Attorney-General_for_Australia

Attorney-General of Australia

Attorney-General of Australia

Minister and chief law officer of Australia

The attorney-general of Australia (AG) is the minister of the Commonwealth of Australia who is the chief law officer of the government. They are 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 chosen by prime minister Anthony Albanese on June 2022 following the 2022 federal election.[2] By convention, the attorney-general is a lawyer.

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The attorney-general is one of only four positions in the Commonwealth Government to have continuously been held since federation, along with the prime minister, the minister for defence and the treasurer.[3]

The attorney-general is assisted in his portfolio by the parliamentary secretary to the attorney-general, currently the assistant minister for the Republic Matt Thistlethwaite.[4]

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, Billy Hughes, and Robert Menzies all became prime minister, while John Latham, H. V. Evatt, and Billy Snedden were leaders of the opposition. Lionel Bowen was deputy prime minister under Bob Hawke in the 1980s. Additionally, four former attorneys-general have won appointment to the High Court – Isaac Isaacs, H. B. Higgins, John Latham, Garfield Barwick, and Lionel Murphy. Isaacs later became governor-general.

Role and functions

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. They are responsible for the Australian Law Reform Commission and the Australian Commission for Law Enforcement Integrity.

Functions

Functions of the state and federal attorneys-general include the administration of the selection of persons for nomination to judicial posts and the authorizing of prosecutions. In normal circumstances, the prosecutorial powers of the attorney-general are exercised by the Director of Public Prosecutions and staff; however, the attorney-general maintains formal control—including the power to initiate and terminate public prosecutions and take over private prosecutions.

Statutory criminal law provides that prosecutions for certain offences require the individual consent of the attorney-general. This is generally for offences whose illegality is of a somewhat controversial nature or where there is perceived to be a significant risk that prosecutions of a political nature may be embarked upon. The attorney-general also generally has the power to issue certificates legally conclusive of certain facts (e.g., that the revelation of certain matters in court proceedings might constitute a risk to national security); the facts stated in such certificates must be accepted by the courts and cannot legally be disputed by any parties. The attorney-general also has the power to issue a nolle prosequi with respect to a case, which authoritatively determines that the state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so.

Relationship with the Australian Security Intelligence Organisation

See: Australian Security Intelligence Organisation

List of attorneys-general

The following individuals have been appointed as attorney-general for Australia:[5]

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Notes

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.[6]
3 Whitlam served as part of a two-man ministry together with Lance Barnard for fourteen days, until the full ministry was commissioned.
4 Prime Minister Paul Keating's original choice for Attorney-General in 1993 had been Michael Lavarch, but Lavarch's re-election was delayed by the death of an opposing candidate for the seat of Dickson; Duncan Kerr held the portfolio in the interim until Lavarch won the resulting supplementary election. Kerr served as Attorney-General for 26 days. There was no Attorney-General for the eight days between Duffy's commission ending on 24 March 1993 and Kerr's commission commencing on 1 April 1993.
5 Gallagher served as part of an interim five-person ministry for nine days, until the full ministry was commissioned.

List of assistant ministers for the republic

The position is tasked with promoting the Albanese government's policy of establishing of a republic.[7][4] It is the first such position held by a Commonwealth minister.

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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:

See also

Notes

    References

    1. [1]
      "2018 Parliamentary remuneration and business resources: a quick guide". Parliament of Australia. 6 September 2018. Retrieved 15 June 2019.
    2. [2]
      Worthington, Brett (31 May 2022). "Meet the new cabinet: Who's who in Albanese's new ministry". ABC News. Retrieved 31 May 2022.
    3. [3]
      Elder, DR; Fowler, PE, eds. (June 2018). "Chapter 2: The Ministry". House of Representatives Practice (7th ed.). Canberra, Australia: Commonwealth of Australia. ISBN 978-1-74366-656-2. Retrieved 19 October 2019.
    4. [4]
      "Ministry List as at 1 June 2022" (PDF). Department of Prime Minister and Cabinet. Retrieved 4 June 2022.
    5. [5]
      "Ministries and Cabinets". 43rd Parliamentary Handbook: Historical information on the Australian Parliament. Parliament of Australia. 2010. Archived from the original on 13 August 2014. Retrieved 9 July 2013.
    6. [6]
      "William Morris Hughes: Before office". Australia's Prime Ministers. National Archives of Australia. Retrieved 15 July 2013.
    7. [7]
      Crellin, Zac (2 June 2022). "Here's what's on the agenda for Australia's first-ever Assistant Minister for the Republic". The New Daily. Retrieved 4 June 2022.
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