Attorney-General of Australia

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

List of attorneys-general

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

Notes : A member of the Protectionist Party, Higgins served in the Labor ministry of Chris Watson, because Labor had no suitably qualified lawyer in Parliament. : Hughes took silk in 1909, and became a King's Counsel. : Whitlam served as part of a two-man ministry together with Lance Barnard for fourteen days, until the full ministry was commissioned. : 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. : Gallagher served as part of an interim five-person ministry for nine days, until the full ministry was commissioned.

Former ministerial titles

List of ministers for justice

Parliamentary secretaries

While previously there existed informal titles for junior ministers, since 1980 they have been officially designated parliamentary-secretaries. They have also been titled assistant minister and minister assisting. Parliamentary-secretaries to the attorney-general are listed below.

In 2022, Matt Thistlethwaite was titled the Assistant Minister for the Republic and was tasked with promoting the Albanese government's policy of establishing of a republic. However, he was also formally the Parliamentary Secretary to the Attorney-General.

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:

• Attorney-General of the Australian Capital Territory
• Attorney-General of New South Wales
• Attorney-General of the Northern Territory
• Attorney-General of Queensland
• Attorney-General of South Australia
• Attorney-General of Tasmania
• Attorney-General of Victoria
• Attorney-General of Western Australia

References

References

1. (6 September 2018). "2018 Parliamentary remuneration and business resources: a quick guide".
2. (12 August 2022). "Communique: Meeting of Attorneys-General".
3. Worthington, Brett. (31 May 2022). "Meet the new cabinet: Who's who in Albanese's new ministry". ABC News.
4. (June 2018). "House of Representatives Practice". Commonwealth of Australia.
5. (2010). "Ministries and Cabinets". [[Parliament of Australia]].
6. "William Morris Hughes: Before office". [[National Archives of Australia]].
7. Elder, D. R.. (2018). "House of Representatives Practice". Department of the House of Representatives.
8. (2 June 2022). "Here's what's on the agenda for Australia's first-ever Assistant Minister for the Republic". The New Daily.
9. "Ministry List as at 1 June 2022". Department of Prime Minister and Cabinet.
10. (15 August 2024). "Ministers of State (Notification of Appointment and Direction) Instrument 2024".