressive 15 June 190429 August 190475 days
26 Charles Wade QC   [b]   Liberal Reform 29 August 190420 October 19106 years, 52 days
27 William Holman   [a]   Labor 21 October 191029 January 19143 years, 100 days
28 David Hall 29 January 191415 November 19162 years, 291 days
  Nationalist 15 November 191623 July 19192 years, 250 days
29 John Garland 23 July 191912 April 1920264 days
30 Edward McTiernan   Labor 12 April 192020 December 19211 year, 252 days
31 Thomas Bavin   Nationalist 20 December 192120 December 1921
– Edward McTiernan   Labor 20 December 192113 April 1922114 days
– Thomas Bavin   Nationalist 13 April 192217 June 19253 years, 65 days
– Edward McTiernan   Labor 17 June 192526 May 19271 year, 343 days
32 Andrew Lysaght 27 May 192718 October 1927144 days
33 Francis Boyce   Nationalist 18 October 19273 November 19303 years, 16 days
– Andrew Lysaght   Labor 4 November 193016 June 1931224 days
34 Joseph Lamaro 16 June 193115 October 1931121 days
  Labor (NSW) 15 October 193113 May 1932211 days
35 Daniel Levy   United Australia 16 May 193217 June 193232 days
36 Henry Manning 18 June 193216 May 19418 years, 332 days
37 Clarrie Martin   Labor 16 May 194123 February 195311 years, 283 days
38 Bill Sheahan 23 February 195315 March 19563 years, 21 days
39 Reg Downing 15 March 195613 May 19659 years, 59 days
40 Ken McCaw   Liberal 13 May 19653 January 19759 years, 235 days
41 John Maddison 3 January 197514 May 19761 year, 132 days
42 Frank Walker   Labor 14 May 19761 February 19836 years, 263 days
43 Paul Landa 1 February 198324 November 19841 year, 297 days
44 Neville Wran (acting) [a] 27 November 198412 December 198415 days
45 Terry Sheahan 12 December 198426 November 19872 years, 349 days
46 Ron Mulock 26 November 198721 March 1988116 days
47 John Dowd   Liberal 25 March 19886 June 19913 years, 73 days
48 Peter Collins 6 June 19913 July 19921 year, 27 days
49 John Hannaford 3 July 19924 April 19952 years, 275 days
50 Jeff Shaw   Labor 4 April 199528 June 20005 years, 85 days
51 Bob Debus 28 June 20002 April 20076 years, 278 days
52 John Hatzistergos 2 April 200728 March 20113 years, 360 days
53 Greg Smith   Liberal 3 April 201123 April 20143 years, 20 days
54 Brad Hazzard 23 April 20142 April 2015344 days
55 Gabrielle Upton 2 April 201530 January 20171 year, 303 days
56 Mark Speakman SC 30 January 201728 March 20236 years, 57 days
57 Michael Daley   Labor 28 March 2023incumbent2 years, 67 days

See also

References

  1. ↑ See, e.g. Attorney General for New South Wales v Burns & Ors , Leahy v Attorney-General for New South Wales and Makin v Attorney General for New South Wales
  2. ↑ O'Neill, Patrick. "New South Wales Attorneys-General 1823+". List of Australian Attorneys-General. Parliament of Australia. Retrieved 15 September 2015.
  3. ↑ "Part 6 Ministries since 1856" (PDF). NSW Parliamentary Record. Parliament of New South Wales . Retrieved 21 January 2021.
  4. ↑ "Mr Alexander Macduff Baxter". Former members of the Parliament of New South Wales . Retrieved 3 May 2019.
  5. ↑ Baxter was subsequently appointed to the Legislative Council on 30 January 1829. [4]
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