{"id":"attorney-general-and-solicitor-general-act-1972","name":"Attorney-General and Solicitor-General Act 1972","slug":"attorney-general-and-solicitor-general-act-1972","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173862,"registerId":"vic-attorney-general-and-solicitor-general-act-1972-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Attorney-General and Solicitor-General Act 1972","content":"Version No. 031\n\n**Attorney-General and Solicitor-General Act 1972**\n\n**No. 8305 of 1972**\n\nVersion incorporating amendments as at  \n6 September 2023\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title 1\n\n2 Repeal 1\n\n3 Performance of Attorney-General's functions by Minister 2\n\n4 Office of Solicitor-General 2\n\n5 Functions of Solicitor-General 3\n\n6 Pensions 3\n\n7 Salary sacrifice 6\n\nSchedule 7\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 12\n\n**Version No.** **031**\n\n**Attorney-General and Solicitor-General Act 1972**\n\n**No. 8305 of 1972**\n\nVersion incorporating amendments as at  \n6 September 2023\n\nAn Act relating to the Offices of Attorney-General and  \nSolicitor-General.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title\n\nThis Act may be cited as the **Attorney-General and Solicitor-General Act 1972**.\n\n\t2 Repeal\n\n(1) The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed.\n\nS. 3 amended by No. 25/2023 s. 7(Sch. 1 item 3.1).\n\n\t3 Performance of Attorney-General's functions by Minister\n\nWhere by virtue of any rule of law or practice the Attorney-General is entitled to exercise any power or required to perform any duty, the power may be exercised or the duty performed by any Minister for the time being acting for or on the behalf of the Attorney-General.\n\nNo. 6374 s. 3.\n\n\t4 Office of Solicitor-General\n\nS. 4(1) amended by Nos 51/2003 s. 3, 25/2023 s. 7(Sch. 1 item 3.2).\n\n(1) The Governor in Council may subject to this Act appoint one of Her Majesty's counsel or His Majesty's counsel or a Senior Counsel to be the Solicitor-General and may remove any person so appointed.\n\n(2) The office of Solicitor-General shall not be held by a responsible Minister of the Crown.\n\n(3) The Solicitor-General—\n\nS. 4(3)(a) amended by Nos 9019  \ns. 2(1)(Sch. item 6), 9462  \ns. 2(a) (as amended by No. 9549  \ns. 2(1)(Sch. item 9)), substituted by No. 109/1994 s. 34(4)(a).\n\n(a) shall be paid such salary and allowances as are for the time being payable to a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal);\n\nS. 4(3)(b) amended by No. 23/2008 s. 19(1).\n\n(b) shall not engage in the practice of his or her profession nor in any other employment except in the exercise of the functions of his or her office.\n\nNo. 6374 s. 4.\n\n\t5 Functions of Solicitor-General\n\nThe Solicitor-General—\n\nS. 5(a) amended by No. 25/2023 s. 7(Sch. 1 item 3.3).\n\n(a) may act as counsel for the Crown in right of Victoria and may perform such other duties of counsel as the Attorney-General directs;\n\n(b) subject to this Act may exercise any powers and functions conferred on the Solicitor-General by any Act;\n\nS. 5(c) inserted by No. 35/1996  \ns. 446.\n\n(c) has precedence after the Attorney-General in all cases whatever.\n\nNo. 6374 s. 5.\n\n\t6 Pensions\n\nS. 6(1) amended by No. 9019 s. 2(1)(Sch. item 6), substituted by No. 9462 s. 2(b), amended by Nos 109/1994 s. 34(4)(b)(i)(ii), 23/2008 s. 19(2).\n\n(1) The Solicitor-General and the partner and children of the Solicitor-General shall be entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) and the partner and children of such a judge under Part III of the **Constitution Act 1975** and any such pension shall be liable to be suspended or determined in the same circumstances and to the same extent as pensions under said Part III are liable to be suspended or determined.\n\nS. 6(2) amended by No. 9019  \ns. 2(1)(Sch. item 6), repealed by No. 9462  \ns. 2(b), new s. 6(2) inserted by No. 19/2001 s. 3(1).\n\n(2) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 83AC, 83AF and 83AI of the **Constitution Act 1975** may be commuted and for that purpose sections 83AA to 83AI of that Act apply with such modifications as are necessary.\n\nS. 6(3) repealed by No. 9462  \ns. 2(b),  \nnew s. 6(3) inserted by No. 79/2006 s. 3.\n\n(3) If, on the expiration of his or her term of office as Solicitor-General, a person who served as Solicitor-General for not less than 10 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years—\n\n(a) on that person attaining the age of 65 years he or she, and his or her spouse and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in that subsection as if he or she had only retired from the office of Solicitor-General on attaining that age; and\n\n(b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in that subsection.\n\nS. 6(3A) inserted by No. 79/2006 s. 3.\n\n(3A) Without limiting or otherwise affecting section 83 of the **Constitution Act 1975**, the entitlement of a former Solicitor-General to a pension under this section arising by force of subsection (3) is suspended while he or she holds the office of Judge of the Supreme Court, having been appointed to that office after having attained the age of 65 years.\n\nS. 6(4) amended by No. 19/2001 s. 3(2).\n\n(4) All pensions under this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby appropriated accordingly.\n\nS. 6(5) repealed by No. 9019  \ns. 2(1)(Sch. item 7),  \nnew s. 6(5) inserted by No. 4/2009 s. 37(Sch. 1 item 3).\n\n(5) In this section—\n\n***domestic partner*** of a person means—\n\n(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or\n\n(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);\n\nS. 6(5) def. of *partner* substituted by No. 40/2010 s. 110(1).\n\n***partner*** of a person means the person's spouse or domestic partner;\n\n***spouse*** of a person means a person to whom the person is, or was at the time of the person's death, married.\n\nS. 6(6) inserted by No. 4/2009 s. 37(Sch. 1 item 3).\n\n(6) For the purposes of the definition of ***domestic partner*** in subsection (5)—\n\n(a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\nS. 6(7) inserted by No. 40/2010 s. 110(2).\n\n(7) For the purposes of subsection (1), the definition of ***partner*** as substituted by section 110(1) of the **Superannuation Legislation Amendment Act 2010** applies in respect of the entitlement to a pension of a partner of a Solicitor-General or former Solicitor-General only if the death of the Solicitor-General or former Solicitor-General occurs on or after the commencement of the substituting section.\n\nS. 7  \nrepealed by No. 9863  \ns. 2(Sch.), new s. 7 inserted by No. 83/2008 s. 17.\n\n\t7 Salary sacrifice\n\n(1) The Solicitor-General may by notice in writing to the Attorney-General enter into an arrangement under which the Solicitor-General agrees to receive the whole or part of his or her total amount of future salary as non-salary benefits of an equivalent value.\n\n(2) The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.\n\n(3) A member may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General*.*\n\n(4) The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.\n\n(5) In this section ***non-salary benefits*** has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the **Public Administration Act 2004**.\n\nS. 2.\n\nSchedule\n\n| *Number   of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 6374 | **Solicitor-General Act 1958** | The whole |\n| 6980 | **Solicitor-General (Pensions) Act 1963** | The whole |\n| 7066 | **Judges' Pensions Act 1963** | Section 5 |\n| 7958 | **Solicitor-General (Pensions) Act 1970** | The whole |\n\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Attorney-General and Solicitor-General Act 1972** was assented to on 24 October 1972 and came into operation on 24 October 1972.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Attorney-General and Solicitor-General Act 1972** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 1977, No. 9019/1977**\n\n| Assent Date: | 17.5.77 |\n| --- | --- |\n| Commencement Date: | S. 2(1)(Sch. items 6, 7) on 17.5.77: s. 1(2) |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Attorney-General and Solicitor-General Act 1980, No. 9462/1980** (as amended by No. 9549)\n\n| Assent Date: | 16.12.80 |\n| --- | --- |\n| Commencement Date: | 16.12.80 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Revision (Repeals) Act 1982, No. 9863/1982**\n\n| Assent Date: | 5.1.83 |\n| --- | --- |\n| Commencement Date: | 5.1.83 |\n| Current State: | All of Act in operation |\n\n\n**Constitution (Court of Appeal) Act 1994, No. 109/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | S. 34(4) on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| --- | --- |\n| Commencement Date: | S. 446 on 1.1.97: s. 2(3) |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001**\n\n| Assent Date: | 29.5.01 |\n| --- | --- |\n| Commencement Date: | S. 3 on 30.5.01: s. 2 |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Attorney-General and Solicitor-General (Amendment) Act 2003, No. 51/2003**\n\n| Assent Date: | 16.6.03 |\n| --- | --- |\n| Commencement Date: | 17.6.03: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Justice Legislation (Further Amendment) Act 2006, No. 79/2006**\n\n| Assent Date: | 10.10.06 |\n| --- | --- |\n| Commencement Date: | S. 3 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1 |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008**\n\n| Assent Date: | 3.6.08 |\n| --- | --- |\n| Commencement Date: | S. 19 on 4.6.08: s. 2(1) |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008**\n\n| Assent Date: | 11.12.08 |\n| --- | --- |\n| Commencement Date: | S. 17 on 11.12.08: s. 2(1) |\n| Current State: | This information relates only to the provisions amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009**\n\n| Assent Date: | 10.2.09 |\n| --- | --- |\n| Commencement Date: | S. 37(Sch. 1 item 3) on 1.12.09: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Superannuation Legislation Amendment Act 2010, No. 40/2010**\n\n| Assent Date: | 30.6.10 |\n| --- | --- |\n| Commencement Date: | S. 110 on 1.7.10: Government Gazette 1.7.10 p. 1359 |\n| Current State: | This information relates only to the provision/s amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1 item 3) on 6.9.23: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Attorney-General and Solicitor-General Act 1972** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: establishing the offices of Attorney-General and Solicitor-General with appropriate remuneration and pension arrangements. While it has been amended numerous times (17 amendments noted), these have been technical updates—adjusting pension references to match judicial pensions, adding salary sacrifice provisions, updating relationship definitions to include domestic partners, and changing 'Queen's Counsel' to 'King's Counsel' following the change of monarch. The core scope has not expanded beyond governing these two offices."},"complexity_factors":["Short statute with only 7 operative sections","Minimal defined terms (only 3 definitions in section 6(5): domestic partner, partner, spouse)","Heavy reliance on external references (Constitution Act 1975, Public Administration Act 2004, Relationships Act 2008) for pension calculations and salary sacrifice mechanics rather than setting these out internally","Straightforward conditional logic limited to pension eligibility triggers (10 years service, age 65 thresholds)","Simple administrative structure with no subordinate legislation or regulatory framework apparent in the text","Amendment history visible in the text shows incremental updates rather than structural complexity"],"plain_english_summary":"This Victorian Act sets up the legal framework for two key legal officers: the Attorney-General and the Solicitor-General.\n\n**What it does:**\n\n*   **Attorney-General:** The Act clarifies that if the Attorney-General (Victoria's chief legal officer) is unavailable, another Minister can step in and exercise their powers or perform their duties.\n\n*   **Solicitor-General:** This is a separate, independent legal officer appointed by the Governor in Council (the Governor acting on ministerial advice). To be eligible, the person must be a senior barrister (Queen's Counsel, King's Counsel, or Senior Counsel). Importantly, the Solicitor-General cannot be a government Minister and cannot work privately as a lawyer while holding the office.\n\n**Key functions of the Solicitor-General:**\n*   Acts as the government's main barrister (counsel) in court\n*   Performs other legal work as directed by the Attorney-General\n*   Has precedence (ranking) immediately after the Attorney-General in all legal matters\n\n**Employment benefits:**\n*   **Pay:** The Solicitor-General receives the same salary and allowances as a Supreme Court Judge (excluding the most senior judges)\n*   **Pensions:** The Solicitor-General and their family (spouse, domestic partner, children) are entitled to the same pension benefits as Supreme Court judges, including provisions for commutation (converting pension to a lump sum) and deferred pensions for those who serve at least 10 years but retire before age 65\n*   **Salary sacrifice:** The Solicitor-General can arrange to receive part of their salary as non-cash benefits (like car leases or superannuation contributions) rather than direct pay\n\n**Who it affects:**\nPrimarily affects the Solicitor-General and their family, the Attorney-General, and the Victorian Government's legal operations. It ensures continuity of legal representation for the Crown and provides secure, judge-like employment conditions to attract top legal talent to this independent office."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to assess whether the scope of this Act changed from its original intent. The document appears to contain only structural metadata, version history labels, and status indicators rather than the operative text of the legislation."},"complexity_factors":["The document provided contains almost no substantive legislative content — only metadata, version history headers, and status information","Unable to assess true legal complexity as the operative provisions of the Act are not present in the provided text","Constitutional and administrative law concepts relating to law officer roles can be complex, but cannot be evaluated from this excerpt","The Act dates from 1972, meaning it may use older drafting conventions if full text were available"],"plain_english_summary":"The Attorney‑General and Solicitor‑General Act 1972 establishes and governs Victoria’s two senior law officers: the Attorney‑General as the chief law officer and the Solicitor‑General as deputy and government advocate. It sets the framework for their appointment, powers, and functions.\n\nThis primarily affects government legal operations—how the state gets advice, conducts litigation, and shapes legal policy—which in turn influences legislation, court outcomes, and public administration. The provided document appears to be mostly metadata, not the full Act."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered by later amendments that expanded pension mechanics, modernised relationship definitions and added salary‑sacrifice rules. Pension entitlements and commutation are tied to the Constitution Act 1975 framework and may be suspended (s6(1)–(4)); partner and domestic partner definitions were updated and linked to the Relationships Act 2008 (s6(5)–(6)); salary‑sacrifice was introduced allowing non‑salary benefits by written notice to the Attorney‑General (s7). Core appointment and removal remain with the Governor in Council (s4(1)), and the Attorney‑General retains direction over the Solicitor‑General’s counsel functions (s5(a)). Pensions are payable from the Consolidated Fund (s6(4)), and the officeholder is barred from private practice (s4(3)(b)), shifting costs to public funds and restricting private income opportunities."},"complexity_factors":["Cross‑references to multiple external Acts for pensions, partner definitions and salary‑sacrifice (Constitution Act 1975 s83AA–AI; Public Administration Act 2004 Schedule 1A; Relationships Act 2008)","Detailed pension rules including commutation, suspension and age‑based entitlement (s6, s6(2)–(4), s6(3)–(3A))","Appointment/removal by Governor in Council and limits on holding ministerial office (s4(1)–(2)) creating executive discretion","Salary parity with Supreme Court judges and prohibition on private practice (s4(3)(a)–(b)) affecting labour incentives","Salary‑sacrifice mechanism with formal notice and variation requirements (s7)","Amendment history and evolving definitions (multiple amendment entries and Schedule repeals) increasing interpretive tracing"],"plain_english_summary":"This Act creates and governs the Victorian Solicitor‑General’s office and allows other Ministers to perform the Attorney‑General’s functions (s3). It sets appointment and removal by the Governor in Council, fixes the Solicitor‑General’s salary at judge‑level, prohibits private practice, defines the office’s core legal duties, provides judge‑equivalent pension rights (paid from the Consolidated Fund) and permits voluntary salary‑sacrifice arrangements. It matters to government lawyers, the Attorney‑General’s office, and public finances because it prescribes pay, duties, appointment rules and pension costs."}},"importantCases":[],"_links":{"self":"/api/acts/attorney-general-and-solicitor-general-act-1972","history":"/api/acts/attorney-general-and-solicitor-general-act-1972/history","analysis":"/api/acts/attorney-general-and-solicitor-general-act-1972/analysis","conflicts":"/api/acts/attorney-general-and-solicitor-general-act-1972/conflicts","importantCases":"/api/acts/attorney-general-and-solicitor-general-act-1972/important-cases","documents":"/api/acts/attorney-general-and-solicitor-general-act-1972/documents"}}