Solicitor General for New South Wales, known informally as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General. They can exercise the powers of the Attorney General in the Attorney General's absence. The Solicitor General acts alongside the

Crown Advocate Crown advocate is a title used in some former British colonies (and until recently in Britain) for a government prosecutor. In former British Colonies and certain British extraterritorial courts the title is (or was) used by the senior government ...

, and

Crown Solicitor A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...

, and serves as one of the legal and constitutional advisers of the Crown and its government in the Australian state of

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

. The Solicitor General is addressed in court as "Mr Solicitor" or "Ms Solicitor". Despite the title, the position is usually held by a

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

, and since 1925 has been a King or Queen's Counsel or

Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictio ...

. Previously a political appointment like the Attorney General is today, it has been separate from parliament since 1922 and since 1969 the Solicitor General has been a statutory office connected with the

Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

History and function

The Solicitor General operates under the provisions of the ''Solicitor General Act 1969''. The retirement age is set at 75. Appointment of Solicitor General. The Solicitor General acts as Counsel for the Crown in the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

and other courts, and advises the Attorney General on civil and criminal matters, including issues of constitutional law. Until 1987, the Solicitor General had the power to initiate Crown appeals at the Court of Criminal Appeal in NSW, it then became the responsibility of the Director of Public Prosecutions. While

John Plunkett John Hubert Plunkett (June 1802 – 9 May 1869) was Attorney-General of New South Wales, an appointed member of the Legislative Council 1836–41, 1843–56, 1857–58 and 1861–69. He was also elected as a member of the Legislative As ...

was the first NSW Barrister to be appointed a

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...

, this was on 6 June 1856 after he had retired as Attorney General. The first person who was a Queen's Counsel at the time of his appointment as Solicitor General was

John Hargrave John Gordon Hargrave (6 June 1894 – 21 November 1982), (woodcraft name 'White Fox'), was a prominent youth leader in Britain during the 1920s and 1930s, Head Man of the Kibbo Kift, described in his obituary as an 'author, cartoonist, inve ...

. Cecil Weigall was appointed Solicitor General in 1922 and appointed King's Counsel in 1925.

Harold Snelling Harold may refer to: People * Harold (given name), including a list of persons and fictional characters with the name * Harold (surname), surname in the English language * András Arató, known in meme culture as "Hide the Pain Harold" Arts a ...

was a Queen's Counsel at the time of his appointment.

Colonial official

The office of Solicitor General was created in 1824 following the inquiry by

John Bigge John Thomas Bigge (8 March 1780 – 22 December 1843) was an English judge and royal commissioner. He is mostly known for his inquiry into the British colony of New South Wales published in the early 1820s. His reports favoured a return to the ...

between 1819 and 1821 into the colonies of NSW and Van Diemen's Land. Bigge's 1823 report on judicial establishments recommended the appointment of a barrister as attorney-general. Bigge set out the primary duty of the attorney-general as being the preparation of

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...

s and informations and prosecuting them in court. The attorney-general would have discretion whether or not to charge a person. Bigge did not directly recommend the appointment of a solicitor-general, but rather that two English barristers should be encouraged to practice in the colony.

John Stephen John Stephen (28 August 1934 – 1 February 2004), dubbed by the media "The £1m Mod" and "The King Of Carnaby Street", was one of the most important fashion figures of the 1960s. Stephen was the first individual to identify and sell to the yo ...

was appointed as the first Solicitor-General in August 1824, six months after the appointment of the first Attorney-General,

Saxe Bannister Saxe Bannister (1790 – 16 September 1877) was a writer and the first Attorney-General of New South Wales, Australia. Early life and education Bannister was born in Steyning, Sussex, son of John Bannister. He matriculated at The Queen's Colle ...

. Stephen's role was to assist the Attorney-General as required and cover any absence of the Attorney-General. The duties allocated to Bannister formalised the proposals of Bigge. In addition to the preparation and prosecution of criminal charges, Bannister's duties included acting for the Crown in civil matters, overseeing the preparation of Crown land grants, giving legal advice to the Governor and Government departments and drafting acts, proclamations and Government Orders. The Attorney-General was also considered to have the common law duties and powers exercisable by British Law Officer. The Attorney-General was not appointed to determine small claims, and instead that role that was given to Stephen and in a separate capacity as Commissioner of the Courts of Request. Bannister's salary was £1,200 a year. Stephen received no salary as Solicitor-General, and a salary of £600 a year as Commissioner of the Courts of Request, raised to £800 within a year. One of the first cases in which Stephen argued as Solicitor-General, saw him appearing for the Magistrates of Sydney in opposition to the Attorney-General concerning trial by jury.

D'Arcy Wentworth D'Arcy Wentworth (14 February 1762 – 7 July 1827) was an Irish surgeon, the first paying passenger to arrive in the new colony of New South Wales. He served under the first seven governors of the Colony, and from 1810 to 1821, he was ''great ...

was one of the leaders of an 1819 petition seeking both trial by jury and the establishment of representative government. Bigge had recommended against trial by a civilian jury, and the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...

had narrowly defeated a proposal that juries be introduced for criminal trials, prior to passing the ''

New South Wales Act 1823 The New South Wales Act 1823, or New South Wales Jurisdiction Bill, was an Act of the Parliament of the United Kingdom, which established the New South Wales Legislative Council and the Supreme Court of New South Wales, in addition to the Suprem ...

'' which prescribed military juries for criminal trials before the Supreme Court. Bannister advised Governor Brisbane that the establishment of a Court of Quarter Sessions required the same composition as in England, including a civilian jury. Stephens disagreed in a written advice to Wentworth who was one of the Magistrates. Castles describes the case that followed as a fabricated cause, set in train by Wentworth, in which the Attorney-General sought an order requiring the magistrates to assemble juries. (1975) 5(3)

Adelaide Law Review The ''Adelaide Law Review'' is a scholarly refereed law journal based at the University of Adelaide. It is published twice a year by the Adelaide Law Review Association of the University of Adelaide's Faculty of Law.Chief Justice

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held that civilian juries were required for Court of Quarter Sessions. In 1828 there was a dispute between Alexander Baxter and John Sampson as to their respective duties. Governor Darling resolved the dispute by making the Attorney General primarily responsible for criminal prosecutions and drafting legislation, while the Solicitor General was primarily responsible for civil matters. While a Legislative Council was created in 1823 in which all members were appointed, the Attorney-General was not one of the appointed members of the Council until 1829 when Alexander Baxter was appointed. When John Plunkett was promoted to Attorney General in 1836, cost cutting measures meant he was not replaced as Solicitor General.

Roger Therry Sir Roger Therry (22 April 1800 – 17 May 1874) was an Irish-Australian jurist and member of the New South Wales Legislative Council. Biography Therry was born in Cork, County Cork, Ireland and educated at Clongowes College and Trinity Colleg ...

was often Plunkett's

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, including in the

Myall Creek massacre The Myall Creek massacre was the killing of at least twenty-eight unarmed Indigenous Australians by twelve colonists on 10 June 1838 at the Myall Creek near the Gwydir River, in northern New South Wales. After two trials, seven of the twelve c ...

trials,. although he was never appointed to the role of Solicitor General. The absence of Plunkett from 1841 resulted in Therry being appointed acting Attorney General and

William à Beckett Sir William à Beckett (28 July 1806 – 27 June 1869) was a British barrister and the first Chief Justice of the Supreme Court of Victoria. Background Born in London, he was the eldest son of William à Beckett, also a solicitor. His younger b ...

as acting Solicitor General. William Manning was the first Solicitor-General to be appointed to the Legislative Council in February 1851.

Political office

Representative government was introduced in New South Wales in 1856 and the Solicitor General became an official member of the government, one of 5 offices of profit under the Crown that were permitted to be held by a member of the Legislative Assembly. In addition to the work in and out of court, the Solicitor-General took on additional legislative and administrative responsibilities, including representing the government in debates on legal matters and drafting bills. While there were two legal officers in the ministry, there was however only one portfolio, the law officers of the crown, with the Attorney General and Solicitor General jointly responsible for its administration. In 1873 the Attorney General Edward Butler resigned and the Solicitor General

Joseph Innes Sir Joseph George Long Innes (16 October 1834 – 28 October 1896), was a judge and politician in colonial Australia, and Attorney General of New South Wales from 1873 to 1875. Innes was born in Sydney, New South Wales the eldest son of Major J ...

was promoted to first law officer. Innes was not however replaced as Solicitor General. Instead the Premier

Henry Parkes Sir Henry Parkes, (27 May 1815 – 27 April 1896) was a colonial Australian politician and longest non-consecutive Premier of the Colony of New South Wales, the present-day state of New South Wales in the Commonwealth of Australia. He has ...

appointed a solicitor,

George Allen George Allen may refer to: Politics and law * George E. Allen (1896–1973), American political operative and one-time head coach of the Cumberland University football team * George Allen (Australian politician) (1800–1877), Mayor of Sydney and ...

, to the new Ministry of Justice and Public Instruction whose responsibilities included the administration of the courts, sheriff and coroner. In 1884 the constitution was amended to remove the dormant office of Solicitor General from the list of paid ministerial offices that could be held by a member of the Legislative Assembly. The

Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

Richard O'Connor General Sir Richard Nugent O'Connor, (21 August 1889 – 17 June 1981) was a senior British Army officer who fought in both the First and Second World Wars, and commanded the Western Desert Force in the early years of the Second World War. ...

was temporarily appointed Solicitor General in 1893 to allow him to deputise for the Attorney General while

Edmund Barton Sir Edmund "Toby" Barton, (18 January 18497 January 1920) was an Australian politician and judge who served as the first prime minister of Australia from 1901 to 1903, holding office as the leader of the Protectionist Party. He resigned to ...

was visiting Canada. Similarly

George Reid Sir George Houston Reid, (25 February 1845 – 12 September 1918) was an Australian politician who led the Reid Government as the fourth Prime Minister of Australia from 1904 to 1905, having previously been Premier of New South Wales fr ...

was temporarily appointed to the role so that he could deputise for

Jack Want John Henry "Jack" Want (4 May 1846 – 22 November 1905) was an Australian barrister and politician, as well as the 19th Attorney-General of New South Wales. Early life Want was born at the Glebe, Sydney, the fourth son of nine children of R ...

while he was away from the colony. This overcame the constitutional limitation that the Attorney General's prerogative powers as first law officer could not be delegated to another minister. In October 1900 the Secretary of the Attorney-General's department, Hugh Pollock, was appointed to the role. This does not appear to have been controversial at the time with The Evening News describing the appointment as purely a formal one. Pollock was again appointed in July 1901, however on this occasion the appointment was controversial because * Pollock was a public servant, not a member of parliament and not responsible to parliament; * While Pollock had been called to the bar in 1890, he had not practised as a barrister and his appointment as the second law officer saw the law almanac list him as second in seniority behind the Attorney General; * The appointment was at the Governor's pleasure such that the role did not fall with the fall of the government, nor could he be removed from the role by the legislative assembly. Pollock resigned in October 1904 and was appointed a Crown Prosecutor. The role was again revived in December 1909 in the

Wade ministry The Wade ministry was the 33rd ministry of the New South Wales Government, and was led by the 17th Premier, Charles Wade. The title of Premier was widely used to refer to the Leader of Government, but was not a formal position in the government ...

Charles Wade Sir Charles Gregory Wade KCMG, KC, JP (26 January 1863 – 26 September 1922) was Premier of New South Wales – 21 October 1910. According to Percival Serle, "Wade was a public-spirited man of high character. His ability, honesty and cou ...

was initially appointed Premier, Attorney General and

, however 2 months later John Garland was appointed to the justice portfolio and as Solicitor General to enable him to assist the Attorney General. Garland was appointed

King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

during his term in office. Five months into the McGowan ministry a second public servant, Walter Bevan was appointed to the role. Bevan had been a crown prosecutor for more than 20 years and unlike Pollock, his appointment does not appear to have been controversial, with opposition MLA

Gus James Augustus James (born 1881) was a Negro leagues utility player for several years before the founding of the first Negro National League. He often played as a second baseman or catcher, and played most of his seasons for the Brooklyn Royal Giant ...

describing Bevan as a satisfactory man, well skilled in criminal law. In addition to his principle role in conducting litigation, Bevan was appointed to provide legal advice to the members of the Legislative Council. David Hall was appointed Minister of Justice in April 1912 and it was initially intended that Bevan would retain his role as Solicitor General. Two days later however Hall was appointed to replace Bevan in the role. The role became dormant again in the

first Holman ministry First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...

when Hall replaced

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as Attorney General. Holman was briefly appointed to the role in 1915 to deputise for Hall. The role was revived as a political office in the

Holman Nationalist ministry Holman may refer to: People * Holman (surname), including people with the name * Holman (given name), a list of people with the name Places United States * Holman, Missouri, a former town * Holman, Texas, a settlement * Holman, Washington, a s ...

, held in conjunction with the portfolio of Justice and as a separate portfolio in the

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first First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...

and second Dooley ministries, before being abolished as a political office in the Fuller ministry in 1922.

Public servant

In 1922 the Attorney General

Thomas Bavin Sir Thomas Rainsford Bavin, (5 May 1874 – 31 August 1941) was an Australian lawyer and politician who served as Premier of New South Wales from 1927 to 1930. He was born in New Zealand and arrived in Australia at the age of 15, where he stud ...

was planning to take holidays and Cecil Weigall, the Assistant Law Officer and Crown Prosecutor in the Attorney General's department, was appointed Solicitor General to perform routine statutory duties that would otherwise need to be performed by the Attorney General. Weigall was appointed aged and went on to serve for more than 30 years, predominantly appearing in criminal prosecutions and appeals. When Weigall retired in 1953 Harold Snelling was appointed to replace him. Snelling's experience was in civil law rather than criminal, particularly in crown fiscal matters, representing the state in the Supreme Court, High Court and

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

. A significant change during the tenure of Snelling was the passage of the ''Solicitor General Act'' 1969, which converted the role from a public servant to a statutory office.

Statutory office

The purpose of making the role a statutory office was to formalise the manner in which the role had been performed since 1922 and to permit the Attorney General to delegate functions and for the Solicitor General to act in the absence of the Attorney General. The bill was not controversial and was supported by the opposition. The act had a number of qualifications to the appointment, including that the person must not be a Minister of the Crown. Initially the person was required to be a Queen's Counsel, however this was removed in 1993 when the appointment of Queen's Counsel was abolished in NSW and instead the person must be "''an Australian lawyer of at least 7 years’ standing''". Schedule 1 (abolition of Queen's Counsel) and Schedule 5 (amendment of the ''Solicitor General Act'' 1969). Both appointments since 1993 have been

History and function

Colonial official

Political office

Public servant

Statutory office

Office-holders

Solicitors General, 1824–1922

See also

Notes

References

External links