{"id":"solicitor-general-act-1972","name":"Solicitor-General Act 1972","slug":"solicitor-general-act-1972","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109974,"registerId":"sa-solicitor-general-act-1972-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Solicitor-General Act 1972","content":"South Australia\nSolicitor-General Act 1972\nAn Act to provide for the appointment of a Solicitor-General, to provide for the terms and conditions of service of a person appointed to that office and for matters incidental thereto.\n\nContents\n1\tShort title\n3\tDefinition\n4\tAppointment of Solicitor-General\n5\tTerms and appointment of Solicitor-General\n6\tDuties and obligations of Solicitor-General\n7\tRemoval from office of Solicitor-General\n8\tResignation and retirement\n9\tLeave on retirement\n10\tPension rights of Solicitor-General and application of Judges' Pensions Act 1971\n11\tSolicitor-General appointed Judge\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Solicitor-General Act 1972.\n3—Definition\nIn this Act, unless the contrary intention appears—\nservice as Solicitor-General means service as Solicitor-General under this Act, and where that service was not continuous includes the aggregate of any periods of such service as Solicitor-General;\nSolicitor-General means the person for the time being holding the office of Solicitor-General of the State of South Australia.\n4—Appointment of Solicitor-General\n\t(1)\tThe Governor may appoint a legal practitioner of not less than seven years' standing to be Solicitor-General of the State of South Australia.\n5—Terms and appointment of Solicitor-General\n\t(1)\tSubject to this Act, the Solicitor-General shall be appointed and hold office on such terms and conditions as the Governor from time to time determines.\n\t(2)\tThe Solicitor-General shall be paid such salary and allowances as the Governor from time to time determines.\n\t(3)\tThe moneys required to be paid for the purposes of this section shall be payable out of the General Revenue of the State on the warrant of the Governor which warrant the Governor is by this subsection authorised and required to issue from time to time.\n6—Duties and obligations of Solicitor-General\nThe Solicitor-General—\n\t(a)\tshall at the request of the Attorney-General—\n\t(i)\tact as Her Majesty's counsel; and\n\t(ii)\tperform such other duties as are ordinarily performed by counsel; and\n\t(b)\tshall not, except with the consent of the Attorney-General, engage in any other remunerative employment.\n7—Removal from office of Solicitor-General\nThe Governor may by writing under his hand remove the Solicitor-General from office on the ground—\n\t(a)\tthat the Solicitor-General is, otherwise than by reason of temporary illness, incapable of performing the duties of his office; or\n\t(b)\tthat the Solicitor-General has been guilty of misconduct,\nand upon such removal the office of the Solicitor-General shall become vacant.\n8—Resignation and retirement\n\t(1)\tThe Solicitor-General may resign his office by writing signed by him and delivered to the Governor and upon that delivery the office of the Solicitor-General shall become vacant.\n\t(2)\tThe Solicitor-General shall retire from office on the day on which he attains the age of sixty-five years and on that day the office of the Solicitor-General shall become vacant.\n9—Leave on retirement\n\t(1)\tSubject to this section, the Governor may grant to the Solicitor-General immediately prior to his retirement on attaining the age of sixty-five years not more than six months leave of absence on full salary.\n\t(2)\tWhere the Solicitor-General retires without taking any leave which had been or could have been granted to him under subsection (1) of this section, the Governor may direct that a cash payment be made to him in lieu of the leave not so taken, but the payment shall not exceed the amount of the salary of the Solicitor-General for a period equal to the period of the leave not so taken, calculated at the rate at which he was being paid at the time of the retirement.\n\t(3)\tA direction under subsection (2) of this section may be given before or after the retirement of the Solicitor-General and a payment under that subsection may be made before or after that retirement.\n\t(4)\tIf the Solicitor-General dies before the commencement or during the currency of any leave granted or before such leave has been granted pursuant to subsection (1) of this section, the Governor may, in respect of the period of the leave so granted or the unexpired portion thereof, or in respect of the period of the leave which might have been granted (according to the circumstances of the case), pay to the dependants (if any) of the Solicitor-General the amounts of salary which would have been payable to the Solicitor-General himself if he had survived and if the Solicitor-General died without leaving any dependants the Governor may pay the said amounts of salary to his personal representative.\n\t(5)\tAny question as to—\n\t(a)\twhether there are any dependants in any particular case, or who are the dependants; or\n\t(b)\twhat dependant or dependants shall be entitled to the benefit of payments made under this subsection, and in what proportions if more than one dependant,\nshall be settled by the Governor, as he deems proper.\n\t(6)\tIn subsection (5) of this section the terms—\ndependants means those members of the family of the Solicitor-General who were wholly or in part dependant upon his earnings at the time of his death;\nmembers of the family includes surviving spouse, parents, grandparents, step‑parents, children, grand‑children, step‑children, brothers, sisters, half‑brothers and half‑sisters.\n\t(7)\tWhere leave is granted to the Solicitor‑General under this section, the Solicitor‑General may, at the commencement of such leave, be paid the total salary which would be payable to him during the currency of the leave.\n10—Pension rights of Solicitor-General and application of Judges' Pensions Act 1971\n\t(1)\tThe Judges' Pensions Act 1971 shall in all respects apply to and in relation to the Solicitor-General as if—\n\t(a)\the were a judge as defined in that Act; and\n\t(b)\this service as Solicitor-General were judicial service as defined in that Act.\n\t(2)\tA pension payable to a person who was Solicitor-General or to the surviving spouse or child of any such person by virtue of subsection (1) of this section, shall for all purposes be deemed to be a pension payable under the Judges' Pensions Act 1971.\n\t(3)\tNotwithstanding anything in this section, unless the Governor otherwise directs, no pension shall be payable under the Judges' Pensions Act 1971 to or in relation to a Solicitor-General who has been removed from office pursuant to section 7 of this Act.\n11—Solicitor-General appointed Judge\n\t(1)\tWhere a person who is or has been Solicitor-General is appointed a Judge as defined in the Judges' Pensions Act 1971, that Act shall apply to and in relation to that person as if—\n\t(a)\tthe service as Solicitor-General of that person were judicial service as defined in that Act; and\n\t(b)\tsection 5 of that Act had not been enacted.\n\t(2)\tWhere a person referred to in subsection (1) of this section was, immediately before his appointment as a Judge, in receipt of a pension under the Judges' Pensions Act 1971, that pension shall upon that appointment cease and determine.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1972\n18\nSolicitor-General Act 1972\n30.3.1972\n20.4.1972 (Gazette 20.4.1972 p1498)\n1985\n59\nStatutes Amendment (Remuneration) Act 1985\n30.5.1985\ns 18—13.6.1985 (Gazette 13.6.1985 p2132)\n1990\n18\nStatutes Repeal and Amendment (Remuneration) Act 1990\n19.4.1990\ns 26—19.4.1990 (Gazette 19.4.1990 p1136)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 134 (ss 305 & 306)—1.2.2010 (Gazette 28.1.2010 p320)\n2019\n46\nStatutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 16 (ss 35 & 36)—1.5.2020 (Gazette 30.4.2020 p838)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\n\n\ns 4(2) and (3)\ndeleted by 84/2009 s 305\n1.2.2010\ns 5\n\n\ns 5(2)\namended by 59/1985 s 18\n13.6.1985\n\namended by 18/1990 s 26\n19.4.1990\ns 5(4)\ndeleted by 84/2009 s 306\n1.2.2010\ns 9\n\n\ns 9(6)\n\n\nmembers of the family\namended by 46/2019 s 35\n1.5.2020\ns 10\n\n\ns 10(2)\namended by 46/2019 s 36\n1.5.2020\nHistorical versions\nReprint No 1—15.1.1992\n\n1.2.2010\n\n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing and regulating the office of Solicitor-General. The amendments shown in the legislative history are minor housekeeping changes—updating remuneration references, removing spent provisions about superannuation boards, and modernising gender-neutral language in family definitions. The core scope (appointment, duties, removal, pensions) has not expanded beyond the original 1972 intent."},"complexity_factors":["Only 2 defined terms in section 3 ('service as Solicitor-General' and 'Solicitor-General')","Straightforward sequential structure (appointment → terms → duties → removal → resignation → leave → pensions → judicial appointment)","Single cross-reference to external legislation (Judges' Pensions Act 1971) used consistently","Minimal conditional logic—mostly simple 'if X then Y' provisions without nested exceptions","Short length (11 substantive sections, approximately 2 pages)","Some complexity in section 9 (leave on retirement) with multiple subsections covering cash payments, death benefits, and dependant definitions, but still manageable","No delegated legislation or regulation-making powers"],"plain_english_summary":"This South Australian law creates the office of Solicitor-General, a senior legal adviser to the state government.\n\n**What it does:**\n- **Establishes the position**: The Governor appoints a qualified lawyer (with at least 7 years' experience) to serve as the state's chief legal counsel.\n- **Sets the job description**: The Solicitor-General acts as \"Her Majesty's counsel\" (a senior barrister representing the Crown) when requested by the Attorney-General, and cannot take other paid work without permission.\n- **Covers employment terms**: Sets salary, retirement at age 65, resignation procedures, and grounds for removal (misconduct or incapacity).\n- **Provides pension benefits**: Treats the Solicitor-General like a judge for pension purposes, linking their service to the Judges' Pensions Act 1971.\n- **Handles pre-retirement leave**: Allows up to 6 months' paid leave before retirement, with cash payouts if not taken, and death benefits for dependants.\n\n**Who it affects:**\n- The Solicitor-General themselves (employment conditions, pensions)\n- The Attorney-General (who directs their work)\n- The Governor (who appoints, removes, and sets terms)\n- Family members (pension and death benefit entitlements)\n\n**Why it matters:**\nThis law ensures South Australia has a dedicated, independent senior lawyer to advise the government on complex legal matters. By linking the role to judicial pensions and protections, it aims to attract top legal talent and safeguard the office's independence from political interference."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be meaningfully performed as the legislative text was not retrievable. Based on general knowledge, the Act has historically maintained a narrow and consistent scope — establishing and governing the office of Solicitor-General in South Australia — without significant expansion beyond its original purpose."},"complexity_factors":["No legislative text was retrievable — analysis is based on general knowledge only","Acts establishing a single statutory office (such as Solicitor-General) are typically short and structurally simple","Limited number of operative provisions expected — likely covering appointment, tenure, functions, and salary","Narrow subject matter affecting government administration rather than broad public interaction","Complexity cannot be properly assessed without access to the actual text, amendments, or schedules"],"plain_english_summary":"The Solicitor‑General Act 1972 (SA) establishes the office of the Solicitor‑General as the state’s second‑ranking law officer, empowering that office to give high‑level legal advice to government, represent South Australia in major litigation (including constitutional matters), and act for the Attorney‑General when required. It governs government legal operations rather than private individuals."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's core scope—creating the Solicitor‑General office and setting appointment, duties, removal, retirement and pension rules—remains intact. Amendments recorded in the legislative history adjust remuneration mechanics, remove or vary specific subsections, and update definitions (for example, changes to salary provisions and the 'members of the family' definition (see amendments listed under s 5, s 9(6), s 10(2) and deleted subsections)), but do not materially expand or narrow the office's substantive functions."},"complexity_factors":["Cross-reference to the Judges' Pensions Act 1971 to determine pension rights and interactions when the Solicitor‑General becomes a judge (s 10, s 11).","Broad executive discretion: Governor appoints and determines terms, salary and issues warrants for payment (s 4, s 5(1)–(3)).","Removal and incapacity provisions rely on standards ('misconduct', 'incapable') that may require factual or procedural determination (s 7).","Restrictions on other remunerative employment require Attorney‑General consent, creating a compliance and oversight duty (s 6(b)).","Leave-on-retirement and payment‑in‑lieu rules include discretionary payments and post‑death payments to dependants, with the Governor settling beneficiary questions (s 9(1)–(7)).","Detailed statutory definition of 'dependants' and family members affects pension/leave entitlements and estate outcomes (s 9(6)).","Legislative amendments and repeals over time require checking historic changes to ensure the current text is applied (Legislative history)."],"plain_english_summary":"This Act establishes the office of the Solicitor‑General in South Australia: the Governor may appoint a qualified lawyer, set the Solicitor‑General’s terms and salary, and the Act prescribes duties, removal, retirement, leave and pension arrangements. It affects the appointed Solicitor‑General, the Attorney‑General (who can request work and consent to outside employment), and the State’s budget (salary paid from General Revenue)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/solicitor-general-act-1972","history":"/api/acts/solicitor-general-act-1972/history","analysis":"/api/acts/solicitor-general-act-1972/analysis","conflicts":"/api/acts/solicitor-general-act-1972/conflicts","importantCases":"/api/acts/solicitor-general-act-1972/important-cases","documents":"/api/acts/solicitor-general-act-1972/documents"}}