{"id":"qld:act-1985-034","name":"Solicitor-General Act 1985","slug":"solicitor-general-act-1985","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"34 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104957,"registerId":"qld-act-1985-034-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Solicitor-General Act 1985 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSection 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty.\nExcept as provided by subsection (1) , this Act shall commence on a date to be fixed by proclamation.\n(sec.2-ssec.1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty.\n(sec.2-ssec.2) Except as provided by subsection (1) , this Act shall commence on a date to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1 July 1994 RA s 36","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interpretation","content":"### sec.4 Interpretation\n\nDirector-General ...\ndef Director-General ins 1990 No. 80 s 3 sch 1\nom 1 July 1994 RA s 39\nMinister ...\ndef Minister sub 1990 No. 80 s 3 sch 1\nom 1 July 1994 RA s 39\nUnder Secretary ...\ndef Under Secretary om 1990 No. 80 s 3 sch 1\nom 1 July 1994 RA s 39\ns 4 om 1 July 1994 RA s 7(1)(k)","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Solicitor-General and staff","content":"# Solicitor-General and staff","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Appointment of Solicitor-General","content":"### sec.5 Appointment of Solicitor-General\n\nThe Solicitor-General shall be appointed, from time to time, by Letters Patent issued by or on behalf of Her Majesty, on recommendation of the Executive Council.\nThe Solicitor-General—\nshall be appointed for a term not exceeding 5 years determined by the Governor in Council and specified in the instrument of his or her appointment; and\nshall, subject to this Act, be eligible for reappointment upon the expiration of his or her term of appointment; and\nshall be appointed and hold office on the conditions prescribed and otherwise as the Governor in Council determines.\nA person shall be eligible for appointment to the office of Solicitor-General if the person is a barrister entitled to practise in the Supreme Court of not less than 10 years standing.\nNotification of the appointment of a person to the office of Solicitor-General shall be published in the Gazette.\nThe solicitor-general is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 5 amd 1994 No. 29 s 3 sch ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.5-ssec.1) The Solicitor-General shall be appointed, from time to time, by Letters Patent issued by or on behalf of Her Majesty, on recommendation of the Executive Council.\n(sec.5-ssec.2) The Solicitor-General— shall be appointed for a term not exceeding 5 years determined by the Governor in Council and specified in the instrument of his or her appointment; and shall, subject to this Act, be eligible for reappointment upon the expiration of his or her term of appointment; and shall be appointed and hold office on the conditions prescribed and otherwise as the Governor in Council determines.\n(sec.5-ssec.3) A person shall be eligible for appointment to the office of Solicitor-General if the person is a barrister entitled to practise in the Supreme Court of not less than 10 years standing.\n(sec.5-ssec.4) Notification of the appointment of a person to the office of Solicitor-General shall be published in the Gazette.\n(sec.5-ssec.5) The solicitor-general is to be appointed under this Act, and not under the Public Sector Act 2022 .\n- (a) shall be appointed for a term not exceeding 5 years determined by the Governor in Council and specified in the instrument of his or her appointment; and\n- (b) shall, subject to this Act, be eligible for reappointment upon the expiration of his or her term of appointment; and\n- (c) shall be appointed and hold office on the conditions prescribed and otherwise as the Governor in Council determines.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Constitution Act s 14 not applicable","content":"### sec.6 Constitution Act s 14 not applicable\n\nSection 14 of the Constitution Act 1967 does not apply in respect of the appointment to the office of Solicitor-General.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Acting Solicitor-General","content":"### sec.7 Acting Solicitor-General\n\nIn the event of a vacancy in the office of Solicitor-General or of the illness or absence of the person holding that office the Governor in Council may, upon the recommendation of the Minister, by notification published in the Gazette, appoint a person eligible for appointment to that office to act as Solicitor-General and may at any time revoke that appointment.\nA person appointed under subsection (1) shall be entitled to act as Solicitor-General until—\nthe appointment is revoked; or\na person is appointed Solicitor-General under section 5 ; or\nthe person holding the office of Solicitor-General returns to the duties of that office;\nwhichever event first occurs.\nA person appointed to act in the office of Solicitor-General shall hold the appointment on conditions determined by the Governor in Council and specified in the instrument of appointment.\nWhile a person continues to be entitled to act in the office of Solicitor-General the person shall discharge the functions and may exercise the authorities conferred on the Solicitor-General by this Act.\nA person appointed to act in the office of Solicitor-General shall not be subject to the Public Sector Act 2022 while the person acts in that office unless immediately before the appointment the person was subject to that Act, in which case, while the person acts in that office, the person shall continue to be subject to that Act and shall be an officer of the public service.\ns 7 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.7-ssec.1) In the event of a vacancy in the office of Solicitor-General or of the illness or absence of the person holding that office the Governor in Council may, upon the recommendation of the Minister, by notification published in the Gazette, appoint a person eligible for appointment to that office to act as Solicitor-General and may at any time revoke that appointment.\n(sec.7-ssec.2) A person appointed under subsection (1) shall be entitled to act as Solicitor-General until— the appointment is revoked; or a person is appointed Solicitor-General under section 5 ; or the person holding the office of Solicitor-General returns to the duties of that office; whichever event first occurs.\n(sec.7-ssec.3) A person appointed to act in the office of Solicitor-General shall hold the appointment on conditions determined by the Governor in Council and specified in the instrument of appointment.\n(sec.7-ssec.4) While a person continues to be entitled to act in the office of Solicitor-General the person shall discharge the functions and may exercise the authorities conferred on the Solicitor-General by this Act.\n(sec.7-ssec.5) A person appointed to act in the office of Solicitor-General shall not be subject to the Public Sector Act 2022 while the person acts in that office unless immediately before the appointment the person was subject to that Act, in which case, while the person acts in that office, the person shall continue to be subject to that Act and shall be an officer of the public service.\n- (a) the appointment is revoked; or\n- (b) a person is appointed Solicitor-General under section 5 ; or\n- (c) the person holding the office of Solicitor-General returns to the duties of that office;","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of Solicitor-General","content":"### sec.8 Functions of Solicitor-General\n\nThe functions of the Solicitor-General are—\nto act, upon the request of the Attorney-General, as counsel for—\nthe Crown in right of the State;\nthe State;\na person suing or being sued on behalf of the State;\na body established by or under an Act;\nany other person or body where it is to the benefit of the State that the Solicitor-General should so act; and\nto carry out for the benefit of the Government of the State such other functions ordinarily performed by counsel as the Attorney-General requests.\n- (a) to act, upon the request of the Attorney-General, as counsel for— (i) the Crown in right of the State; (ii) the State; (iii) a person suing or being sued on behalf of the State; (iv) a body established by or under an Act; (v) any other person or body where it is to the benefit of the State that the Solicitor-General should so act; and\n- (i) the Crown in right of the State;\n- (ii) the State;\n- (iii) a person suing or being sued on behalf of the State;\n- (iv) a body established by or under an Act;\n- (v) any other person or body where it is to the benefit of the State that the Solicitor-General should so act; and\n- (b) to carry out for the benefit of the Government of the State such other functions ordinarily performed by counsel as the Attorney-General requests.\n- (i) the Crown in right of the State;\n- (ii) the State;\n- (iii) a person suing or being sued on behalf of the State;\n- (iv) a body established by or under an Act;\n- (v) any other person or body where it is to the benefit of the State that the Solicitor-General should so act; and","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Authority to delegate","content":"### sec.9 Authority to delegate\n\nThe Solicitor-General may, from time to time by signed instrument of delegation delegate to any person or to the holder from time to time of a specified office (without naming a particular person) any of the Solicitor-General’s functions under this Act or of the duties to be discharged in connection with those functions.\nA delegation may be made subject to such terms, conditions and limitations as the Solicitor-General thinks fit, including a requirement that the delegate report to the Solicitor-General upon the discharge of the delegated function or duty, and may be given in relation to a particular matter or a class of matter.\nThe Solicitor-General may give such and as many delegations of the same function or duty and to such number of persons or holders of office as the Solicitor-General thinks fit.\nWhere a function or duty has been delegated—\nits discharge shall be in accordance with the instrument of delegation; and\nany act or thing done or suffered by the delegate in discharge of the function or duty has the same force and effect as if the act or thing had been done or suffered by the Solicitor-General; and\nthe delegation does not prejudice the discharge of the function or duty by the Solicitor-General.\nA delegation is revocable at the will of the Solicitor-General and shall be revoked if the Minister so directs.\n(sec.9-ssec.1) The Solicitor-General may, from time to time by signed instrument of delegation delegate to any person or to the holder from time to time of a specified office (without naming a particular person) any of the Solicitor-General’s functions under this Act or of the duties to be discharged in connection with those functions.\n(sec.9-ssec.2) A delegation may be made subject to such terms, conditions and limitations as the Solicitor-General thinks fit, including a requirement that the delegate report to the Solicitor-General upon the discharge of the delegated function or duty, and may be given in relation to a particular matter or a class of matter.\n(sec.9-ssec.3) The Solicitor-General may give such and as many delegations of the same function or duty and to such number of persons or holders of office as the Solicitor-General thinks fit.\n(sec.9-ssec.4) Where a function or duty has been delegated— its discharge shall be in accordance with the instrument of delegation; and any act or thing done or suffered by the delegate in discharge of the function or duty has the same force and effect as if the act or thing had been done or suffered by the Solicitor-General; and the delegation does not prejudice the discharge of the function or duty by the Solicitor-General.\n(sec.9-ssec.5) A delegation is revocable at the will of the Solicitor-General and shall be revoked if the Minister so directs.\n- (a) its discharge shall be in accordance with the instrument of delegation; and\n- (b) any act or thing done or suffered by the delegate in discharge of the function or duty has the same force and effect as if the act or thing had been done or suffered by the Solicitor-General; and\n- (c) the delegation does not prejudice the discharge of the function or duty by the Solicitor-General.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Staff","content":"### sec.10 Staff\n\nThere may be employed or assigned to assist the Solicitor-General in the discharge of the Solicitor-General’s functions such number of persons as is necessary for the purpose.\nThe staff of the solicitor-general are to be employed under the Public Sector Act 2022 .\nAn officer of the public service may be assigned for a limited and specified period to perform duties for the purpose referred to in subsection (1) and shall continue to be subject to the Public Sector Act 2022 while the officer continues to be so assigned.\ns 10 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.10-ssec.1) There may be employed or assigned to assist the Solicitor-General in the discharge of the Solicitor-General’s functions such number of persons as is necessary for the purpose.\n(sec.10-ssec.2) The staff of the solicitor-general are to be employed under the Public Sector Act 2022 .\n(sec.10-ssec.3) An officer of the public service may be assigned for a limited and specified period to perform duties for the purpose referred to in subsection (1) and shall continue to be subject to the Public Sector Act 2022 while the officer continues to be so assigned.","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Conditions of appointment","content":"# Conditions of appointment","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Remuneration","content":"### sec.11 Remuneration\n\nThe Solicitor-General shall be entitled to be paid salary at a rate per annum that is 80% of the aggregate rate per annum of salary and allowance payable from time to time to a Puisne Judge of the Supreme Court.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Leave entitlements","content":"### sec.12 Leave entitlements\n\nThe Solicitor-General shall have the same recreation leave and sick leave entitlements as an officer of the public service.\nThe Judges (Pensions and Long Leave) Act 1957 , section 15 , applies to the Solicitor-General as if a reference to a judge included a reference to the Solicitor-General.\nHowever, for the purpose of applying section 15 of that Act for leave of absence of the Solicitor-General, the prescribed authority is—\nthe Governor in Council, if the leave of absence is more than 1 month; or\nthe Minister, if the leave of absence is 1 month or less.\ns 12 amd 2008 No. 59 s 129\n(sec.12-ssec.1) The Solicitor-General shall have the same recreation leave and sick leave entitlements as an officer of the public service.\n(sec.12-ssec.2) The Judges (Pensions and Long Leave) Act 1957 , section 15 , applies to the Solicitor-General as if a reference to a judge included a reference to the Solicitor-General.\n(sec.12-ssec.3) However, for the purpose of applying section 15 of that Act for leave of absence of the Solicitor-General, the prescribed authority is— the Governor in Council, if the leave of absence is more than 1 month; or the Minister, if the leave of absence is 1 month or less.\n- (a) the Governor in Council, if the leave of absence is more than 1 month; or\n- (b) the Minister, if the leave of absence is 1 month or less.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Pension entitlement","content":"### sec.13 Pension entitlement\n\nIf the person who holds or has held the office of Solicitor-General is appointed a Judge of the Supreme Court or a Judge of District Courts, then for the purposes of the Judges (Pensions and Long Leave) Act 1957 in its application to the person any period of service had by the person as Solicitor-General shall be added to and be deemed to be part of the period of service as a Judge except that where the person has been paid a lump sum under section 14 any such period of service before the person was paid that sum shall be disregarded.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Severance entitlement","content":"### sec.14 Severance entitlement\n\nIf the appointment of a person as Solicitor-General is terminated—\notherwise than in the circumstances referred to in section 13 ; and\notherwise than by death or removal from office by the Governor in Council on the ground of misbehaviour;\nthe person is entitled to be paid a lump sum accrued at a rate of 6% per annum of the remuneration payable to the Solicitor-General from time to time throughout the period or periods of his or her service as Solicitor-General.\n- (a) otherwise than in the circumstances referred to in section 13 ; and\n- (b) otherwise than by death or removal from office by the Governor in Council on the ground of misbehaviour;","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Dependants’ pension entitlements","content":"### sec.15 Dependants’ pension entitlements\n\nWhere the Solicitor-General has died in office leaving a spouse or children, the spouse or each child shall be entitled to pension benefits in accordance with the Judges (Pensions and Long Leave) Act 1957 as if—\nthe Solicitor-General had been a Judge and the Solicitor-General’s service as Solicitor-General had been service as a Judge; and\nin respect of the spouse’s entitlement—the maximum pension entitlement that, as a Judge, the Solicitor-General might have had under that Act would have been had upon attaining the age of 65 years.\n- (a) the Solicitor-General had been a Judge and the Solicitor-General’s service as Solicitor-General had been service as a Judge; and\n- (b) in respect of the spouse’s entitlement—the maximum pension entitlement that, as a Judge, the Solicitor-General might have had under that Act would have been had upon attaining the age of 65 years.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Other employment curtailed","content":"### sec.16 Other employment curtailed\n\nWith the approval of the Governor in Council first had and obtained the Solicitor-General may engage in the practice of his or her profession as a barrister otherwise than in discharge of the Solicitor-General’s functions.\nHowever, if the Solicitor-General does so—\nthe Solicitor-General shall at all times give priority to the discharge of his or her functions as Solicitor-General;\nthe Solicitor-General shall not at any time—\nappear for the defence upon a charge brought by the Crown; or\nact in any case to which the Crown is a party for any party other than the Crown; or\npermit or suffer a conflict of interests to exist between the practice of his or her profession and the proper discharge of his or her functions as Solicitor-General.\nExcept as provided by subsection (1) , the Solicitor-General shall not—\nengage in the practice of his or her profession as a barrister except in the discharge of his or her functions; or\nengage in paid employment outside the duties of his or her office.\nAn approval under subsection (1) may be—\nfor the whole of the time that the Solicitor-General in question serves in the office of Solicitor-General; or\nfor the whole or any part of the term of an appointment of the Solicitor-General in question;\nas expressed in the approval.\n(sec.16-ssec.1) With the approval of the Governor in Council first had and obtained the Solicitor-General may engage in the practice of his or her profession as a barrister otherwise than in discharge of the Solicitor-General’s functions.\n(sec.16-ssec.1A) However, if the Solicitor-General does so— the Solicitor-General shall at all times give priority to the discharge of his or her functions as Solicitor-General; the Solicitor-General shall not at any time— appear for the defence upon a charge brought by the Crown; or act in any case to which the Crown is a party for any party other than the Crown; or permit or suffer a conflict of interests to exist between the practice of his or her profession and the proper discharge of his or her functions as Solicitor-General.\n(sec.16-ssec.2) Except as provided by subsection (1) , the Solicitor-General shall not— engage in the practice of his or her profession as a barrister except in the discharge of his or her functions; or engage in paid employment outside the duties of his or her office.\n(sec.16-ssec.3) An approval under subsection (1) may be— for the whole of the time that the Solicitor-General in question serves in the office of Solicitor-General; or for the whole or any part of the term of an appointment of the Solicitor-General in question; as expressed in the approval.\n- (a) the Solicitor-General shall at all times give priority to the discharge of his or her functions as Solicitor-General;\n- (b) the Solicitor-General shall not at any time— (i) appear for the defence upon a charge brought by the Crown; or (ii) act in any case to which the Crown is a party for any party other than the Crown; or (iii) permit or suffer a conflict of interests to exist between the practice of his or her profession and the proper discharge of his or her functions as Solicitor-General.\n- (i) appear for the defence upon a charge brought by the Crown; or\n- (ii) act in any case to which the Crown is a party for any party other than the Crown; or\n- (iii) permit or suffer a conflict of interests to exist between the practice of his or her profession and the proper discharge of his or her functions as Solicitor-General.\n- (i) appear for the defence upon a charge brought by the Crown; or\n- (ii) act in any case to which the Crown is a party for any party other than the Crown; or\n- (iii) permit or suffer a conflict of interests to exist between the practice of his or her profession and the proper discharge of his or her functions as Solicitor-General.\n- (a) engage in the practice of his or her profession as a barrister except in the discharge of his or her functions; or\n- (b) engage in paid employment outside the duties of his or her office.\n- (a) for the whole of the time that the Solicitor-General in question serves in the office of Solicitor-General; or\n- (b) for the whole or any part of the term of an appointment of the Solicitor-General in question;","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Termination of Solicitor-General’s appointment","content":"### sec.17 Termination of Solicitor-General’s appointment\n\nThe Solicitor-General may resign office by signed writing delivered to the Minister.\nThe Governor in Council may terminate the appointment of the Solicitor-General, by removing the Solicitor-General from office, for misbehaviour or physical or mental incapacity.\nThe Governor in Council shall terminate the appointment of the Solicitor-General for any of the following misbehaviour—\nif the Solicitor-General becomes bankrupt or takes advantage of the law in force relating to bankruptcy;\nif the Solicitor-General is absent from duty, except on leave of absence to which the Solicitor-General is entitled under conditions of his or her appointment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months;\nif the Solicitor-General contravenes section 16 .\nTermination of the appointment of Solicitor-General shall be by way of notification in writing signed by the Minister and given to the Solicitor-General personally or by post.\ns 17 amd 1994 No. 29 s 3 sch\n(sec.17-ssec.2) The Solicitor-General may resign office by signed writing delivered to the Minister.\n(sec.17-ssec.3) The Governor in Council may terminate the appointment of the Solicitor-General, by removing the Solicitor-General from office, for misbehaviour or physical or mental incapacity.\n(sec.17-ssec.4) The Governor in Council shall terminate the appointment of the Solicitor-General for any of the following misbehaviour— if the Solicitor-General becomes bankrupt or takes advantage of the law in force relating to bankruptcy; if the Solicitor-General is absent from duty, except on leave of absence to which the Solicitor-General is entitled under conditions of his or her appointment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months; if the Solicitor-General contravenes section 16 .\n(sec.17-ssec.5) Termination of the appointment of Solicitor-General shall be by way of notification in writing signed by the Minister and given to the Solicitor-General personally or by post.\n- (a) if the Solicitor-General becomes bankrupt or takes advantage of the law in force relating to bankruptcy;\n- (b) if the Solicitor-General is absent from duty, except on leave of absence to which the Solicitor-General is entitled under conditions of his or her appointment or granted by the Minister, for 14 consecutive working days, or for 28 working days in any period of 12 months;\n- (c) if the Solicitor-General contravenes section 16 .","sortOrder":19},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Suspension of Judges’ pension","content":"### sec.18 Suspension of Judges’ pension\n\nIf a person in receipt of a pension under the Judges (Pensions and Long Leave) Act 1957 is appointed to the office of Solicitor-General that pension ceases to be payable while the person serves in that office.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Rights of public servant appointed as Solicitor-General","content":"### sec.19 Rights of public servant appointed as Solicitor-General\n\nWhere the Solicitor-General was, immediately before appointment to that office, an officer of the public service—\nthe Solicitor-General retains his or her existing and accruing rights; and\nfor the purpose of determining those rights, service as Solicitor-General shall be taken into account as if it were service in the public service; and\nsections 12 , 13 , 14 and 15 do not apply to the Solicitor-General, or the Solicitor-General’s spouse or children;\nunless the Solicitor-General has duly resigned his or her appointment as an officer of the public service and has renounced the rights referred to in paragraph (a) .\n- (a) the Solicitor-General retains his or her existing and accruing rights; and\n- (b) for the purpose of determining those rights, service as Solicitor-General shall be taken into account as if it were service in the public service; and\n- (c) sections 12 , 13 , 14 and 15 do not apply to the Solicitor-General, or the Solicitor-General’s spouse or children;","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Administrative and financial control","content":"### sec.20 Administrative and financial control\n\nThe chief executive shall be the chief executive within the meaning of the Public Sector Act 2022 in respect of matters of an administrative nature associated with the discharge of the Solicitor-General’s functions and in respect of staff assisting the Solicitor-General.\nFor the purposes of the Financial Accountability Act 2009 the chief executive shall be the accountable officer in respect of the discharge of the Solicitor-General’s functions other than in respect of the acts and conduct of the Solicitor-General himself or herself.\nThe Solicitor-General shall do all such things as the chief executive in proper performance of the chief executive’s duties as such accountable officer, may require for the purposes of that Act.\ns 20 amd 1990 No. 80 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.20-ssec.1) The chief executive shall be the chief executive within the meaning of the Public Sector Act 2022 in respect of matters of an administrative nature associated with the discharge of the Solicitor-General’s functions and in respect of staff assisting the Solicitor-General.\n(sec.20-ssec.2) For the purposes of the Financial Accountability Act 2009 the chief executive shall be the accountable officer in respect of the discharge of the Solicitor-General’s functions other than in respect of the acts and conduct of the Solicitor-General himself or herself.\n(sec.20-ssec.3) The Solicitor-General shall do all such things as the chief executive in proper performance of the chief executive’s duties as such accountable officer, may require for the purposes of that Act.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Regulations","content":"### sec.21 Regulations\n\nThe Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters necessary or convenient for the administration of this Act or for achieving the objects and purposes of this Act.","sortOrder":24}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and regulating the office of Solicitor-General. While it has been amended multiple times to update references to modern public sector legislation (replacing repealed Acts like the Public Service Act with the Public Sector Act 2022), these are maintenance amendments rather than scope expansion. The core functions, appointment process, and conditions of service remain consistent with the 1985 intent."},"complexity_factors":["Multiple cross-references to other Acts (Constitution Act 1967, Judges (Pensions and Long Leave) Act 1957, Public Sector Act 2022, Financial Accountability Act 2009)","Conditional logic in section 19 regarding public servants appointed as Solicitor-General (retention of rights vs. application of pension provisions)","Nested conditions in section 14 for severance entitlements (termination must be 'otherwise than' two different circumstances)","Complex delegation provisions in section 9 with multiple sub-conditions","Historical amendments creating fragmented text (section 3 and 4 definitions were repealed, leaving gaps in numbering)","Dual application of leave entitlements (public service standards AND judicial standards via imported Act provisions)"],"plain_english_summary":"This Act creates the office of the Solicitor-General, who is Queensland's senior government lawyer and chief legal adviser to the state government.\n\n**What it does:**\n- **Establishes the position**: The Solicitor-General is appointed by the Governor in Council (the Governor acting on ministerial advice) for terms of up to 5 years, with eligibility for reappointment.\n- **Sets qualifications**: Only barristers with at least 10 years' standing (experience practising in the Supreme Court) can be appointed.\n- **Defines the job**: The Solicitor-General acts as counsel (a courtroom lawyer) for the Crown, the State, government bodies, and others when it's in the state's interest, when requested by the Attorney-General.\n- **Provides for acting appointments**: If the Solicitor-General is sick, absent, or there's a vacancy, an eligible person can be appointed to act temporarily.\n- **Sets pay and conditions**: The Solicitor-General earns 80% of a Supreme Court judge's salary, gets similar leave entitlements to public servants, and can accrue pension benefits that transfer if they later become a judge.\n- **Restricts outside work**: Generally, the Solicitor-General can't practise as a barrister privately or take other paid work, unless specially approved by the Governor in Council. Even then, they can't act against the Crown or create conflicts of interest.\n- **Provides severance**: If terminated (except for misbehaviour or death), they're entitled to a lump sum payment of 6% per year of service.\n- **Protects public service rights**: If appointed from the public service, they keep their existing employment rights unless they formally resign from the public service.\n\n**Who it affects:**\n- The Solicitor-General themselves\n- Government departments and agencies who need legal representation\n- The Attorney-General, who directs the Solicitor-General's work\n- Public servants who might be seconded to assist\n\n**Why it matters:**\nThis Act ensures Queensland has an independent, highly qualified senior lawyer to represent the government's interests in court and provide legal advice. The independence is protected by separating the office from general public service employment (the Solicitor-General isn't employed under the Public Sector Act), while still ensuring accountability through ministerial oversight and proper administrative controls."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: establishing the office of the Solicitor-General, setting appointment requirements, defining functions, and prescribing employment conditions. Amendments over the years have been primarily administrative updates to align with changes in public sector legislation (renaming of the relevant public service Acts) rather than substantive expansions or reductions in scope."},"complexity_factors":["Cross-references to multiple other Acts (Judges (Pensions and Long Leave) Act 1957, Financial Accountability Act 2009, Public Sector Act 2022, Constitution Act 1967) requiring familiarity with those frameworks","Layered interaction between public service employment rules and the separate appointment regime created by this Act","Pension and severance provisions involve conditional calculations tied to external legislation","Dual-track entitlements depending on whether the appointee was previously a public servant (section 19)","Historical amendments have removed definitions, creating gaps in the text that require knowledge of current versions of referenced Acts","Formal constitutional and vice-regal appointment language (Letters Patent, Governor in Council, Executive Council) may be unfamiliar to lay readers"],"plain_english_summary":"## What This Law Does\n\nThis is Queensland's **Solicitor-General Act 1985** — the law that creates and governs the office of the Solicitor-General of Queensland.\n\n## Who Is the Solicitor-General?\n\nThe Solicitor-General is the State's second most senior government lawyer, after the Attorney-General. They act as the government's top barrister (a type of specialist court advocate) in important legal matters — representing the Crown (the government), the State itself, government agencies, and anyone else the Attorney-General directs them to act for.\n\n## Who Does This Affect?\n\nThis law mainly affects:\n- **The person appointed as Solicitor-General** — their pay, leave, pension, and job security\n- **The Queensland Government** — it ensures there's always a senior legal officer available to represent the State in court\n- **Ordinary Queenslanders** indirectly — through cases where the State is a party\n\n## Key Things the Law Does\n\n**Appointment rules:**\n- The Solicitor-General is appointed by the Governor (via Letters Patent — a formal royal appointment document) on the advice of the Executive Council (senior ministers)\n- Appointments are for up to 5 years and can be renewed\n- You must be a barrister who has been entitled to practise in the Supreme Court for at least 10 years\n- The role sits *outside* the normal public service employment system\n\n**What they do:**\n- Represent the government and its agencies in courts and legal proceedings, when asked by the Attorney-General\n- Perform other legal advisory work for the government\n\n**Pay and benefits:**\n- Salary is set at 80% of what a Supreme Court judge earns\n- Leave entitlements mirror those of ordinary public servants plus some judge-equivalent long leave\n- If their appointment ends (other than for misconduct or becoming a judge), they get a lump sum payout of 6% per year of service\n- If they die in office, their spouse and children get pension benefits similar to a judge's dependants\n- If they later become a Supreme Court or District Court judge, their time as Solicitor-General counts toward their judicial pension\n\n**Side work restrictions:**\n- They generally cannot practise as a barrister outside their official role or take other paid work\n- With special approval from the Governor in Council, limited private legal practice is allowed — but they can never act *against* the Crown while in office\n\n**Being removed from the job:**\n- They can resign in writing\n- They can be removed for misconduct or physical/mental incapacity\n- Mandatory removal applies if they go bankrupt, are absent without authorised leave for too long, or breach the side-work restrictions\n\n## Bottom Line\n\nThis is an internal government machinery law. It doesn't directly regulate everyday Queenslanders, but it ensures the State always has a highly qualified, independent senior lawyer available to represent the public interest in legal proceedings."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.17","severity":"low","reasoning":"The annotated subsections of s17 begin at (ssec.2), suggesting either a drafting error or an omitted/repealed subsection (1) that was not flagged as omitted by a notation. This creates interpretive uncertainty about the completeness of the provision.","confidence":0.65,"description":"The section numbering in the original Act appears to have subsections numbered starting at (2) rather than (1), with no subsection (1) visible in the text. The subsection references are (sec.17-ssec.2) through (sec.17-ssec.5), skipping (sec.17-ssec.1). This creates a structural ambiguity about whether a subsection (1) was omitted or whether the numbering is simply erroneous."},{"type":"impossible_compliance","section":"sec.9","severity":"medium","reasoning":"Section 8 conditions the Solicitor-General's functions on a personal request from the Attorney-General to the Solicitor-General. If a delegate discharges that function, s.9(4)(b) deems it as if done by the Solicitor-General, but it is unclear whether the original Attorney-General request (directed at the Solicitor-General) satisfies the condition when the function is actually performed by a delegate. This creates a potential gap between delegated authority and the preconditions for exercising the primary function.","confidence":0.6,"description":"The Solicitor-General is empowered to delegate 'any of the Solicitor-General's functions under this Act', yet under s.8 those functions are only exercisable 'upon the request of the Attorney-General'. A delegate purporting to act as counsel for the Crown would not be acting upon an Attorney-General request directed at them, potentially rendering all delegated exercises of the core function legally ineffective."},{"type":"self_contradicting","section":"sec.12","severity":"medium","reasoning":"Public service leave entitlements (s.12(1)) and judicial long leave entitlements (s.12(2)) are separate statutory schemes with different qualifying periods, accrual rates and conditions. Applying both simultaneously to the Solicitor-General without any provision for how conflicts between them are resolved creates an irresolvable double-entitlement or potential double-dipping.","confidence":0.72,"description":"Section 12(1) grants the Solicitor-General the same recreation and sick leave entitlements as a public service officer, while s.12(2) simultaneously applies the Judges (Pensions and Long Leave) Act 1957, s.15 — a provision for judges' long leave — as if the Solicitor-General were a judge. These two leave regimes may produce overlapping or contradictory entitlements operating concurrently on the same person."},{"type":"self_contradicting","section":"sec.16","severity":"low","reasoning":"The coexistence of a priority rule and an absolute conflict-of-interest prohibition without any articulation of how they interact creates interpretive ambiguity. A strict reading of the conflict prohibition would make the priority rule meaningless because any situation requiring prioritisation would already constitute a prohibited conflict.","confidence":0.68,"description":"Section 16(1A)(a) requires the Solicitor-General to 'at all times give priority' to Solicitor-General functions when engaged in private barrister practice, while s.16(1A)(b)(iii) separately prohibits permitting 'a conflict of interests to exist'. The 'priority' obligation implicitly contemplates that private practice may sometimes compete with official duties (hence the need to prioritise), yet the conflict of interest prohibition is absolute and admits no gradations. The two sub-provisions are in logical tension: if any competition between private practice and official duties constitutes a conflict of interest, the priority rule is rendered superfluous; if a conflict is only prohibited when priority is not given, the prohibition is weaker than drafted."},{"type":"self_contradicting","section":"sec.17","severity":"medium","reasoning":"The mandatory termination provision (s.17(4)) explicitly labels its grounds as 'misbehaviour', which is also the trigger for the discretionary power in s.17(3). If the Governor in Council has a discretion under s.17(3) and a duty under s.17(4) for the same category of conduct, the provisions cannot be reconciled without reading one as overriding the other — a resolution the Act does not provide.","confidence":0.82,"description":"Section 17(3) provides that the Governor in Council 'may' terminate for misbehaviour or incapacity, while s.17(4) provides that the Governor in Council 'shall' terminate for specific listed misbehaviours (bankruptcy, absence, contravening s.16). However, s.17(4) classifies these specific grounds as 'misbehaviour', meaning they also fall within s.17(3)'s discretionary power. This creates a situation where the same conduct simultaneously triggers a mandatory obligation to terminate (s.17(4)) and a mere discretionary power to terminate (s.17(3)), which is internally contradictory."},{"type":"other","section":"sec.5","severity":"low","reasoning":"Letters Patent derive from royal prerogative, not from statutory authority. Characterising an appointment by Letters Patent as being 'under this Act' conflates the statutory framework with the executive/prerogative act of appointment, creating a theoretical inconsistency between the formal mechanism and its characterisation.","confidence":0.55,"description":"Section 5(1) provides that the Solicitor-General 'shall be appointed... by Letters Patent issued by or on behalf of Her Majesty', while s.5(5) states the appointment is made 'under this Act, and not under the Public Sector Act 2022'. The Letters Patent mechanism is a prerogative instrument of the Crown, not a statutory appointment mechanism. Describing a prerogative/royal instrument appointment as an appointment 'under this Act' is a conceptual absurdity — the Act merely authorises or conditions the appointment; it does not itself confer it."}],"contradictions":[{"severity":"medium","section_a":"sec.5(5)","section_b":"sec.7(5)","confidence":0.78,"description":"Section 5(5) provides that the Solicitor-General is appointed under this Act and not under the Public Sector Act 2022. Section 7(5) provides that an acting Solicitor-General who was already subject to the Public Sector Act 2022 before appointment 'shall continue to be subject to that Act and shall be an officer of the public service' while acting. This means an acting Solicitor-General may simultaneously hold a position explicitly excluded from the Public Sector Act 2022 regime while being characterised as an officer under that very Act."},{"severity":"low","section_a":"sec.12(1)","section_b":"sec.19(c)","confidence":0.65,"description":"Section 12(1) grants the Solicitor-General recreation and sick leave entitlements equivalent to a public service officer. Section 19(c) provides that ss.12, 13, 14 and 15 do not apply where the Solicitor-General was a public servant immediately before appointment (unless rights are renounced). The consequence is that a former public servant appointed as Solicitor-General loses the leave entitlements in s.12 but retains their existing public service leave rights under s.19(a)-(b) — potentially leaving them with inferior or superior entitlements depending on their prior conditions of service, with no mechanism to elect the more favourable regime."},{"severity":"high","section_a":"sec.13","section_b":"sec.14","confidence":0.8,"description":"Section 14 provides a severance lump sum when appointment is terminated 'otherwise than in the circumstances referred to in section 13' (i.e., appointment as a Judge). Section 13 provides that service as Solicitor-General counts toward judicial pension service, but excludes any period before a lump sum was paid under s.14. This creates a sequencing contradiction: if a person receives a s.14 lump sum and is later appointed a judge, the pre-lump-sum service is disregarded under s.13 — but s.14 only applies when s.13 does not (i.e., when there is no judicial appointment). The drafting assumes these sections are mutually exclusive, but the cross-reference in s.13 to 'where the person has been paid a lump sum under s.14' contemplates a scenario where both could apply to the same person, creating an irresolvable loop."},{"severity":"high","section_a":"sec.17(3)","section_b":"sec.17(4)","confidence":0.85,"description":"Section 17(3) grants the Governor in Council a discretionary power ('may') to terminate the Solicitor-General's appointment for misbehaviour. Section 17(4) imposes a mandatory obligation ('shall') to terminate for specific listed misbehaviours. Since the listed misbehaviours in s.17(4) are a subset of 'misbehaviour' in s.17(3), the same facts give rise simultaneously to a discretion and a duty to terminate, which are logically irreconcilable."},{"severity":"low","section_a":"sec.8(a)","section_b":"sec.16(1A)(b)(ii)","confidence":0.5,"description":"Section 8(a) defines the Solicitor-General's functions as acting as counsel for, inter alia, 'the Crown in right of the State' and 'the State'. Section 16(1A)(b)(ii) prohibits the Solicitor-General (when engaged in approved private practice) from acting 'in any case to which the Crown is a party for any party other than the Crown'. However, s.8(a)(v) also permits the Solicitor-General to act for 'any other person or body where it is to the benefit of the State', which could include parties adverse to the Crown in some circumstances. This creates a potential contradiction between the authorised scope of official functions and the absolute prohibition in s.16(1A)(b)(ii) when operating in private practice mode."}]}},"importantCases":[],"_links":{"self":"/api/acts/solicitor-general-act-1985","history":"/api/acts/solicitor-general-act-1985/history","analysis":"/api/acts/solicitor-general-act-1985/analysis","conflicts":"/api/acts/solicitor-general-act-1985/conflicts","importantCases":"/api/acts/solicitor-general-act-1985/important-cases","documents":"/api/acts/solicitor-general-act-1985/documents"}}