Crown Proceedings Act 1993

The Attorney-General may, on behalf of the Crown, intervene in proceedings – in which the interpretation or validity of any law of the State or the Commonwealth is in question; or in which – any legislative or executive power of the State or the Commonwealth, or of an instrumentality or agency of the State or the Commonwealth, is in question; or any judicial power of a court or tribunal established under a law of the State or the Commonwealth is in question; or in which the court grants leave to intervene on the ground that the proceedings raise an issue of public importance – for the purpose of submitting argument on the question in issue.

The Attorney-General has the same right of appeal in proceedings in which he or she intervenes under subsection (1) as a party to those proceedings.

If the Attorney-General intervenes in proceedings under this section, the court may make an order for costs against the Crown to reimburse the parties to the proceedings for costs occasioned by the intervention, but the court is not to make such an order unless there are special circumstances which in the opinion of the court make it appropriate to do so.

In this section, references to the Attorney-General extend not only to the Attorney-General for this State but also to the Attorney-General for any other State or the Commonwealth and references to the Crown have a correspondingly extended meaning.