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Attorney General of New South Wales

Attorney General of New South Wales
Coat of Arms of New South Wales.svg
Incumbent
Mark Speakman

since 30 January 2017
Department of Justice
Style The Honourable
Nominator Premier of New South Wales
Appointer Governor of New South Wales
Inaugural holder Saxe Bannister
Formation 14 April 1824
Deputy Solicitor General
Website NSW Department of Justice

The Attorney General of New South Wales and usually known simply as the Attorney General, is a minister in the Government of New South Wales who has responsibility for the administration of justice in New South Wales, Australia. In addition, the Attorney General one of the Law Officers of the Crown. Along with the subordinate Solicitor General, Crown Advocate, and Crown Solicitor, the Attorney General serves as the chief legal and constitutional adviser of the Crown and its government in New South Wales.

The current Attorney General, since 30 January 2017, is Mark Speakman, SC MP. The Attorney General administers their portfolio through the Department of Justice and a range of other government agencies.

The position of Attorney General has existed since 1824, well before the full establishment of the New South Wales Parliament (in 1856) but coinciding with the establishment of the New South Wales Legislative Council. From the beginning, the Attorney General has been the Crown's advisor and representative in legal matters. It was modelled after the office of the Attorney General for England and Wales. As such the Attorney General advises and represents the Crown and government departments in court. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments.

The Attorney General also has supervisory powers over the prosecution of criminal offences, but is not personally involved with prosecutions. Today prosecutions are carried out by the Public Prosecution Office and most legal advice to government departments is provided by the Government Legal Service, both under the supervision of the Attorney General. The Attorney General may appeal cases to the higher courts where, although the particular case is settled, there may be a point of law of public importance at issue. The Attorney General is responsible to Parliament for activities of the Department of Justice and has responsibility for the all state's courts and tribunals and the appointment of judges, magistrates and statutory officers in New South Wales.


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