Crown Advocate Act 1979

The Act rests on a small set of tightly worded concepts that determine the office’s form and function.

• Crown Advocate as statutory office: The Act defines Crown Advocate to include the deputy appointed during illness or absence (s 2). This means the term “Crown Advocate” in the Act includes both the primary officeholder and the person temporarily acting in that capacity under s 8.
• Appointment and eligibility: The Governor appoints from Australian legal practitioners with at least seven years’ standing (s 3(1)). The Governor may set terms and conditions for appointment (s 3(2)). The office cannot be held by a Minister (s 3(4)). Terms are for a specified period not exceeding seven years and re-appointment is permitted (s 5).
• Statutory independence from the Government Sector Employment Act 2013: Section 4 explicitly removes the office from that Act. The effect is that the Crown Advocate is governed by the provisions of this Act and by other statutes expressly referenced (s 4).
• Vacation and removal triggers: The Act lists objective events that cause vacation of the office such as bankruptcy, certain mental health statuses as defined in the Mental Health Act 1958, resignation in writing to the Governor, and engagement in paid employment outside the office’s duties during the term (s 6(1)(a)-(f)). In addition, the Governor may remove the Crown Advocate for any cause the Governor considers sufficient (s 6(2)).
• Remuneration and leave outside the Government Sector Employment Act 2013: Remuneration is to be paid in accordance with the Statutory and Other Offices Remuneration Act 1975, and allowances and leave are set by the Minister (s 7).
• Deputies and absence: The Governor may appoint a deputy to act during illness or absence (s 8(1)). The Crown Advocate is treated as absent when appointed to act for the Solicitor General under the Solicitor General Act 1969 (s 8(2)).
• Duties and functions defined by statute and direction: Section 9 describes specific duties, including assisting the Solicitor General with powers delegated by the Attorney General, advising and conducting proceedings for the Director of Public Prosecutions with the Attorney General’s consent, acting as counsel for the Crown on the Attorney General’s direction, advising on referred matters, and other duties imposed by this or another Act (s 9(a)-(f)).
• Delegation architecture: The Attorney General may delegate, in writing, powers, authorities, duties and functions to the Crown Advocate, excluding the power to delegate itself, and can impose conditions and limitations, and revoke delegations (s 10(1)-(3)). Acts done by the Crown Advocate under delegation have the same legal effect as if done by the Attorney General (s 11(2)). Where a delegated function depends on the opinion or belief of the Attorney General, the Crown Advocate may exercise it on the Crown Advocate’s own opinion, belief or state of mind (s 11(3)). Section 11(4) bars inquiry into whether acts were authorised by the delegation.
• Legal force and non-inquiry: The combination of s 11(2) and s 11(4) converts acts done under delegation into acts of the Attorney General for legal effect and limits third-party inquiry into the authorisation of those acts.

Each of these concepts determines who exercises decision-making authority, how legal effect is conferred on acts, what constraints apply to officeholders, and what institutional accountability mechanisms are specified in the statute.

The Act creates obligations, rights and roles for a defined set of actors. The principal affected parties are:

• The Crown Advocate: The primary and immediate subject of the Act. The officeholder must be an Australian legal practitioner of at least seven years’ standing (s 3(1)), is subject to term limits and eligibility for re-appointment (s 5), may receive remuneration under the Statutory and Other Offices Remuneration Act 1975 (s 7(1)(a)), and is constrained from engaging in paid employment or remunerated legal practice outside the duties of the office during the term (s 6(1)(f)). The Crown Advocate’s duties are set out in s 9.
• Deputies acting as Crown Advocate: The Act defines Crown Advocate to include the deputy appointed for periods of illness or absence (s 2), and specifically authorises the Governor to appoint a deputy (s 8(1)). The deputy acting under s 8 is therefore covered by the Act’s definition and duties and the remuneration and vacancy provisions apply as relevant.
• The Governor: Responsible for appointment (s 3(1)-(2)), for appointing deputies during illness or absence (s 8(1)), and for removal of the Crown Advocate for any cause the Governor considers sufficient (s 6(2)). The Governor therefore holds appointment and removal discretion under the Act.
• The Attorney General: The Act places the Attorney General at the centre of direction and delegation. The Crown Advocate acts when directed by the Attorney General (s 9(c)-(e)), assists the Solicitor General with powers delegated by the Attorney General (s 9(a)), and may receive delegations of the Attorney General’s own powers and functions in writing under s 10. The Attorney General may also continue to exercise powers despite delegation (s 10(3)).
• The Solicitor General: The Crown Advocate assists the Solicitor General with the exercise or discharge of powers delegated by the Attorney General (s 9(a)), and periods when the Crown Advocate is appointed to act for the Solicitor General count as absence for the purposes of deputy appointment (s 8(2)).
• Director of Public Prosecutions: The Crown Advocate may advise and conduct proceedings on behalf of the Director, but only with the Attorney General’s consent and at the Director’s request (s 9(b)). This creates a gatekeeping requirement for the Attorney General’s consent.
• The Minister responsible for remuneration and leave: The Minister determines travelling and subsistence allowances and the leave that may be granted to the Crown Advocate (s 7(1)(b)-(2)). The Minister therefore affects the practical employment terms despite the office falling outside the Government Sector Employment Act 2013 (s 4).
• The legal profession and private litigants: Members of the legal profession are affected insofar as a Crown Advocate may be appointed from practising lawyers, and practising lawyers must be mindful of s 6(1)(f) if appointed. Private litigants and agencies are affected because the Crown Advocate, when acting under s 9 and delegations under s 10, can act as counsel for the Crown, the Attorney General, or other persons , and acts done under delegation have the same effect as acts of the Attorney General (s 11(2)).
• The public purse and taxpayers: Remuneration and allowances are public costs funded under the appropriate Acts and budgets; the Act’s mechanisms for remuneration explicitly link payment to statutory remuneration regimes and Ministerial determinations (s 7).

The Act therefore affects both officeholders and officials who appoint, supervise and pay them. It also affects judicial or administrative parties interacting with acts done under delegation because such acts have the statutory effect of acts done by the Attorney General (s 11(2)), and the Act limits inquiry into their authorisation (s 11(4)).

This section summarises the substantive legal entitlements and obligations created or constrained by the Act.

Duties and functions of the Crown Advocate (s 9)

• Assist the Solicitor General in respect of the Solicitor General’s exercise or discharge of powers, authorities, duties or functions delegated by the Attorney General under section 4 of the Solicitor General Act 1969 (s 9(a)). This establishes an assisting role with respect to the Solicitor General’s delegated responsibilities.
• Advise and conduct proceedings on behalf of the Director of Public Prosecutions, but only with the Attorney General’s consent and at the Director’s request (s 9(b)). Two conditions are explicitly required: the Attorney General’s consent and the Director’s request.
• Act as counsel for the Crown in right of the State, for the Attorney General, or for any other person in criminal or civil proceedings or inquiries or commissions whenever directed by the Attorney General (s 9(c)). This makes the Crown Advocate an instrument for representation of the Crown when the Attorney General directs.
• Advise the Attorney General in respect of any matter referred by the Attorney General (s 9(d)). The Attorney General controls referral and therefore the Crown Advocate’s advising workload.
• Carry out other duties and functions of counsel as the Attorney General directs, and other duties conferred by this or any other Act (s 9(e)-(f)). The “other Act” cross-reference allows the Crown Advocate’s role to be expanded by later or existing legislation.

Appointment, term, re-appointment and exclusion (ss 3, 5)

• Eligibility: must be an Australian legal practitioner of at least seven years’ standing (s 3(1)).
• Appointment: by the Governor, on terms and conditions determined by the Governor (s 3(1)-(2)).
• Term: appointed for a specified term not exceeding seven years (s 5(1)); eligible for re-appointment for terms not exceeding seven years (s 5(2)).
• Prohibition: the office cannot be held by a Minister (s 3(4)).

Vacation and removal (s 6)

• Automatic vacation of office occurs on specified events such as bankruptcy, certain mental-health statuses, resignation in writing to the Governor, or engagement in paid employment or remunerated practice of law outside the duties of the office during the term (s 6(1)(a)-(f)).
• The Governor may remove the Crown Advocate for any cause the Governor considers sufficient (s 6(2)). This provides broad executive removal power.
• Resignation requires an instrument in writing addressed to the Governor (s 6(1)(d)).

Remuneration and benefits (s 7)

• Remuneration is to be paid in accordance with the Statutory and Other Offices Remuneration Act 1975 (s 7(1)(a)).
• Travelling and subsistence allowances are set by the Minister (s 7(1)(b)).
• Leave is determined by the Minister (s 7(2)).

Delegation and exercise of delegated functions (ss 10-11)

• The Attorney General may delegate, in writing, powers, authorities, duties and functions that the Attorney General may exercise, except the power to delegate itself (s 10(1)). Delegations may be subject to conditions or limitations, including as to time or circumstances (s 10(2)). The Attorney General may revoke delegations wholly or in part (s 10(1)).
• Despite any delegation, the Attorney General may continue to exercise the same powers (s 10(3)).
• While a delegation remains unrevoked, the Crown Advocate may exercise delegated powers in accordance with the delegation (s 11(1)); acts done by the Crown Advocate within that delegation have the same force and effect as if done by the Attorney General (s 11(2)).
• Where a delegated power relies on the Attorney General’s opinion, belief or state of mind, the Crown Advocate may exercise it on the Crown Advocate’s own opinion, belief or state of mind (s 11(3)).
• No person is to be concerned to see or inquire into whether an act done by the Crown Advocate under a delegation is authorised by that delegation (s 11(4)). This reduces the scope for external challenge about the Crown Advocate’s authority under delegation.

Rights and constraints summary

• The Crown Advocate has the right to remuneration and allowances, and to be appointed and re-appointed subject to the Act’s terms (s 5, s 7).
• The Crown Advocate has statutory duties, but those duties are largely executed at the direction of the Attorney General and through delegation architecture (s 9, s 10).
• The Act constrains outside paid employment during the term (s 6(1)(f)), and contains objective triggers for vacation and broad gubernatorial removal power (s 6).
• The Act clarifies legal force of acts done under delegation and limits inquiry into authorisation, shifting legal risk and delegation efficacy to the office itself (s 11).

This Act does not create express criminal offences or civil penalties beyond the structural mechanisms for removal, vacation of office and supervision by the Attorney General and the Governor. Enforcement and corrective mechanisms in the Act are administrative and institutional rather than penal. The principal enforcement features are:

• Automatic vacation triggers: The Act specifies events that automatically result in the Crown Advocate being deemed to have vacated the office. Those events include removal by the Governor (s 6(1)(a) as a category via s 6(2)), bankruptcy and insolvency-related acts, certain mental-health classifications under the Mental Health Act 1958, resignation in writing to the Governor, and engagement in paid employment or remunerated law practice outside the duties of the office during the term (s 6(1)(a)-(f)). These are direct statutory consequences, not offences.
• Governor’s removal power: Section 6(2) authorises the Governor to remove the Crown Advocate from office for any cause the Governor considers sufficient. The Act grants broad executive discretion to terminate tenure without specifying procedural requirements or appeal rights within the text of the Act.
• Resignation mechanism: The Act requires resignation to be effected by an instrument in writing addressed to the Governor (s 6(1)(d)). Failure to resign correctly would leave the office in place, but the Act does not create a separate sanction for incorrect form beyond the office not being vacated.
• Restrictions on outside employment: Section 6(1)(f) deems the Crown Advocate to have vacated office if the Crown Advocate engages in paid employment or remunerated legal practice outside the duties of the office during the term. The mechanism is automatic vacation, not a separate penalty.
• Remuneration and allowances oversight: Remuneration is paid under the Statutory and Other Offices Remuneration Act 1975 and allowances and leave are determined by the Minister (s 7). The Act does not provide a sanctions regime within itself for misuse of allowances or remuneration; enforcement of financial impropriety would rely on other applicable statutes and administrative processes.
• Delegation legal effect and bar on inquiry: Sections 11(2)-(4) create legal effects for acts done under delegation and bar inquiry into delegation authorisation. This reduces the scope for external parties to challenge the authority under which certain acts were performed, effectively limiting an enforcement pathway that seeks to invalidate acts on the ground of defective delegation. The Act does not, however, specify internal review procedures or oversight checks related to delegated acts.

Notable absences in enforcement design

• No offences, fines or civil penalty clauses appear in the text for misconduct in office. The Act relies on removal and vacation to remedy disqualifying events.
• The Act does not specify processes for removal beyond the Governor’s discretion; it does not require reasons to be published, hearings to be held, or appeal mechanisms to be available.
• The Act does not spell out reporting, performance review, or auditing obligations for the Crown Advocate’s duties or use of allowances and leave.

In short, enforcement under the Act is achieved through tenure management and delegation design rather than codified penalties. Individuals or entities seeking to challenge an act done by the Crown Advocate under delegation face statutory limits on inquiry into authorisation (s 11(4)), and remedies for misfeasance, maladministration, or illegality are not set out in this Act.

The Act expressly interacts with a small set of other statutes and legal instruments. Those cross-references define both procedural connections and substantive dependencies.

• Government Sector Employment Act 2013: Section 4 expressly excludes the office of Crown Advocate from the application of the Government Sector Employment Act 2013. The Act therefore establishes that employment terms and governance for the Crown Advocate are not governed by that broader public-sector employment Act, and instead are left to the mechanisms in this Act and to other statutes expressly referenced, such as the Statutory and Other Offices Remuneration Act 1975 (s 4).
• Statutory and Other Offices Remuneration Act 1975: Section 7(1)(a) requires that remuneration be paid in accordance with that Act. The Crown Advocate’s pay is thus tied to the frameworks and scales in that remuneration statute rather than the Government Sector Employment Act 2013.
• Mental Health Act 1958: The Act uses definitions and statuses from the Mental Health Act 1958 when listing events that cause vacation of office. Section 6(1)(c) deems the Crown Advocate to vacate office if the Crown Advocate becomes a temporary patient, continued treatment patient, protected person, incapable person within the meaning of the Mental Health Act 1958, or a person under detention under Part 7 of that Act. Any change to the Mental Health Act 1958 that alters those statuses could change which situations trigger vacation of office under this Act.
• Solicitor General Act 1969: Section 8(2) refers to section 2(1) of the Solicitor General Act 1969, and section 9(a) contemplates the Crown Advocate assisting the Solicitor General in respect of powers delegated by the Attorney General under section 4 of the Solicitor General Act 1969. These cross-references connect the Crown Advocate’s role to the Solicitor General’s functions and to any delegations made under that Act.
• Attorney General’s delegations: The Act itself provides the mechanism for delegation (s 10) by the Attorney General to the Crown Advocate and makes such delegated acts have the same force and effect as if done by the Attorney General (s 11(2)). The Attorney General’s power to delegate is limited only by the Act’s prohibition on delegating the delegation power itself and by any statutory limits in the principal Acts whose powers are being delegated. The Attorney General may continue exercising powers despite delegation (s 10(3)).
• Other Acts conferring duties: Section 9(f) allows the Crown Advocate to carry out duties and functions conferred or imposed by or under this or any other Act. Thus, the Crown Advocate’s role can be expanded by other legislation that expressly confers duties on the Crown Advocate.
• Instruments of appointment and delegation: The Governor’s instrument of appointment and the Attorney General’s instrument of delegation are central legal instruments under the Act. The Act requires delegations to be in writing and permits conditions and limitations to be attached (s 10(1)-(2)), but does not prescribe filing, publication, or registration requirements for those instruments within this Act.
• Absence of oversight or appeal processes in the Act: The Act does not state how acts done under delegation are to be reviewed by other public law mechanisms. Because s 11(4) bars inquiry into whether an act was authorised by the delegation, the Act narrows one avenue of challenge while not specifying others; interactions with administrative law judicial review or other statutes are left to general law and to the content of other Acts.

In sum, the Act’s primary statutory interactions are with the Statutory and Other Offices Remuneration Act 1975, the Government Sector Employment Act 2013 (by explicit exclusion), the Mental Health Act 1958, and the Solicitor General Act 1969. It also contemplates and depends upon instruments of appointment and delegation provided under the Attorney General’s powers and other legislation that may assign functions to the Crown Advocate.

The Act’s text includes marginal amendment annotations for several sections. The Act as supplied records the following amendment entries. These entries should be read as the Act’s own notes of legislative changes; they are the source-provided amendment references.

• Section 3: The footnote attached to s 3 states: "s 3: Am 1990 No 99, Sch 4; 1993 No 87, Sch 5; 2008 No 62, Sch 3.2." That indicates amendments to s 3 were enacted by the 1990, 1993 and 2008 amending instruments listed in the footnote.
• Section 4: The footnote states: "s 4: Subst 2015 No 15, Sch 3.18." This indicates s 4 was substituted by the 2015 amending instrument referenced.
• Section 6: The footnote states: "s 6: Am 1980 No 187, Sch 1; 1990 No 44, sec 4; 1990 No 99, Sch 4." That records amendments to s 6 by 1980 and 1990 instruments.
• Section 7: The footnote states: "s 7: Am 1987 No 48, Sch 30." This records an amendment in 1987.
• Section 8: No amendment footnote is printed in the supplied text, but s 8 includes references to the Solicitor General Act 1969.
• Section 9: The footnote states: "s 9: Am 1986 No 212, Sch 1; 1998 No 49, Sch 8 [1] [2]." That records amendments in 1986 and 1998.
• Section 10: The footnote states: "s 10: Ins 1998 No 49, Sch 8 [3]." This indicates s 10 was inserted by the 1998 instrument.
• Section 11: The footnote states: "s 11: Ins 1998 No 49, Sch 8 [3]." This indicates s 11 was also inserted in 1998.

These notes identify the amending instruments by year and schedule or section number as supplied in the Act’s marginalia. The Act text itself does not include the content of those amending instruments beyond the present consolidated wording. The amendment footnotes show an incremental evolution of the office, including the insertion of the delegation provisions (ss 10-11) in 1998 and later substitution of s 4 in 2015 to clarify the office’s exclusion from the Government Sector Employment Act 2013.

Users wishing to verify the chronology, read prior versions, or see the exact changes should consult the cited amending instruments by year and schedule as listed in the footnotes. The Act text here provides the current consolidated provisions and the amendment references that produced them.

The supplied Act text contains no case law citations, reported decisions, or specific litigation references. The Act’s own marginal notes do not name any judicial authorities or litigation outcomes. The only related materials cited in the Act are other statutes, such as the Solicitor General Act 1969, the Statutory and Other Offices Remuneration Act 1975, the Mental Health Act 1958, and the Government Sector Employment Act 2013.

Because the statute itself contains no litigation history, no claims about how courts have construed specific provisions, such as the delegation clauses in ss 10-11 or the Governor’s removal power in s 6(2), can be drawn from this text alone. Any judicial interpretation or challenge of provisions such as:

• the scope and effect of delegations under s 10 and the limitation on inquiry in s 11(4),
• the Governor’s removal power under s 6(2),
• the automatic vacation triggers in s 6(1),
• the exclusion from the Government Sector Employment Act 2013 under s 4,

is not set out in the Act and therefore cannot be summarised from this source.

If users require litigation history or judicial interpretation of any section of the Act, they will need to consult case reports, court databases, or secondary sources that track judicial decisions dealing with these sections. The absence of litigation references in the Act does not mean such litigation does not exist; it simply means none is recorded in the Act text supplied.

The Act contains a number of provisions and drafting choices that create specific legal and operational consequences which practitioners, administrators and affected parties should note.

• Definition includes deputy: Section 2 defines "Crown Advocate" to include the deputy appointed to act during the Crown Advocate’s illness or absence. That means an individual appointed under s 8 to act temporarily is, for the purposes of the Act, within the statutory concept of Crown Advocate, with implications for vacation, remuneration, and duties as prescribed by the Act.
• Exclusion from the Government Sector Employment Act 2013: Section 4 expressly removes the office from that employment Act. Practically this means the office’s employment governance, leave entitlements and employment processes are not governed by the Government Sector Employment Act 2013 but instead by the provisions of this Act and by the statutes explicitly referenced such as the Statutory and Other Offices Remuneration Act 1975 and Ministerial determinations (s 7). That can produce differences in recruitment, discipline, leave and review processes compared with other public sector officers.
• Broad gubernatorial removal: Section 6(2) allows the Governor to remove the Crown Advocate "for any cause which appears to the Governor to be sufficient." The text does not prescribe procedural safeguards, notice or appeal rights. Practitioners should note the statutory grant of removal power is broad.
• Automatic vacation triggers tied to other statutes: Section 6(1)(c) relies on classifications within the Mental Health Act 1958. Changes to that Act may change which statuses automatically vacate the office here. Similarly, insolvency and bankruptcy triggers rely on bankruptcy law concepts referenced in s 6(1)(b).
• No express penalties or misconduct procedures: The Act does not establish criminal or civil penalties for misconduct, nor does it set out internal disciplinary procedures or independent review mechanisms. Enforcement is effected by vacation and removal rather than by in-Act disciplinary penalties.
• Delegation and limited inquiry: Sections 10 and 11 create a delegation architecture that converts delegated acts into acts of the Attorney General (s 11(2)) and precludes inquiry into whether an act was authorised by the delegation (s 11(4)). This reduces a legal avenue to challenge the authority for certain acts, but practitioners should be aware that the Act does not specify publication or transparency requirements for delegations, nor does it set out the internal procedural requirements for records of delegation or decision-making.
• Delegated discretion becomes Crown Advocate’s opinion: Section 11(3) provides that where the exercise of a delegated power depends on the Attorney General’s opinion, belief or state of mind, the Crown Advocate may exercise it on the Crown Advocate’s own opinion, belief or state of mind. That transfers a component of subjective discretion to the Crown Advocate when acting under delegation.
• Attorney General may continue to act: Section 10(3) allows the Attorney General to continue exercising powers despite delegating them. This creates potential for overlap or dual decision-making paths, which can complicate operational clarity unless delegation instruments and office practice are carefully recorded.
• Limits on outside practice: Section 6(1)(f) deems the Crown Advocate to have vacated office if engaging in paid employment or remunerated practice of law outside the duties of the office during the term. Practitioners must ensure clarity about what conduct counts as "outside the duties of the office" to avoid inadvertently triggering vacation.
• Ministerial control over allowances and leave: Although excluded from the Government Sector Employment Act 2013, the Crown Advocate’s leave and allowances are subject to Ministerial determination (s 7(1)(b)-(2)), so employment conditions can be heavily influenced by Ministerial action.
• No statutory transparency for instruments of delegation or appointment mandated in the Act: The Act requires delegations to be in writing and permits conditions (s 10(1)-(2)), but it does not require publication, registration, or filing in a place accessible to third parties, which may reduce public visibility of the scope of delegated authorities.
• Re-appointment uncertainty: The Act allows re-appointment for terms not exceeding seven years (s 5(2)) but does not prescribe limits on the number of re-appointments, procedures for selection on re-appointment, or performance criteria, leaving those choices to the Governor and Ministerial processes.

Each of these items is grounded in the text. They are operational and legal points that can influence appointment, removal, delegation practice, transparency, and the intersection between statutory and administrative frameworks.

This section sets out concrete steps and record-keeping and behavioural precautions for each principal actor to comply with the Act’s requirements and to manage risks that arise from the statute’s provisions.

For prospective appointees (lawyers intended for appointment as Crown Advocate)

• Ensure eligibility: Verify Australian legal practitioner status and at least seven years’ standing before accepting nomination (s 3(1)).
• Understand term and re-appointment: Expect appointment for a specified term not exceeding seven years and that re-appointment is possible if otherwise qualified (s 5(1)-(2)).
• Avoid conflicts with outside employment: Do not engage in paid employment or remunerated practice of law outside the duties of the office during the term, since such conduct is an automatic vacation trigger (s 6(1)(f)).
• Prepare for instruments and conditions: Accept that the Governor may set terms and conditions of appointment (s 3(2)) and ensure any contractual terms are consistent with the statute.
• Submit resignation correctly: If resigning, do so by instrument in writing addressed to the Governor (s 6(1)(d)).

For the Attorney General and legal sponsors

• Use written instruments for delegation: Make delegations to the Crown Advocate by instrument in writing as required (s 10(1)). Specify clearly the powers delegated, conditions, limitations, time and circumstances (s 10(2)).
• Keep records of delegation: Although the Act bars external inquiry into authorisation (s 11(4)), maintain internal administrative records of the written delegation, who signed it, its effective dates, and any conditions or limitations for audit and internal oversight.
• Consider overlapping exercise of powers: Note that the Attorney General may continue to exercise delegated powers (s 10(3)). Avoid operational confusion by clarifying in the delegation instrument whether concurrent exercise is intended and how conflicts will be managed.
• Clarify opinion-based powers: If a delegated power depends on an opinion, belief or state of mind, record the standards and decision criteria to be applied by the Crown Advocate, since s 11(3) permits the Crown Advocate to exercise such powers on the Crown Advocate’s own opinion.

For the Governor and appointment authorities

• Document appointment terms: Set out the term not exceeding seven years, conditions and any expectations in an instrument of appointment, and keep a copy in the official record (s 3(1)-(2), s 5).
• Use removal prudently: If removal is being considered under s 6(2), document the factual basis and internal process used to reach the decision, given the Act’s broad grant of removal power and absence of statutory procedural requirements.

For the Minister responsible for allowances and leave

• Issue determinations for allowances and leave: Since s 7 places travelling and subsistence allowances and leave within the Minister’s determinations, issue clear written policies or determinations that set out entitlements, processes for claiming allowances and applying for leave, and record decisions to avoid disputes.
• Coordinate with remuneration framework: Ensure payments comply with the Statutory and Other Offices Remuneration Act 1975 as required by s 7(1)(a).

For departmental administrators and legal services

• Operationalise delegation and direction: When the Crown Advocate is to act for the Director of Public Prosecutions, secure both the Attorney General’s consent and the Director’s request per s 9(b). Keep written records of the request and consent.
• Maintain confidentiality and file management: Record the basis for each appearance or advice given by the Crown Advocate, including whether direction or delegation authorisation exists, the relevant instrument of delegation, and any limits imposed.
• Monitor outside employment risk: For appointees moving from private practice, ensure contractual terms and handover arrangements prevent simultaneous remunerated practice outside the office’s duties during the term (s 6(1)(f)).

For deputies and those acting temporarily

• Confirm status under s 2 and s 8: The deputy appointed to act is covered by the Act’s definition (s 2) and must act within the scope of the appointment, understanding the deputy will be treated as the Crown Advocate for statutory purposes during the period of acting (s 8(1)).
• Record acting appointments: Keep the Governor’s appointment instrument and specify start and end dates in departmental records.

For auditors and oversight bodies

• Review delegation instruments and records: Although s 11(4) bars third-party inquiry into whether a particular act was authorised by a delegation, internal auditors and oversight bodies should maintain contemporaneous records of delegation instruments, conditions, and decisions made under delegation for accountability purposes consistent with other applicable statutes and internal governance regimes.
• Coordinate with remuneration rules: Cross-check remuneration and allowance payments with the Statutory and Other Offices Remuneration Act 1975 and Ministerial determinations as a compliance control (s 7).

Cross-cutting practices

• Written forms: Use written instruments for appointment, delegation, removal, consent and requests as the Act contemplates written forms for delegation (s 10(1)), and specifies resignation in writing to the Governor (s 6(1)(d)).
• Record keeping: Given the Act’s focus on instruments and the restrictions on external inquiry into delegation, maintain clear internal records of delegations, consents, requests, directions and remuneration decisions to support internal governance and to respond to any external oversight obligations from other statutes.
• Check cross-referenced statutes: Because the Act imports or relies on definitions and mechanisms from other Acts such as the Mental Health Act 1958, the Solicitor General Act 1969, and the Statutory and Other Offices Remuneration Act 1975, ensure actions are consistent with those statutes where they are linked to triggers or rights in this Act (s 6(1)(c), s 8(2), s 7(1)(a)).

Following these steps will align behaviour with the Act’s formal requirements and reduce the risk of triggering automatic vacation, uncertain delegation authority, or remuneration disputes.