Solicitor-General Act 1969
Reprinted as at 1 November 2002
Guide for using this reprint
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Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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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•removed (because it was repealed or deleted from the law); or
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Western Australia
Solicitor-General Act 1969
CONTENTS
1.Short title1
2.Interpretation1
3.Solicitor‑General, appointment and qualifications1
4.Salary, leave entitlement etc.2
5.Resignation and retirement3
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
11.Pension5
12.Service as Solicitor‑General to be regarded as service as a Judge5
13.Attorney General may delegate to Solicitor‑General5
Notes
Compilation table7
Provisions that have not come into operation7
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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 4, 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).]
3.Solicitor‑General
(1)The Governor may, subject to this Act, appoint a person to be the Solicitor‑General of the State of Western Australia.
(2)A person is not eligible for appointment as Solicitor‑General unless —
(a)he is a practitioner as defined by the Legal Practitioners Act 1893 of not less than 8 years’ standing and practice; or
(b)he is a practising barrister of the English Bar, or of the High Court of Australia, of not less than 8 years’ standing.
4.Salary, leave entitlement etc.
(1)The Solicitor‑General —
(a)shall be paid the same salary and the same travelling and other allowances as are, respectively, paid from time to time to a Judge, not being the Judge holding the office of Chief Justice of Western Australia or the office of Senior Puisne Judge pursuant to the Judges’ Salaries and Pensions Act 1950;
[(b)deleted]
(c)is entitled to the same annual leave of absence for recreation and leave of absence on account of illness, as if he were an officer of the Public Service of the State; and
(d)is entitled to 3 months of long service leave on full salary for each completed period of 7 years of continuous service as Solicitor‑General.
(2)The salary of the Solicitor‑General shall be charged to the Consolidated Fund which is to the necessary extent appropriated accordingly.
[Section 4 amended by No. 125 of 1976 s. 8; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64.]
(1)The Solicitor‑General may resign his office by instrument in writing under his hand and delivered to the Governor.
(2)The Solicitor‑General shall retire from office on the day on which he attains the age of 65 years and thereupon the office of the Solicitor‑General becomes vacant.
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.
(2)A person so appointed holds office, subject to this Act on such terms and conditions as the Governor determines and until —
(a)his appointment is revoked;
(b)a person is appointed Solicitor‑General under section 3 of this Act; or
(c)the person holding office as Solicitor‑General ceases to be ill or absent,
whichever first happens.
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; 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)Where subsection (1) applies to and in respect of a person so that, under the Superannuation and Family Benefits Act 1938, a pension is payable to and in respect of him, the payment of that pension does not affect any pension that may be payable to and in respect of him under the Judges’ Salaries and Pensions Act 1950, but the pension otherwise payable under that Act to and in respect of him, shall be reduced in accordance with the provisions of that Act by the amount of the State share of the firstmentioned pension.
[Section 10 2 amended by No. 69 of 1979 s. 3.]
The provisions of the Judges’ Salaries and Pensions Act 1950 that relate to pensions and allowances, other than section 15, apply, with such modifications as circumstances require, to and in respect of the Solicitor‑General, and to and in respect of his widow and children after his death, in the same manner as they apply to and in respect of a Judge to whom that Act applies, and to his widow and children after his death.
[Section 11 amended by No. 69 of 1979 s. 4.]
12.Service as Solicitor‑General to be regarded as service as a Judge
Where a Solicitor‑General is appointed a Judge, his service (whether in continuous periods or not) as Solicitor‑General shall be regarded for the purposes of the Judges’ Salaries and Pensions Act 1950 as service as a Judge.
[Section 12 amended by No. 69 of 1979 s. 5.]
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).]
