New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 44

44 Crown Solicitor

(1) The Crown Solicitor may, in his or her official capacity, act as solicitor for--

(a) the State of New South Wales, or

(b) a person suing or being sued on behalf of the State of New South Wales, or

(c) a Minister of the Crown in his or her official capacity as such a Minister, or

(d) a body established by an Act or other law of New South Wales, or

(e) an officer or employee of the Public Service or any other service of the State of New South Wales or of a body established by an Act or other law of New South Wales, or

(f) a person holding office under an Act or other law of New South Wales or because of the person's appointment to that office by the Governor or a Minister of the Crown, or

(g) any other person or body, or any other class of persons or bodies, approved by the Attorney General.

(2) The Crown Solicitor may act under subsection (1)--

(a) with or without charge, or

(b) for a party in a matter that is not the subject of litigation, even if also acting under that subsection for another party in the matter.

(3) The Crown Solicitor may, in his or her official capacity, act as agent for--

(a) another State or a Territory, or

(b) at the request of another State or a Territory--an instrumentality of, or a person in the service of, that State or Territory.

(4) If, under subsection (1)(g), the Crown Solicitor is given approval to act as solicitor for a Minister of the Crown (otherwise than in his or her official capacity as such a Minister), the following must be included in the annual reporting information prepared under the Government Sector Finance Act 2018 of the Crown Solicitor's activities--

(a) the name of the Minister,

(b) the matter in which the Crown Solicitor acted (but without disclosure of any confidential client information),

(c) the costs incurred by the Crown Solicitor in acting for the Minister and the amount charged to the Minister for so acting.

(5) In this section, a reference to a State or a Territory includes a reference to the Crown in right of the State or Territory and to the Government of the State or Territory.