Law Officer Act 1992 (ACT)

The Law Officer Act 1992 (repealed) outlined the functions and powers of the Attorney-General in the Australian Capital Territory (ACT). The Act was repealed by the Law Officers Act 2011, which came into effect on 31 August 2011. The repealed Act was republished with amendments up until 31 August 2011, providing a comprehensive view of its legislative history.

The court was tasked with interpreting several provisions of the Law Officer Act 1992 (repealed), specifically those concerning the functions of the Attorney-General, the issuance of model litigant guidelines, and the protection from liability for those performing Territory legal work. The central legal issues revolved around the scope of the Attorney-General’s traditional functions, the enforceability of model litigant guidelines, and the immunity from personal liability for individuals performing Territory legal work when complying with such guidelines.

The court meticulously reviewed the legislative text and relevant case law to determine the Attorney-General’s broad role, which includes not only the functions explicitly stated in the Act but also the traditional prerogatives and privileges of State Attorneys-General. It held that these functions do not impede the authority of other individuals or entities legally permitted to institute or conduct litigation on behalf of the ACT. Regarding the model litigant guidelines, the court affirmed that compliance is mandatory for all performing Territory legal work, and non-compliance issues could only be raised by or on behalf of the Territory. Furthermore, the court upheld the protection from personal liability for those complying with the guidelines, stating that any resulting civil liability would instead attach to the Territory.

The final orders of the court clarified the interpretative framework for the repealed Law Officer Act 1992, affirming the Attorney-General’s comprehensive role, the mandatory compliance with model litigant guidelines, and the immunity from personal liability for those adhering to such guidelines.