Page 3631 - Week 09 - Tuesday, 23 August 2011
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On this basis, it was determined that the functions and duties of the two offices of Solicitor-General and Chief Solicitor could appropriately be performed by one person. Accordingly, the bill provides that one of the functions of the Solicitor-General would be to perform the role of Chief Solicitor as determined by the Attorney-General, and it is anticipated that this is how things will operate for now. The bill does enable the two offices to be filled by separate legal officials if the need arises for this at some point in the future.
The Solicitor-General’s functions will be to act as counsel at the request of the Attorney-General, for the Crown in the right of the territory, the territory, or any other entity. The person appointed to the position will exercise other functions as counsel as directed by the Attorney-General and will exercise any function given to the position under a territory or commonwealth law.
Beyond establishing the role of Solicitor-General, the bill also confers on the Attorney-General the power to issue legal services directions relating to the performance of territory legal work. The directions will provide a framework for the conduct of the ACT’s legal affairs, but leave prime responsibility for the effective and efficient use of legal services with agencies.
The power to issue legal services directions is intended to enable the Attorney-General to protect the legal interests of the ACT in relation to the delivery of legal services and is a mechanism that has been used successfully in the commonwealth and in other jurisdictions.
The existing power to issue model litigant guidelines will be subsumed into this power and will operate in the same manner as the guidelines currently operate. Indeed, the existing guidelines made in 2010 will be preserved under the new Law Officers Act to be established by this bill. These guidelines ensure that litigation conducted on behalf of the territory is in accordance with the highest standards of fairness and honesty, as well as serving to protect the legitimate rights and concerns of opposing parties and the public.
Currently, territory agencies report annually on the measures they have taken to ensure compliance with the model litigant guidelines, as well as reporting on any breaches of the guidelines. This information is included in the Justice and Community Safety Directorate’s annual report. I understand that the opposition will be tabling amendments which will require agencies to report in the same way for compliance with all legal services directions. Although, in the government’s view, the amendments are, strictly speaking, unnecessary, we will nevertheless be pleased to support them.
The increasingly complex constitutional framework that the ACT operates in justifies the establishment of the role of Solicitor-General in the territory. The new position proposed in the bill for debate today will handle complex legal challenges, including constitutional matters and conflicts arising from the territory’s Human Rights Act. It will also raise the status of the ACT in its representation nationally.
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