Law Officer Act 1992 (ACT)

Law Officer Act 1992 (repealed)   

A1992-54

Republication No 7

Effective:  31 August 2011

Republication date: 31 August 2011

As repealed by A2011-30 s 35

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Law Officer Act 1992 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 31 August 2011. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Law Officer Act 1992 (repealed)

Contents

Page

1            Name of Act  2

2            Dictionary  2

2A          Notes  2

3            Position of Attorney-General  2

4            Functions of Attorney-General  2

5            Additional functions of Attorney-General  3

5A          Effect of Attorney-General’s functions on certain litigation  3

5AA           Model litigant guidelines  4

5AB           Protection from liability  4

5AC           Reporting on model litigant guidelines  4

5B          Judicial notice of Attorney-General’s appointment etc  5

6            Regulation-making power  5

Dictionary6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  9

5            Earlier republications  10

Law Officer Act 1992 (repealed)

An Act relating to the functions and powers of the Attorney-General, and for related purposes

1. Name of Act

   This Act is the Law Officer Act 1992.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

1. Position of Attorney-General

   The Attorney-General is the first law officer of the Territory.

2. Functions of Attorney-General

   The functions of the Attorney-General are—

   (a)to be the chief legal representative of—

   (i)the Crown in right of the Territory; and

   (ii)the Territory;

   (b)to be the principal legal adviser to the Territory; and

   (c)to have responsibility for the administration of law and justice in the ACT; and

   (d)to institute and conduct litigation on behalf of—

   (i)the Crown in right of the Territory; or

   (ii)the Territory; or

   (iii)a Minister; or

   (iv)a person suing or being sued on behalf of the Territory; and

   (e)to ensure that litigation mentioned in paragraph (d) is started and conducted in accordance with proper standards; and

   (f)to exercise any function given to the Attorney-General under another Act; and

   (g)to exercise any other function prescribed by regulation.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

3. Additional functions of Attorney-General

   The Attorney-General also has, in relation to the Territory, the traditional functions, prerogatives and privileges of State Attorneys‑General, subject to this Act and any other Territory law.

5AEffect of Attorney-General’s functions on certain litigation

To remove any doubt, the functions of the Attorney-General, including the traditional functions, prerogatives and privileges of State Attorneys-General, do not prevent, and are taken never to have prevented, a person authorised by the Territory, or under a Territory law, from instituting or conducting litigation mentioned in section 4 (d) (Functions of Attorney-General).

5AAModel litigant guidelines

(1)The Attorney-General must issue model litigant guidelines to ensure that proper standards in litigation apply to Territory legal work.

(2)A guideline issued under subsection (1) is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

(3)Anyone performing Territory legal work must comply with the model litigant guidelines.

(4)The model litigant guidelines may be enforced only by, or on the application of, the Attorney-General.

(5)The issue of non-compliance with the model litigant guidelines may not be raised in a proceeding (whether in a court, tribunal or other body) except by or on behalf of the Territory.

5ABProtection from liability

(1)A person performing Territory legal work is not personally liable for anything done, or omitted to be done, honestly and without recklessness—

(a)in complying with a model litigant guideline; or

(b)in the reasonable belief that the act or omission complied with a model litigant guideline.

(2)Any civil liability that would, apart from this section, attach to a person attaches instead to the Territory.

5ACReporting on model litigant guidelines

(1)Each report prepared by the director‑general under the Annual Reports (Government Agencies) Act 2004 must—

(a)describe the measures taken by the administrative unit during the financial year to ensure compliance with the model litigant guidelines; and

(b)provide information concerning any breaches of the model litigant guidelines during the financial year.

(2)Each director‑general (other than the JACS director‑general) must—

(a)prepare a report setting out the matters mentioned in subsection (1) (a) and (b) for the administrative unit; and

(b)give the report to the JACS director‑general not later than 21 days after the end of the financial year.

(3)The report prepared by the JACS director‑general under subsection (1) must include a summary of each report given to the director‑general under subsection (2) for the relevant financial year.

(4)In this section:

JACS director‑general means the director‑general of the administrative unit responsible for this Act.

5BJudicial notice of Attorney-General’s appointment etc

(1)In any legal proceeding, a document apparently signed by the Attorney-General is presumed to have been signed by the Attorney-General in the absence of evidence to the contrary.

(2)The instrument by which the Attorney-General is so designated must, on production to the Supreme Court, be noted in the records of the court.

(3)No action, proceeding or matter (whether civil or criminal) by or against the Attorney-General abates or is affected by any change of office holder.

1. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Attorney-General

·     director‑general (see s 163)

·     document

·     Executive

·     exercise

·     function

·     instrument (see s 14)

·     Supreme Court

·     the Territory.

Attorney-General includes, if no Minister is designated Attorney‑General by the Chief Minister, the Minister for the time being administering this Act.

model litigant guidelines means the guidelines issued under section 5AA (1) (Model litigant guidelines).

Territory legal work means legal work associated with litigation conducted by a person for any of the following:

(a)the Territory;

(b)a body established by a law of the Territory;

(c)a company in which the Territory has a controlling interest.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

   Law Officer Act 1992 No 54

   notified 25 September 1992 (Gaz 1992 No S162)

   commenced 25 September 1992

   as amended by

   Legislation (Consequential Amendments) Act 2001 No 44 pt 214

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 214 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 10

   notified LR 3 March 2003
   s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
   pt 10 commenced 31 March 2003 (s 2 (2))

   
   
   

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 amdt 1.131

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

   
   

   amdt 1.131 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.56

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
   sch 3 pt 3.56 commenced 12 April 2007 (s 2 (1))

   Law Officer Amendment Act 2009 A2009-21

   notified LR 2 September 2009
   s 1, s 2 commenced 2 September 2009 (LA s 75 (1))

   remainder commenced 3 September 2009 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.90

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.90 commenced 1 July 2011 (s 2 (1))

   as repealed by

   Law Officers Act 2011 A2011-30 s 35

   notified LR 29 August 2011
   s 1, s 2 commenced 29 August 2011 (LA s 75 (1))
   s 35 commenced 31 August 2011 (s 2 and CN2011-9)

2. Amendment history

   Dictionary

   s 2sub A2007-3 amdt 3.313

   Notes

   s 2Ains A2007-3 amdt 3.313

   Functions of Attorney-General

   s 4 hdgsub A2003-2 s 52

   s 4am A2003-2 s 53, s 54; A2009-21 s 4

   Additional functions of Attorney-General

   s 5sub A2003-2 s 55

   Effect of Attorney-General’s functions on certain litigation

   s 5Ains A2003-2 s 55

   Model litigant guidelines

   s 5AAins A2009-21 s 5

   Protection from liability

   s 5ABins A2009-21 s 5

   Reporting on model litigant guidelines

   s 5ACins A2009-21 s 5

   am A2011-22 amdt 1.272, amdt 1.273

   Judicial notice of Attorney-General’s appointment etc

   s 5Breloc from Crown Proceedings Act 1992 s 18 by A2004‑60 amdt 1.131

   Regulation-making power

   s 6sub 2001 No 44 amdt 1.2608

   Amendment of Legal Practitioners Act 1970

   s 7om 2001 No 44 amdt 1.2608

   Regulations

   s 8om 2001 No 44 amdt 1.2608

   Dictionary

   dictins A2007-3 amdt 3.314

   am A2011-22 amdt 1.274

   def Attorney-General ins A2007-3 amdt 3.314

   def model litigant guidelines ins A2009-21 s 6

   defTerritory legal work ins A2009-21 s 6

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A2001-44	13 June 2002
2	A2003-2	31 March 2003
3	A2004-60	10 January 2005
4	A2007-3	12 April 2007
5	A2009-21	3 September 2009
6	A2011-22	1 July 2011