Attorney-General's Department (Australia)

History

The Attorney-General's Department is one of seven original Commonwealth Departments of state, commencing with the Commonwealth of Australia on 1 January 1901. It is one of only three departments, along with Defence and Treasury, to have operated continuously under their original name and charter since Federation.

Organisation

The department is organised into five groups, each headed by a Deputy Secretary. These Deputy Secretaries report to the Secretary who co-ordinates and devises departmental structure and policy.

These five groups are:

• Australian Government Solicitor
• Justice and Communities
• National Security and Criminal Justice
• Integrity and International
• Enabling Services.

The Attorney-General's Department is located at the Robert Garran Offices, 3-5 National Circuit, Barton in the Australian Capital Territory.

Departmental Secretary

The permanent secretary of the Attorney-General's Department is the non-political public service head of the department. This role dates from federation, and the first incumbent, Sir Robert Garran, was the first (and for a time the only) public servant employed by the federal government. In that role, he was responsible for overseeing the first federal election and setting up the rest of the federal bureaucracy by transferring state government functions to the federal government.

From 1916, when the position of Solicitor-General of Australia was created as the second law officer and deputy of the Attorney-General, the permanent secretary served concurrently as Solicitor-General, until the two roles were separated in 1964. Under the Law Officers Act passed that year, the Solicitor-General's role was clarified as statutory counsel deputising for the Attorney-General, separate from the role of the permanent secretary.

On the recommendation of the Prime Minister, the Governor-General has appointed the following individuals as Secretary of the department:

Mission and outcomes

The mission of the department is to "deliver programs and policies to maintain and improve Australia's law and justice framework" and to provide legal services to the Australian Government.

Operational functions

In an Administrative Arrangements Order made on 13 May 2025, the functions of the department were broadly classified into the following matters:

• Law and justice, including -
  • Administrative law
  • Alternative dispute resolution
  • Constitutional law
  • Courts and tribunals
  • Human rights
  • International law
  • Law reform
  • Legal assistance
  • Legislative drafting
  • Marriage and family law
• Legal services to the Commonwealth
• Administration of criminal justice, including –
  • Criminal law policy and principles of criminal responsibility
  • Matters relating to prosecution
  • Sentencing and management of federal offenders
  • Internal crime co-operation, including extradition and mutual assistance in criminal matters
• Identity and biometrics
• Administrative support for Royal Commissions and certain other inquiries
• Privacy
• Freedom of Information
• Native title
• Fraud and anti-corruption policy
• Whole of government integrity policy and activities
• Copyright
• National child protection policy and strategy
• Modern Slavery

References

References

1. "CA 5: Attorney-General's Department, Central Office". National Archives of Australia.
2. (23 June 2022). "Administrative Order Arrangements". Commonwealth of Australia.
3. Cornall, Robert. (2 November 2007). "Redefining the role of Government lawyers in today's Public Service – ACLA National Conference 2007".
4. "Who we are". Attorney-General's Department.
5. "Contact us". Attorney-General's Department.
6. "Key People". National Archives of Australia.
7. Whitlam, E.G.. (1983). "Knowles, Sir George Shaw (1882–1947)". National Centre of Biography, Australian National University.
8. Jennings, Rosemary. (2007). "Hook, Edwin John (Ted) (1910–1990)". National Centre of Biography, Australian National University.
9. (5 April 1990). "Obituary: Edwin Hook: Sound lawyer, good officer, reliable friend". The Canberra Times.
10. (10 March 1997). "An Adviser Who Gave His All". The Sydney Morning Herald.
11. Fraser, Malcolm. (3 July 1979). "Retirement of Sir Clarrie Harders".
12. "Title: Senator the Honourable Gareth Evans, Attorney General with Alan Neaves, Secretary of the Attorney General's Department and another". National Archives of Australia.
13. Hawke, Robert. (16 March 1983). "Appointment of permanent heads".
14. "Mr Alan Rose AO". Australian Government Defence Honours and Awards Appeals Tribunal.
15. Keating, Paul. (11 May 1994). "Statement by the Prime Minister".
16. (8 December 1999). "New Secretary Appointed To Attorney-General's Department". Australian Politics.
17. "Management and Accountability". Attorney-General's Department.
18. (February 2009). "New Secretary for Attorney-General's Department". The Australian Journal of Emergency Management.
19. Thomson, Phillip. (1 September 2014). "Retired public servant Roger Wilkins urges colleagues to loosen up". The Sydney Morning Herald.
20. Abbott, Tony. (3 September 2014). "Appointment of Departmental Secretaries".
21. Mannheim, Markus. (3 September 2014). "Chris Moraitis joins the top table in Abbott's latest reshuffle of department heads". The Canberra Times.
22. "Attorney General's Department Annual Report 2020-21".
23. "Secretary of the Attorney-General's Department".
24. "What we do". Attorney-General's Department.
25. (13 May 2025). "Administrative Arrangements Order - 13 May 2025".