Solicitor-General Act 1985 (Qld)

Solicitor-General Act 1985

An Act to provide in respect of the office of Solicitor-General and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Solicitor-General Act 1985.

2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a date to be fixed by proclamation.

3 [Repealed]

4 [Repealed]

Part 2 Solicitor-General and staff

5 Appointment of Solicitor-General (1) The Solicitor-General shall be appointed, from time to time, by Letters Patent issued by or on behalf of Her Majesty, on recommendation of the Executive Council. (2) The Solicitor-General— (a) shall be appointed for a term not exceeding 5 years determined by the Governor in Council and specified in the instrument of his or her appointment; and (b) shall, subject to this Act, be eligible for reappointment upon the expiration of his or her term of appointment; and (c) shall be appointed and hold office on the conditions prescribed and otherwise as the Governor in Council determines. (3) A person shall be eligible for appointment to the office of Solicitor-General if the person is a barrister entitled to practise in the Supreme Court of not less than 10 years standing. (4) Notification of the appointment of a person to the office of Solicitor-General shall be published in the Gazette. (5) The solicitor-general is to be appointed under this Act, and not under the Public Sector Act 2022.

6 Constitution Act s 14 not applicable Section 14 of the Constitution Act 1967 does not apply in respect of the appointment to the office of Solicitor-General.

7 Acting Solicitor-General (1) In the event of a vacancy in the office of Solicitor-General or of the illness or absence of the person holding that office the Governor in Council may, upon the recommendation of the Minister, by notification published in the Gazette, appoint a person eligible for appointment to that office to act as Solicitor-General and may at any time revoke that appointment. (2) A person appointed under subsection (1) shall be entitled to act as Solicitor-General until— (a) the appointment is revoked; or (b) a person is appointed Solicitor-General under section 5; or (c) the person holding the office of Solicitor-General returns to the duties of that office; whichever event first occurs. (3) A person appointed to act in the office of Solicitor-General shall hold the appointment on conditions determined by the Governor in Council and specified in the instrument of appointment. (4) While a person continues to be entitled to act in the office of Solicitor-General the person shall discharge the functions and may exercise the authorities conferred on the Solicitor-General by this Act. (5) A person appointed to act in the office of Solicitor-General shall not be subject to the Public Sector Act 2022 while the person acts in that office unless immediately before the appointment the person was subject to that Act, in which case, while the person acts in that office, the person shall continue to be subject to that Act and shall be an officer of the public service.