1Short title
This Act may be cited as the Solicitor‑General Act 1969.
Parliamentary material from the official source. Links open the official source in a new tab.
Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Solicitor‑General Act 1969.
In this Act, unless the contrary intention appears —
Attorney General includes, where there is a vacancy in the office of Attorney General the person holding office as the Minister for Justice;
Solicitor‑General means a person holding office as Solicitor‑General of the State of Western Australia in pursuance of this Act.
In sections 5, 9 and 13, Solicitor‑General includes a person acting in the office of Solicitor‑General of the State of Western Australia in pursuance of this Act.
[Section 2 amended: No. 57 of 1997 s. 112(1); No. 29 of 2006 s. 4.]
The Governor may appoint a person to be the Solicitor‑General of the State of Western Australia.
Subject to this Act, the Solicitor‑General holds office for the term (not exceeding 7 years) fixed by the instrument of appointment and is eligible for reappointment.
A person is eligible for appointment as Solicitor‑General if that person is a lawyer and has had not less than 8 years’ legal experience.
In subsection (2) —
legal experience means —
standing and practice as a legal practitioner; or
judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or
a combination of both kinds of legal experience mentioned in paragraphs (a) and (b).
[Section 3 amended: No. 65 of 2003 s. 118; No. 29 of 2006 s. 5; No. 21 of 2008 s. 705; No. 9 of 2022 s. 424.]
In this section —
remuneration has the meaning given to that term in section 4(1) of the Salaries and Allowances Act 1975.
The remuneration of the Solicitor‑General is to be determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975.
[Section 4 inserted: No. 29 of 2006 s. 6.]
The Governor may determine —
the leave of absence to which the Solicitor‑General is entitled; and
other terms and conditions of service that apply to the Solicitor‑General.
[Section 4A inserted: No. 29 of 2006 s. 6.]
The Solicitor‑General may resign his office by instrument in writing under his hand and delivered to the Governor.
[(2) deleted]
[Section 5 amended: No. 29 of 2006 s. 7.]
Except in the performance of the functions or duties of his office or with the approval of the Governor the Solicitor‑General shall not engage in the practice of a barrister or solicitor or engage in any other paid employment.
The Governor may remove the Solicitor‑General from office if the Solicitor‑General —
except by reason of temporary illness becomes incapable of performing the duties of his office; or
is guilty of misbehaviour; or
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.
[Section 7 amended: No. 18 of 2009 s. 82.]
In the event of a vacancy occurring in the office of Solicitor‑General, or of the illness or absence of the person holding that office, the Governor may appoint a person who is eligible for appointment to that office to act as Solicitor‑General and may at any time revoke the appointment.
Subject to this Act, a person appointed under subsection (1) holds office for the term (not exceeding 12 months) fixed by the instrument of appointment and is eligible for reappointment.
A person appointed under subsection (1) holds office until —
the appointment is revoked or expires; or
the person resigns the office; or
a person is appointed Solicitor‑General under section 3; or
the person holding office as Solicitor‑General ceases to be ill or absent,
whichever first happens.
The Governor may determine the terms and conditions of service that apply to a person appointed under subsection (1).
[Section 8 amended: No. 29 of 2006 s. 8.]
The Solicitor‑General —
may act as counsel for the Crown in right of the State and for any other body or person for whom the Attorney General requests him to act, and may perform such other duties of counsel as the Attorney General directs; and
may exercise, subject to this Act, any powers and functions conferred on the Solicitor‑General by any Act of the State or the Commonwealth, whether passed before or after the coming into operation of this Act.
[Section 9 amended: No. 57 of 1997 s. 112(2).]
Where the Solicitor‑General was, immediately before his appointment as such, an officer of the Public Service of the State —
he retains his existing and accruing rights and in particular his rights, if any, under the Superannuation and Family Benefits Act 1938 1; and
for the purpose of determining those rights, his service as Solicitor‑General shall be taken into account as if it were service in the Public Service of the State.
[(2) deleted]
[Section 10 amended: No. 69 of 1979 s. 3; No. 29 of 2006 s. 9.]
[11, 12. Deleted: No. 29 of 2006 s. 10.]
The Attorney General may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand delegate to the Solicitor‑General all or any of his powers and functions under all or any of the laws of the State, except this power of delegation.
A power or function delegated under this section may be exercised or performed by the Solicitor‑General in accordance with the instrument of delegation.
A delegation under this section is revocable at will and does not prevent the exercise of a power or performance of a function by the Attorney General.
[Section 13 amended: No. 57 of 1997 s. 112(2).]
Showing the first 12 of 18 provisions. See all provisions