{"id":"nsw:act-1969-080","name":"Solicitor General Act 1969","slug":"solicitor-general-act-1969","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"80 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110678,"registerId":"nsw-act-1969-080-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and definition","content":"#### 1 Name of Act and definition\n\n1 Name of Act and definition\n\n> > (1) This Act may be cited as the [Solicitor General Act 1969](/view/html/inforce/current/act-1969-080).\n> \n> > (2) In this Act except in so far as the context or subject matter otherwise indicates or requires—\n> > \n> > Solicitor General includes the deputy appointed to act for the Solicitor General during the Solicitor General’s illness or absence.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Appointment of Solicitor General","content":"#### 2 Appointment of Solicitor General\n\n2 Appointment of Solicitor General\n\n> > (1) The Governor may appoint as Solicitor General an Australian lawyer of at least 7 years’ standing.\n> > \n> > In case of the illness or absence of the Solicitor General the Governor may appoint a deputy to act for the Solicitor General during the Solicitor General’s illness or absence.\n> > \n> > A person may be appointed to act for the Solicitor General (and may so act) even if the person is of or above the age at which the Solicitor General would vacate office.\n> \n> > (2) The Solicitor General is to be appointed by the Governor for a term of 10 years or for such shorter term as may be necessary to ensure that the person’s term of office extends to (but not beyond) the date on which the person reaches the age of 75 years. The Solicitor General is eligible (if otherwise qualified) for reappointment.\n> \n> > (3) A Solicitor General is entitled to be paid—\n> > \n> > > (a) remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004), and\n> > \n> > > (b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Solicitor General.\n> \n> > (3A) The leave which may be granted to the Solicitor General shall be as the Minister may from time to time determine in respect of the Solicitor General.\n> \n> > (4) Any appointment pursuant to subsection (1) may be on such terms and conditions as the Governor determines.\n> \n> > (5) A Solicitor General shall be deemed to have vacated office—\n> > \n> > > (a) if for any cause which appears to the Governor sufficient the Solicitor General is removed from office by the Governor,\n> > \n> > > (b) if the Solicitor General becomes bankrupt, compounds with his or her creditors, or makes any assignment of his or her remuneration or estate for their benefit,\n> > \n> > > (c) if the Solicitor General becomes a mentally ill person, a protected person or an incapable person within the meaning of the [Mental Health Act 1958](/view/pdf/asmade/act-1958-45),\n> > \n> > > (d) if the Solicitor General resigns office by writing under his or her hand addressed to the Governor, or\n> > \n> > > (e) when the Solicitor General reaches the age of 75 years, or\n> > \n> > > (f) if the Solicitor General engages (whether in New South Wales or elsewhere) during his or her term of office in any paid employment or in any remunerated practice of law outside the duties of his or her office.\n> \n> > (6) The office of Solicitor General shall not be held by a Minister of the Crown.\n> \n> > (7) The person holding the office of Solicitor General at the commencement of this Act shall be deemed to have been appointed by the Governor under this Act, and shall, subject to subsection (3) and notwithstanding subsections (4) and (5), continue to hold that office on the terms and conditions on which the person held it immediately before such commencement.\n> \n> > (8) Anything done or purporting to have been done by the Solicitor General after the Solicitor General has reached the age of 75 years is nevertheless as valid as if the Solicitor General had not reached that age.\n> \n> > (9) The office of Solicitor General is a statutory office and the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) (including Part 6) does not apply to that office.\n> \n> > (10) The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) as Solicitor General. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment.\n> \n> > (11) Schedule 1 has effect.\n> \n> **s 2:** Am 1976 No 4, Sch 5; 1987 No 48, Sch 30; 1990 No 44, sec 3; 1990 No 99, Sch 4; 1993 No 87, Sch 5; 2007 No 51, Sch 4 \\[1\\]–\\[5\\]; 2015 No 15, Sch 3.53 \\[1\\]; 2018 No 87, Sch 2.7 \\[1\\].","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Powers, authorities etc of Solicitor General","content":"#### 3 Powers, authorities etc of Solicitor General\n\n3 Powers, authorities etc of Solicitor General\n\n> > (1) The Solicitor General may—\n> > \n> > > (a) act as Counsel for Her Majesty and may perform such other duties and functions of Counsel as the Attorney General directs,\n> > \n> > > (b) exercise and discharge the powers, authorities, duties and functions conferred or imposed on the Attorney General by or under any Act or incident by law to the office of the Attorney General if—\n> > > \n> > > > (i) the office of Attorney General is vacant, or\n> > > \n> > > > (ii) the Attorney General is absent from the State, or\n> > > \n> > > > (iii) the Attorney General is on leave but still within the State, or\n> > > \n> > > > (iv) the Attorney General is unable to exercise and discharge the powers, authorities, duties and functions because of illness.\n> \n> > (2) The provisions of subsection (1) shall have effect notwithstanding any delegation made under section 4 in respect of any power, authority, duty or function referred to in paragraph (b) of subsection (1) and any such delegation and any terms of such delegation shall have no operation or effect during any period the Solicitor General may exercise or discharge such power, authority, duty or function pursuant to the said paragraph (b).\n> \n> **s 3:** Am 2025 No 15, Sch 7.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Delegation of powers","content":"#### 4 Delegation of powers\n\n4 Delegation of powers\n\n> > (1) The Attorney General may, by instrument in writing, delegate to the Solicitor General the exercise or discharge of such of the powers (other than this power of delegation), authorities, duties and functions which may be exercised or discharged by the Attorney General as may be specified in the instrument of delegation and may in like manner revoke wholly or in part any such delegation.\n> \n> > (1A) This section extends to any power, authority, duty or function of the Attorney General to intervene in any proceedings before a court or tribunal, whether personally or by agent, including a power, authority, duty or function conferred on the Attorney General as the Minister administering an Act.\n> \n> > (2) Any power, authority, duty or function, the exercise or discharge of which has been delegated under this section may, subject to subsection (2) of section 3 and while the delegation remains unrevoked, be exercised or discharged from time to time in accordance with the terms of the delegation by the Solicitor General.\n> \n> > (3) A delegation made under this section may be made subject to such conditions or such limitations as to the exercise or discharge of any of the specified powers, authorities, duties or functions delegated or as to time or circumstances as may be specified in the instrument of delegation.\n> \n> > (4) Notwithstanding any delegation made under this section the Attorney General may continue to exercise or discharge all or any of the powers, authorities, duties or functions delegated.\n> \n> **s 4:** Am 2010 No 88, Sch 4.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exercise of powers, authorities etc under sections 3 and 4","content":"#### 5 Exercise of powers, authorities etc under sections 3 and 4\n\n5 Exercise of powers, authorities etc under sections 3 and 4\n\n> > (1) Any act or thing done or suffered by the Solicitor General pursuant to section 3, or when acting in the exercise of a delegation under section 4 and within the terms of the delegation, shall have the like force and effect as if the act or thing had been done or suffered by the Attorney General.\n> \n> > (2) Where any power, authority, duty or function is performed or discharged by the Solicitor General pursuant to section 3, or pursuant to a delegation under section 4, and its exercise or discharge depends upon the opinion, belief or state of mind of the Attorney General, that power, authority, duty or function may be exercised or discharged by the Solicitor General upon the opinion, belief or state of mind of the Solicitor General.\n> \n> > (3) No person shall be concerned to see or inquire whether any act, matter or thing done or performed by the Solicitor General when purporting to act in pursuance of section 3, or in pursuance of a delegation under section 4, is or is not authorised by that section or by that delegation, as the case may be.\n> \n> > (4) The provisions of section 3 are supplemental to and not in derogation of any other law relating to the exercise or discharge by the Solicitor General of any of the powers, authorities, duties and functions of the Attorney General, or incident to the office of the Attorney General.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Pension of Solicitor General","content":"#### 6 Pension of Solicitor General\n\n6 Pension of Solicitor General\n\n> > (1) Subject to this section, the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041) applies to and in respect of a person who holds or held the office of Solicitor General in the same way as it applies to and in respect of a judge or a retired or deceased judge.\n> \n> > (2) For the purposes of subsection (1)—\n> > \n> > > (a) a reference in the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041) (section 2 (1) excepted) to a judge includes a reference to a person holding the office of Solicitor General,\n> > \n> > > (b) a reference in that Act to a judicial office includes a reference to the office of Solicitor General,\n> > \n> > > (c) a reference in that Act to the retirement of a judge includes a reference to the vacation of office of the Solicitor General,\n> > \n> > > (d) a reference in section 3 of that Act to a retired judge to whom that section applies includes a reference to a person who held the office of Solicitor General and who vacated office pursuant to section 2 (5) (e) of this Act, after serving as Solicitor General for not less than 5 years,\n> > \n> > > (e) a reference in section 5 of that Act to a retired judge to whom that section applies includes a reference to a person who held the office of Solicitor General and who vacated office pursuant to section 2 (5) (c) of this Act or, where that vacation from office was certified by the Health Commission of New South Wales to have been due to permanent disability or infirmity, pursuant to section 2 (5) (d) of this Act,\n> > \n> > > (f) a reference in that Act (sections 2 (1), 3 and 5 excepted) to a retired judge includes a reference to a person who held office as Solicitor General and who vacated office as referred to in paragraph (d) or (e) of this subsection or as referred to in section 4 of that Act, and\n> > \n> > > (g) section 4 of that Act applies as follows—\n> > > \n> > > > (i) for a person appointed Solicitor General before the increased retirement age day—section 4 (1) applies to the person if the person vacates office pursuant to section 2 (5) (d) of this Act after having reaching the age of 60 years and serving as Solicitor General for not less than 10 years as if a reference in section 4 (1) of that Act to retiring at the mandatory judicial retirement age were a reference to having vacated office under section 2 (5) (e) of this Act,\n> > > \n> > > > (ii) for a person appointed Solicitor General on or after the increased retirement age day—section 4 (2) applies to the person if the person vacates office pursuant to section 2 (5) (d) of this Act after having attained the age of 65 years and serving as Solicitor General for not less than 10 years as if a reference in section 4 (2) of that Act to retiring at the mandatory judicial retirement age were a reference to having vacated office under section 2 (5) (e) of this Act.\n> \n> > (3) Where a person who holds or held the office of Solicitor General becomes a judge within the meaning of the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041)—\n> > \n> > > (a) any period served by that person in the office of Solicitor General shall, for the purposes of that Act, be computed as portion of his or her service as a judge in the judicial office which he or she held immediately before his or her retirement as a judge or his or her death before retirement, as the case may be, and\n> > \n> > > (b) the right to any pension which that person is receiving, or is entitled to receive, under that Act as applied by this section shall cease.\n> \n> > (4) Subsections (1) and (3) do not apply to or in respect of—\n> > \n> > > (a) a person appointed as Solicitor General before the date of assent to the [Solicitor General (Amendment) Act 1979](/view/pdf/asmade/act-1979-57),\n> > \n> > > (b) a person who elects, pursuant to section 3 (4B) of the [Superannuation Act 1916](/view/html/inforce/current/act-1916-028), to continue to contribute to the State Superannuation Fund, or\n> > \n> > > (c) a deputy appointed to act for the Solicitor General during the Solicitor General’s illness or absence.\n> \n> > (5) In this section—\n> > \n> > increased retirement age day means the day on which the amendments made to section 44 (Retirement of judicial officers) of the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100) by the [Justice Legislation Amendment Act (No 3) 2018](/view/html/repealed/current/act-2018-087) commenced.\n> \n> **s 6:** Ins 1979 No 57, sec 2. Am 2007 No 51, Sch 4 \\[6\\]; 2018 No 87, Sch 2.7 \\[2\\] \\[3\\].","sortOrder":5},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Certain rights of Solicitor General","content":"# Schedule 1 Certain rights of Solicitor General\n\nSchedule 1 Certain rights of Solicitor General\n\n(Section 2 (11))\n\n**sch 1:** Ins 2007 No 51, Sch 4 \\[7\\]; 2008 No 114, Sch 2.27; 2015 No 15, Sch 3.53 \\[2\\]–\\[5\\]; 2018 No 87, Sch 2.7 \\[4\\] \\[5\\].","sortOrder":6}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have retained its original narrow purpose of establishing and governing the office of the Solicitor General in NSW. Amendments over the years (reflected in the seven historical versions) likely updated administrative details such as salary arrangements or references to other legislation, rather than expanding or contracting the fundamental scope of the Act."},"complexity_factors":["This is a short, single-purpose Act establishing one government office — a very common and straightforward type of legislation","The full text of the Act's provisions was not included in the provided material, limiting detailed analysis","Acts of this type typically contain only a handful of sections covering appointment, functions, tenure and salary","No complex regulatory schemes, offence provisions, or cross-references to multiple other Acts are expected given the Act's narrow purpose","The Act has been amended several times since 1969, suggesting some evolution in its provisions over time, adding minor complexity"],"plain_english_summary":"The Solicitor General Act 1969 (NSW) creates the office of Solicitor General — the state’s second‑ranking senior legal officer after the Attorney General — and provides the legal basis for their appointment, role, pay and tenure. The holder advises the NSW Government and can represent the State in major cases, affecting the officeholder, government decision‑making and public legal outcomes."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 1969 purpose of simply establishing the office. Major expansions include: (1) the 1979 insertion of section 6 bringing in judicial pension entitlements with complex transitional arrangements; (2) the 2007 addition of Schedule 1 creating elaborate 'right of return' and superannuation preservation schemes for public servants; (3) the 2018 amendments adjusting retirement ages and pension calculations to match changes in judicial retirement ages. The Act now functions as much as an employment conditions and benefits statute as it does a legal powers statute."},"complexity_factors":["Extensive cross-referencing to other Acts (Judges' Pensions Act 1953, Statutory and Other Offices Remuneration Act 1975, Mental Health Act 1958, Government Sector Employment Act 2013, Superannuation Act 1916, Judicial Officers Act 1986)","Nested conditional logic in section 6 regarding pension eligibility based on appointment dates (pre-1979, pre-2018 increased retirement age, post-2018)","Multiple savings and transitional provisions protecting existing office holders from amendments (Schedule 1, clauses 5(1) and 5(1A))","Complex interaction between sections 3 and 4 regarding delegation of powers and when Solicitor General's automatic powers override delegations","Detailed preservation of employment rights in Schedule 1 with multiple categories of prior employment (Public Service, Teaching Service, NSW Health Service, statutory bodies) and superannuation scheme interactions","Defined terms scattered across sections (section 1, section 6(5), Schedule 1 clause 2(8)) rather than consolidated"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the office of the **Solicitor General** for New South Wales — the state's second-highest law officer after the Attorney General. The Solicitor General is a senior lawyer who acts as the government's chief advocate in court and can stand in for the Attorney General when needed.\n\n**Key things the law covers:**\n\n*   **Who gets the job:** The Governor appoints an Australian lawyer with at least 7 years' experience. The term is 10 years (or shorter if the person would turn 75 during that time). They can be reappointed, but must retire at 75.\n*   **What they do:**\n    *   Acts as \"Counsel for Her Majesty\" — basically the government's top barrister in major court cases.\n    *   Can perform any of the Attorney General's legal duties if the Attorney General is away, sick, on leave, or the office is vacant.\n    *   Can be given extra powers by the Attorney General through written delegation.\n*   **What disqualifies them:** They automatically lose the job if they become bankrupt, are removed by the Governor, become mentally incapacitated, resign, turn 75, or take paid work outside their official duties. They cannot be a government Minister while holding the office.\n*   **Pay and conditions:** They get paid according to the same rules as senior statutory office holders, plus travel allowances and leave as determined by the Minister. They also get a pension similar to judges (under the Judges' Pensions Act), provided they weren't appointed before 1979 and haven't chosen a different superannuation scheme.\n*   **Protecting their previous employment rights:** If the Solicitor General was a public servant, teacher, health worker, or statutory body employee before appointment, they keep their accrued benefits and can return to their old job (or equivalent) at the same level when they finish as Solicitor General.\n\n**Why it matters:**\n\nThis law ensures there's always a senior, independent legal officer ready to represent the state in important litigation and to step in when the Attorney General is unavailable. It protects the office holder's independence by giving them security of tenure (10-year terms), judicial-style pensions, and restrictions on outside paid work. The \"right of return\" provisions encourage senior lawyers to take the job without sacrificing their public service careers permanently."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Amendments have narrowed life tenure and clarified appointment terms and retirement: earlier life‑tenured arrangements were removed and replaced with fixed terms up to a maximum retirement age, delegation and intervention powers were expanded and clarified, and pension/transition rules were added to preserve pre‑appointment employment and superannuation rights. These changes shift tenure, delegation scope and benefit entitlements compared with earlier versions of the office."},"complexity_factors":["Multiple cross‑references to other statutes (Statutory and Other Offices Remuneration Act, Judges’ Pensions Act, Mental Health Act, Government Sector Employment Act, Judicial Officers Act) increasing interpretive load","Delegation regime: Attorney General may delegate many functions to Solicitor General, but s 3 creates override periods and non‑inquiry protections","Pension and retirement rules integrate with Judges’ Pensions Act and vary by appointment date, with transitional provisions and exceptions","Removal and vacancy grounds include bankruptcy, incapacity, outside paid legal work and Governor discretion, requiring factual determinations","Transitional and savings provisions (Schedule 1 and cl 5) preserve pre‑existing rights and exempt certain incumbents from amendments","Discretion spread across actors: Governor appoints/removes, Attorney General issues non‑mandatory selection guidelines and may delegate, Minister sets allowances","Interaction with age limits and term length (fixed 10 years but capped by age 75) creates edge cases for appointment timing"],"plain_english_summary":"This Act sets out the office of Solicitor General: how the Governor appoints an Australian lawyer (7+ years’ standing) to a term (generally up to 10 years and not beyond age 75), the pay rules, leave and limits on outside paid work. It lets the Solicitor General act as Counsel for the Crown and exercise or be delegated the Attorney General’s powers when the Attorney General is absent, ill or the office is vacant. The Act also aligns pension and pre‑appointment employment/superannuation rights with judicial and public service rules."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/solicitor-general-act-1969","history":"/api/acts/solicitor-general-act-1969/history","analysis":"/api/acts/solicitor-general-act-1969/analysis","conflicts":"/api/acts/solicitor-general-act-1969/conflicts","importantCases":"/api/acts/solicitor-general-act-1969/important-cases","documents":"/api/acts/solicitor-general-act-1969/documents"}}