Crown Solicitor's Office (New South Wales)

Last updated

New South Wales
Crown Solicitor's Office
Agency overview
Formed1856
Type Executive agency
Jurisdiction New South Wales
Headquarters60–70 Elizabeth Street, Sydney
Agency executive
  • Karen Smith,
    NSW Crown Solicitor
Parent Agency Department of Communities and Justice
Website www.cso.nsw.gov.au

The New South Wales Crown Solicitor's Office (CSO) is an executive government agency of the New South Wales Department of Justice in Australia that has the role of providing legal services to the government, its agencies, and its statutory authorities. The Office practices in twelve areas of law, namely administrative law, child protection law, commercial law, community law, [1] constitutional law, coronial law and inquiries, criminal law, employment law, government law, native title law, property law, and tort law. [2] The Office frequently instructs barristers with regard to civil matters. [3]

Contents

It was announced on 10 June 2015 that Lea Armstrong [4] would be appointed as Crown Solicitor (to commence 13 July 2015); she became the first woman appointed to that role in New South Wales. [5] Previously John McDonnell followed by Richard Kelly were the Acting Crown Solicitor following the departure of Ian Knight.

History

In 1817, the position of Solicitor for the Crown, or Crown Solicitor, of the colony of New South Wales was created with the appointment of Thomas Wylde. [6] In 1839, a Crown Solicitor for civil matters and another for criminal matters were appointed; but, in 1856, with introduction of responsible government, these roles were merged into that of a single New South Wales Crown Solicitor. [6] In 1902, the first Australian-born New South Wales Crown Solicitor, John Varnell Tillett, was appointed to the position. [6]

During the 1990s, the operations of the Crown Solicitor's Office were commercialised, and the Office was required to compete with the private legal profession for untied government legal work. [6] In 1994, Ian Victor Knight, was appointed to the position; and, in 1996, he commenced a restructuring of the agency, converting its four branches into ten specialist practice groups. [6]

Functions

The Office provides legal services with regard to: [7]

In addition to this, the Office competes with private legal firms and professionals to perform untied, general legal work for government agencies. Although it can act for individuals sued on behalf of the state, [8] the Office cannot, however, provide legal services to the general public, which is the function of LawAccess NSW, per Section 110 of the Legal Profession Act 2004 (NSW). [7] [9]

List of Crown Solicitors

OrdinalCrown SolicitorTerm startTerm endTime in officeNotes
1Thomas Wylde181718224–5 years [10]
2 William Moore (joint appointment)182218274–5 years [11]
Frederick Garling (joint appointment) [a] [12]
vacant182718291–2 years [10]
(2) William Moore 182918344–5 years [11]
3David Chambers183418350–1 years [10]
4Francis Fisher183518393–4 years
5John Moore Dillon (joint appointment)1839185919–20 years
6Francis Fisher (joint appointment)183918390 years
7George Cooper Turner (joint appointment)183918499–10 years
8William Whaley Billyard185018598–9 years
9 John Williams 1859189132 years [13]
10Ernest Augustus Smith189118942–3 years [10]
11George Colquhoun189419016–7 years
12John Varnell Tillett1902193128–29 years
13John Ernest Clark193119419–10 years
14Arthur Harry O'Connor194119464–5 years
15Finlay Patrick McRae1946196114–15 years
16Raymond James McKay1961197614–15 years
17Hugh King Roberts1976199417–18 years
18Ian Victor Knight1994201520–21 years
19 Lea Armstrong 201520193–4 years [14]
19Karen Smith2019incumbent6 years, 178 days [15] >
  1. ↑ There is evidence that Garling may have served as a Crown Solicitor from 1816 or earlier. However, it is referenced that he was the second Crown Solicitor and served alongside Moore on the first occasion; and was not reappointed to the role when the office was re-established in 1829. [12]

References

  1. ↑ "Community Law". Crown Solicitor's Office of New South Wales. Government of New South Wales. Archived from the original on 3 March 2015.
  2. ↑ "Careers". Crown Solicitor's Office of New South Wales. Government of New South Wales. Archived from the original on 9 April 2013.
  3. ↑ "Coin from the Crown". Justinian. Law Press of Australia. 26 November 2010.
  4. ↑ Community Relations Division, freecall 1800 685 449; Justice, NSW Department of. "Secretary, Department of Justice announces appointment of new Crown Solicitor". www.cso.nsw.gov.au.{{cite web}}: CS1 maint: numeric names: authors list (link)
  5. ↑ "Lea Armstrong appointed NSW's first female crown solicitor". Australian Broadcasting Corporation. 10 June 2015. Retrieved 15 June 2015.
  6. 1 2 3 4 5 "History of the Crown Solicitor's Office". Crown Solicitor's Office of New South Wales. Government of New South Wales. Archived from the original on 3 March 2015.
  7. 1 2 "Role of the NSW Crown Solicitor". Crown Solicitor's Office of New South Wales. Government of New South Wales. Archived from the original on 5 March 2015.
  8. ↑ "Who the Crown Solicitor acts for". Crown Solicitor's Office of New South Wales. Government of New South Wales. Archived from the original on 28 July 2013.
  9. ↑ Parliament of New South Wales. "Legal Profession Act 2004, s. 110". AustLII.
  10. 1 2 3 4 "History – CSO Home New South Wales". www.cso.nsw.gov.au. Archived from the original on 31 March 2015. Retrieved 15 June 2015.
  11. 1 2 Mckay, R J (1967). "Moore, William Henry (1788 - 1854)". Australian Dictionary of Biography . National Centre of Biography, Australian National University. ISBN   978-0-522-84459-7. ISSN   1833-7538. OCLC   70677943 . Retrieved 25 February 2021.
  12. 1 2 McIntyre, Joanna (1966). "Garling, Frederick (1775–1848)". Australian Dictionary of Biography . National Centre of Biography, Australian National University. ISBN   978-0-522-84459-7. ISSN   1833-7538. OCLC   70677943 . Retrieved 25 February 2021.
  13. ↑ McCormack, Terri. "John Williams". Dictionary of Sydney. City of Sydney. Retrieved 25 February 2021.
  14. ↑ "Law Society congratulates Lea Armstrong". lawsociety.com.au. Retrieved 22 February 2019.
  15. ↑ NEW CROWN SOLICITOR FOR NSW
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