Solicitor-General of the Australian Capital Territory

Last updated

Solicitor-General of Australian Capital Territory
Coat of Arms of the Australian Capital Territory.svg
Incumbent
Peter Garrisson AM SC
Justice and Community Safety Directorate
Reports to Attorney-General of the Australian Capital Territory
Appointer ACT Legislative Assembly
Inaugural holderPeter Garrison AM SC
Formation2011

The Solicitor-General of Australian Capital Territory, often referred to as the Solicitor-General, is the territory's Second Law Officer, and the deputy of the Attorney-General. The Solicitor-General can exercise the powers of the Attorney-General in their absence. The Solicitor-General acts alongside the Crown Advocate and Crown Solicitor, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian Capital Territory. [1]

Contents

The Solicitor-General is addressed in court as "Mr/Ms Solicitor". Despite the title, the position is currently occupied by a barrister, though any Australian legal practitioner of at least five years experience is eligible for appointment for a term of no more than seven years. [2] The inaugural and current Solicitor-General is Peter Garrison AM SC . [1] [3]

History and function

The Law Officers Act 2011 (ACT) (the Act) provides for the office of Solicitor-General. The Act provides for an appointment for a term not exceeding seven years, with the possibility of renewal. [2]

Office-holders (2011-present)

NameAppointedConcludedCommentsNotes
Peter Garrison AM SC August 2011IncumbentFormerly Deputy Chief Solicitor [1]

Related Research Articles

<span class="mw-page-title-main">Notary public</span> Civil position that certifies documents and administers oral oaths and affirmations

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. 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 between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

<span class="mw-page-title-main">King's Counsel</span> Honorific for lawyers in some Commonwealth realms

In the United Kingdom and some Commonwealth countries, a King's Counsel is a senior trial lawyer appointed by the monarch of the country as a 'Counsel learned in the law'. When the reigning monarch is a woman, the title is called Queen's Counsel.

A solicitor general or solicitor-general, in common law countries, is usually a legal officer who is the chief representative of a regional or national government in courtroom proceedings. In systems that have an attorney-general, the solicitor general is often the second-ranked law officer of the state and a deputy of the attorney-general. The extent to which a solicitor general actually provides legal advice to or represents the government in court varies from jurisdiction to jurisdiction, and sometimes between individual office holders in the same jurisdiction.

<span class="mw-page-title-main">Justice of the peace</span> Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

The Attorney General of Ireland is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does participate in cabinet meetings when invited and attends government meetings. The current attorney general is Rossa Fanning, SC.

<span class="mw-page-title-main">Law officers of the Crown</span> Chief legal adviser to the Crown

The Law Officers are the senior legal advisors to His Majesty's Government and devolved executives of the United Kingdom. They are variously referred to as the Attorney General, Solicitor General or Advocate General depending on seniority and geography - though other terms are also in use, such as the Counsel General for Wales. Law Officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between Law Officers and the State Attorneys General of the United States or US Attorney General.

<span class="mw-page-title-main">Attorney-General of Australia</span> First law officer of the Crown and chief law officer of the Commonwealth of Australia

The Attorney-General of Australia (AG) is the minister of state of the Commonwealth of Australia and chief law officer of state, charged with overseeing the national legal affairs and public security as the head of the Attorney-General’s Department. The current attorney-general is Mark Dreyfus, who was appointed by Prime Minister Anthony Albanese in June 2022 following the 2022 Australian federal election. By convention, the attorney-general is a lawyer by profession, being either a barrister or solicitor.

The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicitors-general. The current officeholder is Stephen Donaghue, who took office on 16 January 2017 following the resignation of Justin Gleeson.

<span class="mw-page-title-main">Attorney-General's Department (Australia)</span> Federal attorney-general department of the Australian Government

The Attorney-General's Department, also known as the Department of the Attorney-General or AG’s Department, is the national law enforcement and justice department of the federal government of the Commonwealth of Australia. The attorney-general’s department is responsible for the enforcement and compliance of federal law, the administration of justice and the oversight of industrial relations affairs. The department oversees various agencies including the Australian Federal Police (AFP), the national Human Rights Commission (AHRC) and the Commonwealth Director of Public Prosecutions.

<span class="mw-page-title-main">Law Society of Ireland</span> Irish professional association

The Law Society of Ireland is a professional body established on 24 June 1830 and is the educational, representative and regulatory body of the solicitors' profession in Ireland. As of 2020, the Law Society had over eleven thousand solicitor members, a staff of 150 and an annual turnover of over €30m. It is headquartered in Dublin, Ireland's capital city.

<span class="mw-page-title-main">Attorney General of Tonga</span>

The Attorney General of Tonga is Tonga's chief law officer, responsible for supervising Tongan law and advising the government on legal matters. Originally a Cabinet position held jointly with the portfolio of Minister of Justice, the office was made independent in 2009. The current Attorney General is Linda Folaumoetu'i.

<span class="mw-page-title-main">Attorney General of New South Wales</span> Chief law officer for the state of New South Wales, Australia

The Attorney General of New South Wales, in formal contexts also Attorney-General or Attorney General for New South Wales 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.

The Department of Justice is the current Western Australian government department responsible for the provision of high quality and accessible justice, legal, registry, guardianship and trustee services to meet the needs of the community and the Western Australian Government.

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, constitutional law, coronial law and inquiries, criminal law, employment law, government law, native title law, property law, and tort law. The Office frequently instructs barristers with regard to civil matters.

<span class="mw-page-title-main">Solicitor General for New South Wales</span> Second law officer for the state of New South Wales, Australia

Solicitor General for New South Wales, known informally as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General. They can exercise the powers of the Attorney General in the Attorney General's absence. The Solicitor General acts alongside the Crown Advocate, and Crown Solicitor, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian state of New South Wales.

<span class="mw-page-title-main">Minister for Youth Justice (New South Wales)</span> Government minister in New South Wales, Australia

The Minister for Youth Justice, formerly Minister for Justice, is a ministry in the administration of New South Wales. The position supports the Attorney General and was sometimes, although not always, held concurrently with that office.

<span class="mw-page-title-main">Solicitor-General of Queensland</span> Second Law Officer of Queensland

The Solicitor-General of Queensland, known informally as the Solicitor-General, is the state's Second Law Officer, and the deputy of the Attorney-General. The Solicitor-General can exercise the powers of the Attorney-General in their absence. The Solicitor-General acts alongside the Crown Advocate and Crown Solicitor, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian state of Queensland.

<span class="mw-page-title-main">Solicitor-General of Western Australia</span> Second Law Officer of Western Australia

The Solicitor-General of Western Australia, known informally as the Solicitor-General, is the state's Second Law Officer, after the Attorney General who is the state's First Law Officer. The Solicitor-General serves as one of the legal and constitutional advisers of the government in Western Australia. The Solicitor-General usually appears on behalf of the State of Western Australia in the High Court of Australia, in litigation where the State or a Minister is a party or where the Attorney General of Western Australia intervenes in constitutional litigation. Such litigation typically concerns the constitutional validity of legislation, or the validity of executive action by the government.

References

  1. 1 2 3 "Our Leadership Team | ACT Government Solicitor". actgs.act.gov.au. Retrieved 7 June 2022.
  2. 1 2 Law Officers Act2011 (ACT) s 16.
  3. "ACT appoints solicitor-general". ABC News. 23 August 2011. Retrieved 7 June 2022.