Commonwealth Consolidated Acts

JUDICIARY ACT 1903 - SECT 55E

  (1)   In this section and in sections   55F and 55G:

"Attorney-General's lawyer" means a person:

  (a)   whose name is on:

  (i)   the roll of barristers and solicitors of the High Court kept under the Rules of Court; or

  (ii)   the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and

  (b)   who is either:

  (i)   the Secretary of the Attorney - General's Department; or

  (ii)   a person in the Attorney - General's Department who is engaged under the Public Service Act 1999 .

  (2)   An Attorney - General's lawyer acting in that capacity is entitled:

  (a)   to do everything necessary or convenient for that purpose; and

  (b)   to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and

  (c)   to all the rights and privileges of so practising;

whether or not he or she is so entitled apart from this subsection.

  (3)   An Attorney - General's lawyer acting in that capacity in a State or Territory is not subject to a law of a State or Territory that relates to legal practitioners except to the extent that such laws:

  (a)   impose rights, duties or obligations on legal practitioners in relation to their clients or to the courts; or

  (b)   provide for disciplinary proceedings in relation to the misconduct of legal practitioners.

  (4)   Subsection   ( 3) is subject to subsection   ( 6) and to section   55F (Attorney - General's lawyer may act for more than one party).

  (5)   In considering the nature of the rights, duties and obligations of an Attorney - General's lawyer in relation to a client, regard must be had to the lawyer's position as a person in the Attorney - General's Department engaged under the Public Service Act 1999 .

  (6)   An Attorney - General's lawyer acting in that capacity is not subject to a law of a State or Territory that is prescribed for the purposes of this section.