Solicitor General Act 1969 (NSW)

Solicitor General Act 1969 No 80

An Act to provide for the appointment of the Solicitor General and the exercise and discharge by the Solicitor General of certain powers, authorities, duties and functions incident to the office of the Attorney General; and for purposes connected therewith.

1 Name of Act and definition (1) This Act may be cited as the Solicitor General Act 1969. (2) In this Act except in so far as the context or subject matter otherwise indicates or requires— Solicitor General includes the deputy appointed to act for the Solicitor General during the Solicitor General's illness or absence.

2 Appointment of Solicitor General (1) The Governor may appoint as Solicitor General an Australian lawyer of at least 7 years' standing. In case of the illness or absence of the Solicitor General the Governor may appoint a deputy to act for the Solicitor General during the Solicitor General's illness or absence. A person may be appointed to act for the Solicitor General (and may so act) even if the person is of or above the age at which the Solicitor General would vacate office. (2) The Solicitor General is to be appointed by the Governor for a term of 10 years or for such shorter term as may be necessary to ensure that the person's term of office extends to (but not beyond) the date on which the person reaches the age of 75 years. The Solicitor General is eligible (if otherwise qualified) for reappointment. (3) A Solicitor General is entitled to be paid— (a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and (b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Solicitor General. (3A) The leave which may be granted to the Solicitor General shall be as the Minister may from time to time determine in respect of the Solicitor General. (4) Any appointment pursuant to subsection (1) may be on such terms and conditions as the Governor determines. (5) A Solicitor General shall be deemed to have vacated office— (a) if for any cause which appears to the Governor sufficient the Solicitor General is removed from office by the Governor, (b) if the Solicitor General becomes bankrupt, compounds with his or her creditors, or makes any assignment of his or her remuneration or estate for their benefit, (c) if the Solicitor General becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act 1958, (d) if the Solicitor General resigns office by writing under his or her hand addressed to the Governor, or (e) when the Solicitor General reaches the age of 75 years, or (f) if the Solicitor General engages (whether in New South Wales or elsewhere) during his or her term of office in any paid employment or in any remunerated practice of law outside the duties of his or her office. (6) The office of Solicitor General shall not be held by a Minister of the Crown. (7) The person holding the office of Solicitor General at the commencement of this Act shall be deemed to have been appointed by the Governor under this Act, and shall, subject to subsection (3) and notwithstanding subsections (4) and (5), continue to hold that office on the terms and conditions on which the person held it immediately before such commencement. (8) Anything done or purporting to have been done by the Solicitor General after the Solicitor General has reached the age of 75 years is nevertheless as valid as if the Solicitor General had not reached that age. (9) The office of Solicitor General is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office. (10) The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) as Solicitor General. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment. (11) Schedule 1 has effect.