What it does
The Law Officers Act 2011 consolidates and codifies the functions, powers and institutional arrangements for the three principal law officers of the Australian Capital Territory: the Attorney-General, the Solicitor-General and the Government Solicitor. It establishes the Attorney-General as the first law officer of the Territory (s 5) and sets out that officer's core functions, including acting as chief legal representative of the Crown in right of the Territory and of the Territory itself, serving as principal legal adviser, having responsibility for administration of law and justice in the ACT, and starting and conducting litigation on behalf of the Crown, the Territory, a Minister or a person suing or being sued on behalf of the Territory (s 6(a)-(d)). The Attorney-General must also ensure litigation is conducted according to proper standards (s 6(e)). The Act additionally preserves for the Attorney-General the traditional functions, prerogatives and privileges of State Attorneys-General, subject to the Act and any other territory law (s 7). A critical element of the Act is the creation of a regime for legal services directions (Division 2.2, ss 10-15). The Attorney-General may issue legal services directions that apply generally to territory legal work or to particular matters (s 11(1)). The Act mandates that the Attorney-General must issue a direction setting out model litigant guidelines to ensure proper standards in litigation (s 11(2)). Everyone performing territory legal work must comply with these directions (s 12(1)). The Act also addresses how client legal privilege interacts with those directions, providing that a person required to give information or produce a document under a direction cannot refuse on grounds of privilege or confidence (s 13(1)), and that disclosure does not constitute waiver (s 13(4)). The Act further provides a regime of civil liability substitution: a person performing territory legal work is not civilly liable for anything done honestly and without recklessness in complying with a direction, and any liability that would otherwise attach to the person attaches instead to the Territory (s 14). The Attorney-General is not civilly or criminally liable for anything done in compliance or purported compliance with a direction (s 12(4)). Part 3 (ss 16-25) provides for the appointment, functions and conditions of the Solicitor-General, who acts as counsel at the request of the Attorney-General and may be directed to exercise the chief solicitor's functions (s 17). Part 4 (ss 26-31) establishes the Government Solicitor as a body corporate (s 26(1)-(2)) and defines the persons and entities for whom the government solicitor may act as legal practitioner (s 26(3)). The Act also permits the government solicitor to act for two or more parties with conflicting interests if approved by the Attorney-General (s 27). The Act creates a delegation and authorisation framework for the chief solicitor (ss 28-30) and requires annual reporting on compliance with legal services directions (s 15). Finally, it contains a regulation-making power (s 32). The Act does not itself create criminal offences; its enforcement mechanisms are centred on the Attorney-General's power to enforce legal services directions (s 12(2)) and the Executive's power to end the Solicitor-General's appointment for misbehaviour or incapacity (s 21).