The Attorney-General's Department is a
department of the
federal government of Australia responsible for
law and justice
Law and Justice ( pl, Prawo i Sprawiedliwość , PiS) is a right-wing populist and national-conservative political party in Poland. Its chairman is Jarosław Kaczyński.
It was founded in 2001 by Jarosław and Lech Kaczyński as a direct ...
, and since 29 May 2019, industrial relations.
The head of the department is the
Secretary
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a ...
of the Attorney-General's Department, currently Katherine Jones , who reports to the
Attorney-General for Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Aust ...
, currently
Mark Dreyfus
Mark Alfred Dreyfus (born 3 October 1956) is an Australian politician and lawyer who has been attorney-general of Australia and cabinet secretary since June 2022, having held both roles previously in 2013 and from 2010 to 2013 respectively. ...
.
History
The Attorney-General's Department is one of seven original Commonwealth Departments of state, commencing with the Commonwealth of Australia on 1 January 1901. It is one of only three departments, along with
Defence
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense indust ...
and
Treasury
A treasury is either
*A government department related to finance and taxation, a finance ministry.
*A place or location where treasure, such as currency or precious items are kept. These can be state or royal property, church treasure or ...
, to have operated continuously under their original name and charter since
Federation
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-govern ...
.
Organisation
The department is organised into five groups, each headed by a Deputy Secretary. These Deputy Secretaries report to the Secretary who co-ordinates and devises departmental structure and policy.
These five groups are:
*
Australian Government Solicitor
* Legal services and Families
* Integrity and International
* Industrial Relations
* Enabling Services
The Attorney-General's Department is located at the Robert Garran Offices, 3-5 National Circuit,
Barton in the
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
.
Departmental Secretary
The permanent secretary of the Attorney-General's Department is the non-political public service head of the department. This role dates from federation, and the first incumbent, Sir Robert Garran, was the first (and for a time the only) public servant employed by the federal government. In that role, he was responsible for overseeing the first federal election and setting up the rest of the federal bureaucracy by transferring state government functions to the federal government.
From 1916, when the position of
Solicitor-General of Australia
The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicit ...
was created as the second law officer and deputy of the Attorney-General, the permanent secretary served concurrently as Solicitor-General, until the two roles were separated in 1964. Under the Law Officers Act passed that year, the Solicitor-General's role was clarified as statutory counsel deputising for the Attorney-General, separate from the role of the permanent secretary.
On the recommendation of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
, the
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
has appointed the following individuals as Secretary of the department:
Mission and outcomes
The mission of the department is "achieving a just and secure society". In pursuing this mission, the department works towards achieving *A just and secure society through the maintenance and improvement of Australia's law and justice framework and its national security and emergency management system".
Operational functions
The Administrative Arrangements Order made on 01 June 2022 details the following responsibilities to the Department:
* Law and justice, including -
**
Administrative law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...
** Alternative dispute resolution
** Bankruptcy
** Constitutional law
**
Courts and tribunals
**
Human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
** International law
** Law reform
**
Legal assistance
** Legislative drafting
**
Marriage and family law
** Personal property securities
* Legal services to the Commonwealth
* Law enforcement policy and operations
* Administration of criminal justice, including -
** Criminal law policy and principles of criminal responsibility
** Matters relating to prosecution
** Sentencing and management of federal offenders
** Internal crime cooperation, including extradition and mutual assistance in criminal matters
* Protective security policy
* Protective services at Commonwealth establishments and diplomatic and consular premises in Australia
* Administrative support for Royal Commissions and certain other inquiries
* Privacy
* Freedom of Information
* Native title
* Fraud and anti-corruption policy
* Whole of government integrity policy and activities
* Copyright
* National child protection policy and strategy
See also
*
Attorney-General's Department (South Australia)
The attorney-general of South Australia is the Cabinet minister in the Government of South Australia who is responsible for that state's system of law and justice. The attorney-general must be a qualified legal practitioner, although this was ...
*
Australasian Fire and Emergency Service Authorities Council
*
List of Australian Commonwealth Government entities
References
{{authority control
Government departments of Australia
Ministries established in 1901
Justice ministries
Government agencies established in 1901
Legal organisations based in Australia
Attorneys-General of Australia