{"id":"a-2011-30","name":"Law Officers Act 2011","slug":"law-officers-act-2011","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23826,"registerId":"act-a-2011-30-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Law Officers Act 2011","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLaw Officers Act 2011\nA2011-30\nRepublication No 7\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Law Officers Act 2011 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLaw Officers Act 2011\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Attorney-General\nDivision 2.1 General\n5 Position of Attorney-General 3\n6 Attorney-General’s functions 3\n7 Additional functions of Attorney-General 4\n8 Effect of Attorney-General’s functions on certain litigation 4\n9 Change of Attorney-General 4\nDivision 2.2 Legal services directions\n10 Meaning of territory legal work—div 2.2 5\n\nContents\nPage\ncontents 2 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Legal services directions—issue 5\n12 Legal services directions—compliance etc 6\n13 Legal services directions—client legal privilege 6\n14 Legal services directions—performing territory legal work 7\n15 Legal services directions—reporting 7\nPart 3 Solicitor-general\n16 Appointment of Solicitor-General 8\n17 Solicitor-general’s functions and entitlements 8\n18 Leave of absence 9\n19 Solicitor-general must not do other work 9\n20 Disclosure of interests 10\n21 Ending appointment 10\n22 Solicitor-general’s staff 11\n23 Consultants 11\n24 Other arrangements for staff and facilities 11\n25 Delegation by solicitor-general 12\nPart 4 Government solicitor\n26 Government solicitor 13\n27 Government solicitor may act for more than 1 party 14\n28 Chief solicitor 15\n29 Person authorised by chief solicitor 15\n30 Acting in government solicitor’s name 16\n31 Certain references taken to include reference to government solicitor 16\nPart 5 Miscellaneous\n32 Regulation-making power 18\nDictionary 19\nEndnotes\n1 About the endnotes 21\n2 Abbreviation key 21\n\nContents\nPage\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 22\n4 Amendment history 23\n5 Earlier republications 25\n6 Expired transitional or validating provisions 26\n\n\n\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLaw Officers Act 2011\nAn Act about the functions of the Attorney-General, solicitor-general and\ngovernment solicitor, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Law Officers Act 2011.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘authorised person—see\nsection 29 (1) (Person authorised by chief solicitor).’ means that the term\n‘authorised person’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nAttorney-General Part 2\nGeneral Division 2.1\nSection 5\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Attorney-General\nDivision 2.1 General\n5 Position of Attorney-General\nThe Attorney-General is the first law officer of the Territory.\n6 Attorney-General’s functions\nThe Attorney-General’s functions are—\n(a) to be the chief legal representative of—\n(i) the Crown in right of the Territory; and\n(ii) the Territory; and\n(b) to be the principal legal adviser to the Territory; and\n(c) to have responsibility for the administration of law and justice\nin the ACT; and\n(d) to start and conduct litigation on behalf of—\n(i) the Crown in right of the Territory; or\n(ii) the Territory; or\n(iii) a Minister; or\n(iv) a person suing or being sued on behalf of the Territory; and\n(e) to ensure that litigation mentioned in paragraph (d) is started and\nconducted in accordance with proper standards; and\n(f) to exercise any function given to the Attorney-General under\nanother Act; and\n\nPart 2 Attorney-General\nDivision 2.1 General\nSection 7\npage 4 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) to exercise any other function prescribed by regulation.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n7 Additional functions of Attorney-General\nThe Attorney-General also has, in relation to the Territory, the\ntraditional functions, prerogatives and privileges of State\nAttorneys-General, subject to this Act and any other territory law.\n8 Effect of Attorney-General’s functions on certain\nlitigation\nTo remove any doubt, the functions of the Attorney-General,\nincluding the traditional functions, prerogatives and privileges of\nState Attorneys-General, do not prevent, and are taken never to have\nprevented, a person authorised by the Territory, or under a territory\nlaw, from starting or conducting litigation mentioned in section 6 (d)\n(Attorney-General’s functions).\n9 Change of Attorney-General\nAn action, proceeding or matter (whether civil or criminal) by or\nagainst the Attorney-General does not end because of, and is not\naffected by, a change of office-holder.\n\nAttorney-General Part 2\nLegal services directions Division 2.2\nSection 10\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 Legal services directions\n10 Meaning of territory legal work—div 2.2\nIn this division:\nterritory legal work means—\n(a) any work performed by or on behalf of the government solicitor\nin the exercise of its functions; or\n(b) any legal work performed by a person for any of the following:\n(i) the Territory;\n(ii) a body established by a territory law;\n(iii) a company or other entity in which the Territory has a\ncontrolling interest;\n(iv) another entity mentioned in section 26 (3), to the extent that\nthe work relates to the entity’s exercise of a territory\nfunction.\n11 Legal services directions—issue\n(1) The Attorney-General may issue directions (legal services directions)\nthat are to apply—\n(a) generally to territory legal work; or\n(b) to territory legal work being performed, or to be performed, in\nrelation to a particular matter.\n(2) The Attorney-General must issue a legal services direction setting out\nguidelines (the model litigant guidelines) to ensure that proper\nstandards in litigation apply to territory legal work.\n(3) A legal services direction is a notifiable instrument.\n\nPart 2 Attorney-General\nDivision 2.2 Legal services directions\nSection 12\npage 6 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Legal services directions—compliance etc\n(1) Anyone performing territory legal work must comply with a legal\nservices direction.\n(2) A legal services direction may be enforced only by, or on the\napplication of, the Attorney-General.\n(3) The issue of non-compliance with a legal services direction may not\nbe raised in a proceeding (whether in a court, tribunal or other body)\nexcept by or on behalf of the Territory.\n(4) The Attorney-General is not civilly or criminally liable for anything\ndone or omitted to be done in compliance, or purported compliance,\nwith a legal services direction.\n13 Legal services directions—client legal privilege\n(1) If a legal services direction requires a person to give information or\nproduce a document to someone else, the person must not refuse to\ncomply with the direction on the ground of client legal privilege (also\nknown as legal professional privilege) or any other duty of\nconfidence.\n(2) A person performing territory legal work may give information or\nproduce a document relating to the work to the Attorney-General or\na person authorised by the Attorney-General.\n(3) A person is taken not to have breached client legal privilege or any\nother duty of confidence in giving information or producing a\ndocument under subsection (2).\n(4) If a communication that is the subject of client legal privilege is\ndisclosed under subsection (1) or (2), then, despite the disclosure,\nprivilege is taken not to have been waived in relation to the\ncommunication.\n(5) The Legislation Act, s 171 (Client legal privilege) does not apply to\nthis section.\n\nAttorney-General Part 2\nLegal services directions Division 2.2\nSection 14\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Legal services directions—performing territory legal work\n(1) A person performing territory legal work is not civilly liable for\nanything done or omitted to be done honestly and without\nrecklessness—\n(a) in complying with a legal services direction; or\n(b) in the reasonable belief that the act or omission complied with a\nlegal services direction.\n(2) Any civil liability that would, apart from this section, attach to a\nperson attaches instead to the Territory.\n15 Legal services directions—reporting\n(1) Each report prepared by the director-general under the Annual\nReports (Government Agencies) Act 2004 must—\n(a) describe the measures taken by the administrative unit during\nthe financial year to ensure compliance with a legal services\ndirection; and\n(b) provide information concerning any breaches of a legal services\ndirection during the financial year.\n(2) Each director-general (other than the stated director-general) must—\n(a) prepare a report setting out the matters mentioned in\nsubsection (1) (a) and (b) for the administrative unit; and\n(b) give the report to the stated director-general not later than\n21 days after the end of the financial year.\n(3) In this section:\nstated director-general means the director-general of the\nadministrative unit responsible for this Act.\n\nPart 3 Solicitor-general\nSection 16\npage 8 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Solicitor-general\n16 Appointment of Solicitor-General\n(1) The Executive may appoint a person to be the Solicitor-General for\nthe Territory.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) However, the Executive must not appoint a person as\nsolicitor-general unless the person is a legal practitioner and has been\nfor not less than 5 years.\n(3) The solicitor-general must be appointed for not longer than 7 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(4) The conditions of appointment of the solicitor-general are the\nconditions agreed between the Executive and the solicitor-general\nthat are stated in the appointment, subject to any determination under\nthe Remuneration Tribunal Act 1995.\n(5) The appointment of the solicitor-general is a notifiable instrument.\n17 Solicitor-general’s functions and entitlements\n(1) The solicitor-general’s functions are—\n(a) to act, at the request of the Attorney-General, as counsel for—\n(i) the Crown in right of the Territory; or\n(ii) the Territory; or\n(iii) any other entity; and\n\nSolicitor-general Part 3\nSection 18\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) to exercise other functions of counsel as the Attorney-General\ndirects; and\n(c) to exercise the chief solicitor’s functions if the Attorney-General\ndirects the solicitor-general to exercise those functions; and\n(d) to exercise any function given to the solicitor-general under this\nAct, another territory law or a law of the Commonwealth.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) A direction under subsection (1) (c) is a notifiable instrument.\n(3) If a direction under subsection (1) (c) is in force, the solicitor-general\nis taken to be the chief solicitor for all purposes.\n(4) The solicitor-general is entitled to the following when exercising the\nsolicitor-general’s functions:\n(a) to practise as a legal practitioner in any court;\n(b) to all the rights and privileges of a legal practitioner who holds\na current unrestricted practising certificate under the Legal\nProfession Act 2006.\n18 Leave of absence\nThe Attorney-General may grant leave of absence to the\nsolicitor-general on the conditions about remuneration and otherwise\nthat the Attorney-General decides.\n19 Solicitor-general must not do other work\n(1) The solicitor-general must not, without the Attorney-General’s\nconsent, do either of the following except when exercising the\nsolicitor-general’s functions:\n(a) practise as a legal practitioner;\n(b) have paid employment.\n\nPart 3 Solicitor-general\nSection 20\npage 10 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, if a direction under section 17 (1) (c) (Solicitor-general’s\nfunctions and entitlements) is in force, subsection (1) does not apply\nin relation to the exercise of the chief solicitor’s functions.\n20 Disclosure of interests\nThe solicitor-general must give written notice to the\nAttorney-General of all direct or indirect financial interests that the\nsolicitor-general has or acquires—\n(a) in a business, whether in the ACT or elsewhere; or\n(b) in a corporation carrying on a business mentioned in\nparagraph (a).\n21 Ending appointment\n(1) The Executive may end the appointment of a person as\nsolicitor-general for—\n(a) misbehaviour; or\n(b) physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions; or\n(c) failing to comply with section 19 (Solicitor-general must not do\nother work).\n(2) The Executive must end the person’s appointment if the person—\n(a) becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(b) is absent, other than on leave granted under section 18 (Leave of\nabsence), for 14 consecutive days or for 28 days in any\n12-month period; or\n\nSolicitor-general Part 3\nSection 22\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) fails, without reasonable excuse, to comply with the person’s\nobligations under section 20 (Disclosure of interests).\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n22 Solicitor-general’s staff\n(1) This section applies if a direction under section 17 (1) (c)\n(Solicitor-general’s functions and entitlements) is in force.\n(2) The solicitor-general may employ staff on behalf of the Territory.\n(3) The solicitor-general’s staff must be employed under the Public\nSector Management Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the\nsolicitor-general in relation to the employment of staff (see Public Sector\nManagement Act 1994, s 152).\n23 Consultants\n(1) The solicitor-general may, for the Territory, engage consultants to, or\nto perform services for, the solicitor-general.\n(2) Consultants are to be engaged on written terms decided by the\nsolicitor-general that are approved by the Attorney-General.\n(3) However, this section does not give the solicitor-general a power to\nenter into a contract of employment.\n24 Other arrangements for staff and facilities\nThe solicitor-general may arrange with the head of service to use the\nservices of a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n\nPart 3 Solicitor-general\nSection 25\npage 12 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Delegation by solicitor-general\nThe solicitor-general may delegate the solicitor-general’s functions\nunder a territory law to an authorised person.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nGovernment solicitor Part 4\nSection 26\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Government solicitor\n26 Government solicitor\n(1) The Government Solicitor for the Territory is established.\nNote Established includes continued in existence (see Legislation Act, dict,\npt 1, def establish).\n(2) The government solicitor is a body corporate.\n(3) The government solicitor may act as legal practitioner for—\n(a) the Crown in right of the Territory; or\n(b) the Territory; or\n(c) a person suing or being sued on behalf of the Territory; or\n(d) a Minister; or\n(e) a body established under an enactment; or\n(f) a company or other entity in which the Territory or a territory\nentity has a controlling interest; or\n(g) a person if the person—\n(i) is a public employee; or\n(ii) was a public employee; or\n(iii) is or was an officer or employee of a company, joint\nventure or trust in which the Territory or a territory entity\nhas a controlling interest; or\n(h) a person holding office under an enactment; or\n(i) a person who is or was a trustee, director or board member of a\ncompany, joint venture or trust in which the Territory or a\nterritory entity has a controlling interest; or\n\nPart 4 Government solicitor\nSection 27\npage 14 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) the government solicitor (however described) of the\nCommonwealth, a State, another Territory or a foreign country,\nby arrangement, as agent on behalf of clients of that solicitor; or\n(k) any other entity for whom the Minister requests the government\nsolicitor to act.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(4) The government solicitor is entitled to the following when acting as\nmentioned in subsection (3):\n(a) to practise as a legal practitioner in any court;\n(b) to all the rights and privileges of a legal practitioner who holds\na current unrestricted practising certificate under the Legal\nProfession Act 2006.\n(5) Subsection (3) (f), (g) (ii) and (iii) and (i) apply to a matter only if the\nchief solicitor decides that the Territory has an interest in the outcome\nof the matter.\n(6) In this section:\nterritory entity—see the Auditor-General Act 1996, dictionary.\n27 Government solicitor may act for more than 1 party\nThe government solicitor may act in a matter for 2 or more parties\nwho have conflicting interests in the matter if it has been approved by\nthe Attorney-General—\n(a) in relation to the particular matter; or\n(b) by written arrangements covering the circumstances in which\nthe government solicitor may act for 2 or more parties.\n\nGovernment solicitor Part 4\nSection 28\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Chief solicitor\n(1) The chief solicitor may act personally in the government solicitor’s\nname.\n(2) The chief solicitor is entitled to the following when acting in the\ngovernment solicitor’s name:\n(a) to practise as a legal practitioner in any court;\n(b) to all the rights and privileges of a legal practitioner who holds\na current unrestricted practising certificate under the Legal\nProfession Act 2006.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n29 Person authorised by chief solicitor\n(1) The chief solicitor may authorise a qualified officer of the relevant\nadministrative unit to act in the government solicitor’s name\n(an authorised person), either generally or as stated in the\nauthorisation.\n(2) An authorisation is a notifiable instrument.\n(3) An authorised person is responsible to the chief solicitor and, through\nthe chief solicitor, to the Attorney-General.\n(4) An authorised person must comply with a direction (if any) given to\nthe person by the chief solicitor.\n(5) Anything done or omitted to be done by an authorised person under a\ndirection given to the person by the chief solicitor is taken to have\nbeen done or omitted to be done by the chief solicitor personally.\n(6) In this section:\nqualified officer means an officer who is a legal practitioner.\n\nPart 4 Government solicitor\nSection 30\npage 16 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Acting in government solicitor’s name\n(1) Anything done in the government solicitor’s name under the direction\nor authority of the chief solicitor or an authorised person is taken to\nhave been done by the government solicitor.\n(2) However, the chief solicitor or an authorised person has, in relation\nto a relevant thing, the duties and obligations that the chief solicitor\nor person would have if the thing had been done or omitted to be done\nin the course of practise by the chief solicitor or person as a legal\npractitioner.\n(3) In this section:\nrelevant thing, in relation to a person, means anything done or\nomitted to be done by the person, or by anyone at the person’s\ndirection or under the person’s authority, in the government\nsolicitor’s name.\n31 Certain references taken to include reference to\ngovernment solicitor\n(1) In a relevant instrument, a reference to the Crown Solicitor for the\nCommonwealth, a Deputy Crown Solicitor for the Commonwealth,\nthe Australian Government Solicitor or a director of legal services for\nthe Commonwealth includes a reference to the government solicitor.\n(2) In this section:\nrelevant instrument means an instrument relating to the Territory, the\ngovernment of the Territory or any asset, right, liability or obligation\nof the Territory, and includes—\n(a) a statutory instrument; and\n(b) an award, other determination or order or an industrial\nagreement; and\n\nGovernment solicitor Part 4\nSection 31\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) any other order (whether executive, judicial or otherwise); and\n(d) a contract, agreement or arrangement; and\n(e) a pleading in, or process issued in connection with, a legal or\nother proceeding.\n\nPart 5 Miscellaneous\nSection 32\npage 18 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n32 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• administrative unit\n• Attorney-General\n• Chief Minister\n• corporation\n• director-general (see s 163)\n• document\n• entity\n• exercise\n• function\n• head of service\n• instrument (see s 14)\n• legal practitioner\n• Minister (see s 162)\n• person (see s 160)\n• public servant\n• public service\n• statutory instrument (see s 13)\n• territory law\n• the Territory.\nAttorney-General includes, if no Minister is designated\nAttorney-General by the Chief Minister, the Minister for the time\nbeing administering this Act.\nauthorised person—see section 29 (1) (Person authorised by chief\nsolicitor).\nchief solicitor means the person performing the duties of Chief\nSolicitor in the public service.\n\nDictionary\npage 20 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nenactment means an Act or subordinate law.\ngovernment solicitor means the Government Solicitor for the\nTerritory established under section 26.\nlegal services directions—see section 11 (1) (Legal services\ndirections—issue).\nmodel litigant guidelines—see section 11 (2) (Legal services\ndirections—issue).\nrelevant administrative unit means the administrative unit to which\nthe Chief Minister has, under the Public Sector Management\nAct 1994, section 14 (1) (b) allocated responsibility for this Act.\nsolicitor-general means the Solicitor-General for the Territory\nappointed under section 16.\nterritory legal work, for division 2.2 (Legal services directions)—see\nsection 10.\n\nEndnotes\nAbout the endnotes 1\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 22 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nLaw Officers Act 2011 A2011-30\nnotified LR 29 August 2011\ns 1, s 2 commenced 29 August 2011 (LA s 75 (1))\nremainder commenced 31 August 2011 (s 2 and CN2011-9)\nas amended by\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.15\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.15 commenced 3 June 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.42\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.42 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.52, sch 4\npt 4.109\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.52, sch 4 pt 4.109 commenced 26 November 2025\n(s 2 (3), (9))\n\nEndnotes\nAmendment history 4\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nLegal services directions—issue\ns 11 am A2025-29 amdt 4.109\nLegal services directions—reporting\ns 15 am A2015-16 amdt 1.19; ss renum R5 LA\nAppointment of Solicitor-General\ns 16 am A2025-29 amdt 4.109\nSolicitor-general’s functions and entitlements\ns 17 am A2025-29 amdt 4.109\nSolicitor-general must not do other work\ns 19 am A2025-29 amdt 3.180\nSolicitor-general’s staff\ns 22 sub A2016-52 amdt 1.111\nOther arrangements for staff and facilities\ns 24 sub A2016-52 amdt 1.112\nPerson authorised by chief solicitor\ns 29 am A2025-29 amdt 4.109\nRegulation-making power\ns 32 am A2025-29 amdt 4.109\nSignatures\ns 33 exp 1 March 2012 (s 33 (4) (a))\nLegislation amended—sch 1\ns 34 om LA s 89 (3)\nLegislation repealed\ns 35 om LA s 89 (3)\nTransitional\npt 6 hdg exp 31 August 2014 (s 39)\nModel litigant guidelines\ns 36 exp 31 August 2014 (s 39)\nAuthorisations under Government Solicitor Act\ns 37 exp 31 August 2014 (s 39)\n\nEndnotes\n4 Amendment history\npage 24 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTransitional regulations\ns 38 exp 31 August 2013 (s 38 (4))\nExpiry—pt 6\ns 39 exp 31 August 2014 (s 39)\nConsequential amendments\nsch 1 om LA s 89 (3)\nDictionary\ndict am A2016-52 amdt 1.113\n\nEndnotes\nEarlier republications 5\nR7\n26/11/25\nLaw Officers Act 2011\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n31 Aug 2011\n31 Aug 2011–\n29 Feb 2012\nnot amended new Act\nR2\n1 Mar 2012\n1 Mar 2013–\n31 Aug 2013\nnot amended expiry of provision\n(s 33)\nR3\n1 Sept 2013\n1 Sept 2013–\n31 Aug 2014\nnot amended expiry of provision\n(s 38)\nR4\n1 Sept 2014\n1 Sept 2014–\n2 June 2015\nnot amended expiry of\ntransitional\nprovisions (pt 6)\nR5\n3 June 2015\n3 June 2015–\n31 Aug 2016\nA2015-16 amendments by\nA2015-16\nR6\n1 Sept 2016\n1 Sept 2016–\n25 Nov 2025\nA2016-52 amendments by\nA2016-52\n\nEndnotes\n6 Expired transitional or validating provisions\npage 26 Law Officers Act 2011\nEffective: 26/11/25\nR7\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and regulating the ACT's law officers. While amendments have been made (notably in 2015, 2016, and 2025), these appear to be technical updates, machinery changes, and clarifications rather than expansion into new substantive areas. The 2025 amendments appear to be standard statute law amendments. The original transitional provisions have expired and been removed as scheduled, which is normal legislative maintenance rather than scope creep."},"complexity_factors":["Short statute (32 sections plus dictionary)","Minimal cross-referencing—primarily references to the Legislation Act 2001 and Public Sector Management Act 1994 for standard administrative matters","Straightforward structure: 5 Parts covering Preliminary, Attorney-General, Solicitor-General, Government Solicitor, and Miscellaneous","Limited conditional logic—mostly direct grants of function with simple exceptions (e.g., section 19(2) carve-out for when Solicitor-General acts as Chief Solicitor)","11 defined terms in the Dictionary, most being simple signpost definitions or standard terms","No nested exceptions or complex temporal provisions (transitional provisions have expired and been removed)","Clear delineation of roles without overlapping jurisdictions"],"plain_english_summary":"This Act sets up the legal framework for the ACT's top lawyers: the Attorney-General, the Solicitor-General, and the Government Solicitor.\n\n**What it does:**\n- **Attorney-General**: Establishes the Attorney-General as the ACT's 'first law officer'—the chief legal representative and principal legal adviser to the Territory. They can start and conduct court cases on behalf of the ACT, Ministers, or public servants, and must ensure litigation meets proper standards. They can also issue 'legal services directions'—binding rules about how legal work for the government must be done, including 'model litigant guidelines' (rules requiring the government to behave fairly in court).\n- **Solicitor-General**: Creates a senior legal officer appointed by the Executive (the Chief Minister and Ministers) for up to 7 years. They act as senior counsel (a type of barrister) for the Territory when requested by the Attorney-General, and can step in to run the Government Solicitor's office if directed. They must be experienced lawyers (5+ years) and generally cannot do private legal work or other paid employment without permission.\n- **Government Solicitor**: Establishes a body corporate (a legal entity) that acts as the government's in-house law firm. It can represent the ACT, Ministers, public servants, government-owned companies, and even other governments by arrangement. The Chief Solicitor runs this office and can authorise other lawyers to act on its behalf.\n\n**Who it affects:**\n- ACT Government agencies and public servants who need legal advice or representation\n- Ministers and the Territory itself in legal matters\n- The Solicitor-General and Government Solicitor staff in terms of their employment conditions and powers\n- Anyone suing or being sued by the ACT (because it governs how the government conducts litigation)\n\n**Why it matters:**\nThis Act ensures the ACT Government has proper legal representation, maintains ethical standards in litigation, and centralises control over government legal work. It prevents conflicts of interest by restricting the Solicitor-General's outside work and ensures accountability through reporting requirements and legal services directions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as republished includes amendments affecting several substantive provisions. The amendment history shows changes made by the Annual Reports (Government Agencies) Amendment Act 2015 (affecting reporting, s 15), the Public Sector Management Amendment Act 2016 (affecting staff and facility arrangements, ss 22 and 24), and the Statute Law Amendment Act 2025 (A2025‑29) which amended provisions including legal services directions (s 11), the Solicitor‑General appointment and functions (ss 16–17), restrictions on outside work (s 19), the person authorised by the chief solicitor (s 29), and the regulation‑making power (s 32) (see Endnotes 3–4). Those amendments alter the scope and mechanics of direction‑making, appointment and delegation rules, reporting obligations and staff arrangements compared with the original 2011 text; a user applying the law must read the updated sections and the amendment history to understand current scope (Endnotes 3–4)."},"complexity_factors":["Multiple offices with overlapping roles (Attorney‑General, Solicitor‑General, Chief Solicitor, Government Solicitor) requiring cross‑reference (s 5–6, s 16–17, s 26–31).","Legal services directions that (a) are mandatory for territory legal work, (b) override client legal privilege for compliance, and (c) are enforceable only by the Attorney‑General (s 11–13).","Liability reallocation: civil liability for honest compliance shifts from individuals to the Territory (s 14), creating contingent public fiscal exposure.","Requirements for public sector reporting and internal reporting chains (director‑generals, stated director‑general) that spread compliance obligations across administrative units (s 15).","Delegation, authorisation and notifiable instruments appear in several places, increasing procedural steps and public‑record requirements (s 16(5), s 17(2), s 29(2)).","Frequent cross‑references to external Acts and definitions (Legislation Act, Public Sector Management Act, Legal Profession Act), which require reading other laws to resolve precise meanings (see notes and dictionary).","Amendment history and staged commencements (endnotes) mean different versions and commencement dates must be tracked when applying the Act (endnotes 3–4)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out the legal offices, powers and workplace rules for the Territory’s principal legal officers and the Government Solicitor. Mechanically, it:\n\n- Establishes the Attorney-General as the first law officer and lists the Attorney-General’s core responsibilities, including acting as chief legal representative and principal legal adviser to the Territory, responsibility for administration of law and justice, and starting or conducting litigation for the Territory and related persons (see sections 5–6). (s 5, s 6)\n\n- Authorises the Attorney‑General to issue legal services directions that apply to \"territory legal work\", requires a model litigant guideline, and makes those directions a notifiable instrument (see section 11). Persons doing territory legal work must comply; the Attorney‑General controls enforcement (see section 12). (s 11, s 12)\n\n- Creates rules that require disclosure and permit compelled disclosure of information and documents to the Attorney‑General for compliance with legal services directions, and treats such disclosure as not waiving legal professional privilege (see section 13). (s 13)\n\n- Protects persons who act honestly in complying with legal services directions from civil liability and shifts any civil liability that would otherwise attach to the individual to the Territory (see section 14). (s 14)\n\n- Establishes the office of Solicitor‑General, fixes minimum qualifications and maximum term length, sets the Solicitor‑General’s functions (usually to act at the Attorney‑General’s request and to perform other functions the Attorney‑General directs), restricts outside paid work without consent, requires disclosure of financial interests, and sets grounds and processes for ending an appointment (see sections 16–21). (s 16, s 17, s 19, s 20, s 21)\n\n- Establishes the Government Solicitor as a body corporate, lists the classes of clients the Government Solicitor may act for, allows the Government Solicitor to act for more than one party with Attorney‑General approval, and provides rules for delegation and authorising officers to act in the Government Solicitor’s name (see sections 26–31). (s 26, s 27, s 29, s 30)\n\n- Requires reporting by administrative units about compliance with legal services directions as part of annual reports (see section 15). (s 15)\n\n- Provides a regulation‑making power (see section 32). (s 32)\n\nOfficially stated purposes and the Act’s mechanics\n\n- The Act frames the Attorney‑General’s role as ensuring proper standards in litigation and requires model litigant guidelines (the Act therefore claims to promote proper standards in territory litigation) (s 6, s 11(2)). (s 6, s 11(2))\n\n- To achieve that, the Act gives the Attorney‑General authority to direct how territory legal work is performed (s 11), makes compliance mandatory for anyone performing territory legal work (s 12(1)), centralises enforcement and the exclusive power to seek enforcement with the Attorney‑General (s 12(2)), and requires annual reporting on compliance and breaches by administrative units (s 15). (s 11, s 12(1)–(2), s 15)\n\nCosts, incentives, trade‑offs and implementation features (what changes in behaviour and who bears costs)\n\n- Compliance burden on public legal staff and administrative units: Anyone performing territory legal work must follow legal services directions (s 12(1)). Administrative units must include compliance measures and report breaches in annual reports; director‑generals must prepare and submit unit reports to the stated director‑general (s 15(1)–(2)). These provisions create ongoing administrative and compliance tasks for public servants and agency managers. (s 12(1), s 15(1)–(2))\n\n- Centralised discretion and enforcement concentration: The Attorney‑General issues directions, enforces them, and is the only person or entity who can apply to enforce non‑compliance (s 11(1), s 12(2)). The Attorney‑General is also protected from civil or criminal liability for actions taken in compliance or purported compliance with a legal services direction (s 12(4)). This concentrates decision and enforcement authority in the Attorney‑General. (s 11(1), s 12(2), s 12(4))\n\n- Confidentiality and privilege: A legal services direction can require production of information or documents; a person must not refuse on the ground of client legal privilege or other duty of confidence. Disclosures to the Attorney‑General or authorised persons are treated as not having waived privilege (s 13). This changes the usual confidentiality regime for communications within territory legal work when a legal services direction requires disclosure. (s 13(1)–(4))\n\n- Who pays for liability: If a person acts honestly and without recklessness in complying with a legal services direction, any civil liability that would otherwise attach to the person attaches instead to the Territory (s 14(1)–(2)). That transfers financial responsibility for certain legal risks from individual officers to the Territory. (s 14(1)–(2))\n\n- Constraints on senior legal officers’ private activity: The Solicitor‑General is barred from private practice or paid employment except with the Attorney‑General’s consent (s 19), and must disclose direct and indirect financial interests (s 20). These rules limit the Solicitor‑General’s outside economic activities and create disclosure obligations. (s 19, s 20)\n\n- Use of in‑house government legal services versus private legal market: The Government Solicitor is authorised to act for a wide range of Territory clients, including bodies and companies in which the Territory has a controlling interest (s 26(3)(e)–(f)). The Government Solicitor may act for more than one party with conflicting interests if the Attorney‑General approves (s 27). Those mechanics make in‑house government legal services a default or available option for many Territory‑related matters and set rules for when it can represent multiple or related clients. (s 26(3), s 27)\n\nImplementation and oversight features that affect risk and behaviour\n\n- Notifiable instruments and transparency: Appointments, certain directions and authorisations are notifiable instruments (see s 11(3), s 16(5), s 17(2), s 29(2)), which means they must be publicly notified under the territory’s instrument rules. That creates a public record of many decisions. (s 11(3), s 16(5), s 17(2), s 29(2))\n\n- Delegation and responsibility: The Solicitor‑General and the Chief Solicitor may employ or authorise staff and delegates (subject to public sector employment rules) and remain responsible for acts done in their name (s 22–25, s 29–30). Delegations and authorisations are regulated and recorded, but the Act retains personal duties for principals. (s 22–25, s 29–30)\n\n- Limited routes to challenge non‑compliance: The Act restricts raising non‑compliance with legal services directions in proceedings except by or on behalf of the Territory (s 12(3)). That limits private parties or other entities from using compliance with directions as a procedural defence or claim in external proceedings. (s 12(3))\n\nMarket‑oriented questions the Act raises (reported, not concluded)\n\n- The Act makes in‑house government legal services and centralised direction more available and, in some cases, compulsory for territory legal work (s 10, s 11, s 26). That changes the composition of demand for external private legal services for Territory matters to the extent government entities choose to use or require government lawyers. (s 10, s 11, s 26)\n\n- The shift of civil liability to the Territory for acts done honestly under legal services directions (s 14(2)) reduces personal financial risk for government lawyers but increases contingent financial exposure for the Territory. That reallocates risk from individuals to the public payer. (s 14(1)–(2))\n\nWho decides, who pays, and what behaviour must change (plain statements)\n\n- Who decides: The Attorney‑General decides and issues legal services directions, enforces them, and can direct the Solicitor‑General to act as Chief Solicitor (s 11, s 12, s 17(1)(c)). (s 11, s 12, s 17(1)(c))\n\n- Who pays: Civil liability caused by honest compliance with legal services directions attaches to the Territory rather than the individual (s 14(2)). (s 14(2))\n\n- What behaviour changes: People performing territory legal work must comply with legal services directions (s 12(1)); Solicitor‑General must limit outside paid work absent consent (s 19); administrative units must report on compliance with legal services directions in annual reports (s 15). (s 12(1), s 19, s 15)\n\nPrimary sections to consult for each topic: Attorney‑General functions (s 5–9); legal services directions, privilege and liability (s 10–15); Solicitor‑General appointment, duties and restrictions (s 16–21); Government Solicitor powers and delegation (s 26–31); reporting and regulation (s 15, s 32).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/law-officers-act-2011","history":"/api/acts/law-officers-act-2011/history","analysis":"/api/acts/law-officers-act-2011/analysis","conflicts":"/api/acts/law-officers-act-2011/conflicts","importantCases":"/api/acts/law-officers-act-2011/important-cases","documents":"/api/acts/law-officers-act-2011/documents"}}