Solicitor-General Act 1969
Reprint 2: The Act as at 18 January 2008
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Solicitor-General Act 1969
CONTENTS
1.Short title1
2.Terms used in this Act1
3.Solicitor‑General, appointment and qualifications2
4.Remuneration2
4A.Leave and other conditions of service2
5.Resignation3
6.Private practice prohibited except with approval3
7.Removal from office3
8.Acting Solicitor‑General3
9.Functions4
10.Certain rights as a public servant preserved4
13.Attorney General may delegate to Solicitor‑General5
14.Transitional matters for Solicitor‑General Amendment Act 20065
Notes
Compilation table7
Provisions that have not come into operation8
Defined Terms
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Western Australia
Solicitor‑General Act 1969
An Act relating to the office of Solicitor‑General of the State of Western Australia.
This Act may be cited as the Solicitor‑General Act 1969 1.
(1)In this Act, unless the contrary intention appears —
“Attorney General” includes, where there is a vacancy in the office of Attorney General the person holding office as the Minister for Justice;
“Solicitor‑General” means a person holding office as Solicitor‑General of the State of Western Australia in pursuance of this Act.
(2)In sections 5, 9 and 13, “Solicitor‑General” includes a person acting in the office of Solicitor‑General of the State of Western Australia in pursuance of this Act.
[Section 2 amended by No. 57 of 1997 s. 112(1); No. 29 of 2006 s. 4.]
3.Solicitor‑General
(1)The Governor may appoint a person to be the Solicitor‑General of the State of Western Australia.
(1a)Subject to this Act, the Solicitor‑General holds office for the term (not exceeding 7 years) fixed by the instrument of appointment and is eligible for reappointment.
(2)A person is not eligible for appointment as Solicitor‑General unless he or she is a legal practitioner (as defined in the Legal Practice Act 2003) or a barrister or solicitor of the Supreme Court of another State or a Territory of not less than 8 years’ standing and practice.
[Section 3 amended by No. 65 of 2003 s. 118; No. 29 of 2006 s. 5.]
(1)In this section —
“remuneration” has the meaning given to that term in section 4(1) of the Salaries and Allowances Act 1975.
(2)The remuneration of the Solicitor‑General is to be determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975.
[Section 4 inserted by No. 29 of 2006 s. 6.]
4A.Leave and other conditions of service
The Governor may determine —
(a)the leave of absence to which the Solicitor‑General is entitled; and
(b)other terms and conditions of service that apply to the Solicitor‑General.
[Section 4A inserted by No. 29 of 2006 s. 6.]
(1)The Solicitor‑General may resign his office by instrument in writing under his hand and delivered to the Governor.
[(2)repealed]
[Section 5 amended by No. 29 of 2006 s. 7.]
6.
Except in the performance of the functions or duties of his office or with the approval of the Governor the Solicitor‑General shall not engage in the practice of a barrister or solicitor or engage in any other paid employment.
The Governor may remove the Solicitor‑General from office if the Solicitor‑General —
(a)except by reason of temporary illness becomes incapable of performing the duties of his office;
(b)is guilty of misbehaviour; or
(c)becomes bankrupt or insolvent, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his salary for their benefit.
(1)In the event of a vacancy occurring in the office of Solicitor‑General, or of the illness or absence of the person holding that office, the Governor may appoint a person who is eligible for appointment to that office to act as Solicitor‑General and may at any time revoke the appointment.
(1a)Subject to this Act, a person appointed under subsection (1) holds office for the term (not exceeding 12 months) fixed by the instrument of appointment and is eligible for reappointment.
(2)A person appointed under subsection (1) holds office until —
(a)the appointment is revoked or expires; or
(aa)the person resigns the office; or
(b)a person is appointed Solicitor‑General under section 3; or
(c)the person holding office as Solicitor‑General ceases to be ill or absent,
whichever first happens.
(3)The Governor may determine the terms and conditions of service that apply to a person appointed under subsection (1).
[Section 8 amended by No. 29 of 2006 s. 8.]
The Solicitor‑General —
(a)may act as counsel for the Crown in right of the State and for any other body or person for whom the Attorney General requests him to act, and may perform such other duties of counsel as the Attorney General directs; and
(b)may exercise, subject to this Act, any powers and functions conferred on the Solicitor‑General by any Act of the State or the Commonwealth, whether passed before or after the coming into operation of this Act.
[Section 9 amended by No. 57 of 1997 s. 112(2).]
10.
(1)Where the Solicitor‑General was, immediately before his appointment as such, an officer of the Public Service of the State —
(a)he retains his existing and accruing rights and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938 2; and
(b)for the purpose of determining those rights, his service as Solicitor‑General shall be taken into account as if it were service in the Public Service of the State.
[(2)repealed]
[Section 10 amended by No. 69 of 1979 s. 3; No. 29 of 2006 s. 9.]
[11, 12.Repealed by No. 29 of 2006 s. 10.]
13.Attorney General may delegate
(1)The Attorney General may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand delegate to the Solicitor‑General all or any of his powers and functions under all or any of the laws of the State, except this power of delegation.
(2)A power or function delegated under this section may be exercised or performed by the Solicitor‑General in accordance with the instrument of delegation.
(3)A delegation under this section is revocable at will and does not prevent the exercise of a power or performance of a function by the Attorney General.
[Section 13 amended by No. 57 of 1997 s. 112(2).]
14.Transitional matters for Solicitor‑General Amendment Act 2006
(1)In this section —
“amended Act” means this Act as amended by the Solicitor‑General Amendment Act 2006;
“current Solicitor‑General” means the Solicitor‑General holding office immediately before 18 July 2006;
“former Act” means this Act as in force immediately before 18 July 2006.
(2)This section applies if the current Solicitor‑General is appointed under section 3(1) of the amended Act and section 25 of the Interpretation Act 1984.
(3)Despite section 2 of the Solicitor‑General Amendment Act 2006, that Act is taken to have come into operation on 18 July 2006 immediately after the retirement of the current Solicitor‑General.
(4)Sections 4, 4A and 10 of the amended Act do not apply in relation to the current Solicitor‑General in respect of any period for which he has held or holds office whenever occurring.
(5)Sections 4, 10, 11 and 12 of the former Act continue to apply in relation to the current Solicitor‑General in respect of all periods for which he has held or holds office whenever occurring as if the aggregate of those periods were one continuous period of service.
(6)The retirement of the current Solicitor‑General referred to in subsection (3) is not retirement for the purposes of section 11 of the former Act.
[Section 14 inserted by No. 29 of 2006 s. 11.]
1This reprint is a compilation as at 18 January 2008 of the Solicitor-General Act 1969 and includes the amendments made by the other written laws referred to in the following table 1a, 3. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Solicitor‑General Act 1969 |
38 of 1969 |
19 May 1969 |
19 May 1969 |
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Acts Amendment (Judicial Salaries and Pensions) Act 1976 Pt. II |
125 of 1976 |
2 Dec 1976 |
1 Jan 1977 (see s. 2) |
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Solicitor-General Act Amendment Act 1979 |
69 of 1979 |
21 Nov 1979 |
19 May 1969 (see s. 2) |
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Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
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Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
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Statutes (Repeals and Minor Amendments) Act 1997 s. 112 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
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Reprint of the Solicitor-General Act 1969 as at 1 Nov 2002 (includes amendments listed above) |
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Acts Amendment (Equality of Status) Act 2003 Pt. 54 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
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Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 118 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
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Solicitor-General Amendment Act 2006 s. 4‑11 |
29 of 2006 |
30 Jun 2006 |
18 Jul 2006 (see s. 2) |
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Reprint 2: The Solicitor-General Act 1969 as at 18 Jan 2008 (includes amendments listed above) |
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1aOn the date as at which thi
Provisions that have not come into operation
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Short title |
Number and year |
Assent |
Commencement |
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State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 64 4 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.
3The amendment to s. 4 in the Financial Legislation Amendment and Repeal Act 2006 s. 4 is not included because the section it sought to amend was replaced by the Solicitor‑General Amendment Act 2006 s. 6.
4On the date as at which this reprint was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 64 had not come into operation. It reads as follows:
“
64.Solicitor‑General Act 1969 amended
Section 10 of the Solicitor‑General Act 1969 is amended as follows:
(a)in subsection (1)(a) by deleting “and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938”;
(b)by repealing subsection (2).
”.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
Attorney General2(1)
current Solicitor‑General14(1)
former Act14(1)
remuneration4(1)
Solicitor‑General2(1) and (2)
By Authority: JOHN A. STRIJK, Government Printer