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Attorney-General of Australia
Minister and chief law officer of Australia From Wikipedia, the free encyclopedia
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The attorney-general of Australia (AG), also known as the Commonwealth attorney-general,[2] is the minister of state and chief law officer of the Commonwealth of Australia charged with overseeing federal legal affairs and public security as the head of the Attorney-General’s Department. The current attorney-general is Michelle Rowland, who was chosen by prime minister Anthony Albanese in May 2025 following the 2025 federal election.[3] By convention, the attorney-general is a lawyer.
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The attorney-general is one of only four positions in the Commonwealth Government to have continuously been held since federation, along with the prime minister, the minister for defence and the treasurer.[4]
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History
The attorney-general is nearly always a person with legal training, and eleven former attorneys-general have received senior judicial appointments after their ministerial service.
Billy Hughes was the longest-serving attorney-general of Australia, serving for thirteen and a half years over four non-consecutive terms; this included six years during his own prime ministership.
Historically, the attorney-generalship was seen as a stepping stone to higher office – Alfred Deakin, Billy Hughes, and Robert Menzies all became prime minister, while John Latham, H. V. Evatt, and Billy Snedden were leaders of the opposition. Lionel Bowen was deputy prime minister under Bob Hawke in the 1980s. Additionally, four former attorneys-general have won appointment to the High Court – Isaac Isaacs, H. B. Higgins, John Latham, Garfield Barwick, and Lionel Murphy. Isaacs later became governor-general.
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Role and functions
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Role
The attorney-general is the minister responsible for legal affairs, national and public security. The attorney-general also serves as a general legal adviser to the Cabinet, and has carriage of legislation dealing with copyright, human rights and a range of other subjects. They are responsible for the Australian Law Reform Commission and the Australian Commission for Law Enforcement Integrity.
Functions
Functions of the state and federal attorneys-general include the administration of the selection of persons for nomination to judicial posts and the authorizing of prosecutions. In normal circumstances, the prosecutorial powers of the attorney-general are exercised by the Director of Public Prosecutions and staff; however, the attorney-general maintains formal control—including the power to initiate and terminate public prosecutions and take over private prosecutions.
Statutory criminal law provides that prosecutions for certain offences require the individual consent of the attorney-general. This is generally for offences whose illegality is of a somewhat controversial nature or where there is perceived to be a significant risk that prosecutions of a political nature may be embarked upon. The attorney-general also generally has the power to issue certificates legally conclusive of certain facts (e.g., that the revelation of certain matters in court proceedings might constitute a risk to national security); the facts stated in such certificates must be accepted by the courts and cannot legally be disputed by any parties. The attorney-general also has the power to issue a nolle prosequi with respect to a case, which authoritatively determines that the state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so.
Relationship with the Australian Security Intelligence Organisation
In July 2018, then-Prime Minister Malcolm Turnbull announced the creation of the Department of Home Affairs - a new ministry to include the Australian Federal Police, the Australian Border Force, and the Australian Security Intelligence Organisation. This meant the transfer of ASIO away from the Attorney-General's Department, although the Attorney-General would remain responsible for approving ASIO warrants.[5] This move was somewhat criticised, with John Blaxland from the Australian National University warning against tampering with a system that was "arguably the envy of the world", saying "I have yet to see any compelling evidence that what we have is not working, or that there is a compellingly better option out there."[6]
In July 2024, it was reported that ASIO was to be moved back to its original setting within the Attorney-General's Department. Under the new arrangement, the Department of Home Affairs retains responsibility for national security policy, its design and implementation, while operational control of ASIO shifts back to the Attorney-General's Department.[7]Remove ads
List of attorneys-general
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The following individuals have been appointed as attorney-general for Australia:[8]
Notes
- 1 A member of the Protectionist Party, Higgins served in the Labor ministry of Chris Watson, because Labor had no suitably qualified lawyer in Parliament.
- 2 Hughes took silk in 1909, and became a King's Counsel.[9]
- 3 Whitlam served as part of a two-man ministry together with Lance Barnard for fourteen days, until the full ministry was commissioned.
- 4 Prime Minister Paul Keating's original choice for Attorney-General in 1993 had been Michael Lavarch, but Lavarch's re-election was delayed by the death of an opposing candidate for the seat of Dickson; Duncan Kerr held the portfolio in the interim until Lavarch won the resulting supplementary election. Kerr served as Attorney-General for 26 days. There was no Attorney-General for the eight days between Duffy's commission ending on 24 March 1993 and Kerr's commission commencing on 1 April 1993.
- 5 Gallagher served as part of an interim five-person ministry for nine days, until the full ministry was commissioned.
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Former ministerial titles
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List of ministers for justice
The following individuals were appointed as Minister for Justice, or any of its precedent titles:[10]
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Parliamentary secretaries
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While previously there existed informal titles for junior ministers, since 1980 they have been officially designated parliamentary-secretaries.[11] They have also been titled assistant minister and minister assisting. Parliamentary-secretaries to the attorney-general are listed below.
In 2022, Matt Thistlethwaite was titled the Assistant Minister for the Republic and was tasked with promoting the Albanese government's policy of establishing of a republic.[12][13] However, he was also formally the Parliamentary Secretary to the Attorney-General.[14]
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Attorneys-general of the states and territories
The Australian states each have separate attorneys-general, who are state ministers with similar responsibilities to the federal minister with respect to state law. For attorneys-general of the various states and territories of Australia, see:
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See also
References
External links
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