Term length 10 years Formation 8 August 1824 | Inaugural holder John Stephen | |
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Appointer Governor of New South Wales Website NSW Department of Justice | ||
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. He or she 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 the legal and constitutional advisers of the Crown and its government in the Australian state of New South Wales.
The Solicitor General is addressed in court as "Mr Solicitor" or ''Ms Solicitor''. Despite the title, the position is usually held by a barrister, and almost exclusively by QCs or SCs. Previously a political appointment like the Attorney General is today, since 1922 the Solicitor General is now a professional position within the Department of Justice.
History and function
The Solicitor General operates under the provisions of the Solicitor General Act 1969. Section 2 of the act stipulates that the Solicitor General must be "an Australian lawyer of at least 7 years’ standing" and must not be a Minister of the Crown. The retirement age is set at 72. The Solicitor General acts as Senior Counsel for the Crown in the High Court of Australia and other courts, and advises the Attorney General on civil and criminal matters, including issues of constitutional law. Until 1987, the Solicitor General had the power to initiate Crown appeals at the Court of Criminal Appeal in NSW, it then became the responsibility of the Director of Public Prosecutions.