Attorney-General of Australia

Attorney-General of Australia
Attorney-General of Australia
	Commonwealth Coat of Arms
	Flag of Australia
	Incumbent; Mark Dreyfus; since 1 June 2022
	Attorney-General's Department
Style	The Honourable (formal); Attorney-General (spoken)
Member of	Cabinet of Australia; Federal Executive Council; National Security Committee; Indigenous Policy Committee; Governance Committee
Seat	Canberra, ACT
Appointer	Governor-General; on the advice of the prime minister
Term length	At the Governor-General's pleasure
Formation	1 January 1901
First holder	Alfred Deakin
Salary	$336,599.25
Website	www.ag.gov.au

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 Mark Dreyfus, who was chosen by prime minister Anthony Albanese in June 2022 following the 2022 federal election.^[3] By convention, the attorney-general is a lawyer.

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]

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.

Role and functions

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]

List of attorneys-general

The following individuals have been appointed as attorney-general for Australia:^[8]

Order	Minister		Prime Minister	Prior legal experience	Alma mater	Term start	Term end	Term in office
1	Alfred Deakin KC	Protectionist	Barton	Barrister	University of Melbourne	1 January 1901 (1901-01-01)	24 September 1903 (1903-09-24)	2 years, 266 days
2	Senator James Drake	Protectionist	Deakin	Barrister	King's College School, London	24 September 1903 (1903-09-24)	27 April 1904 (1904-04-27)	216 days
3	H. B. Higgins QC	Protectionist¹	Watson	Barrister	University of Melbourne	27 April 1904 (1904-04-27)	17 August 1904 (1904-08-17)	112 days
4	Senator Sir Josiah Symon, KCMG, QC	Free Trade	Reid	Barrister	Free Church Training College	17 August 1904 (1904-08-17)	5 July 1905 (1905-07-05)	322 days
5	Isaac Isaacs QC	Protectionist	Deakin	Barrister	University of Melbourne	5 July 1905 (1905-07-05)	12 October 1906 (1906-10-12)	1 year, 99 days
6	Littleton Groom KC	Protectionist	Deakin	Lawyer	University of Melbourne	12 October 1906 (1906-10-12)	13 November 1908 (1908-11-13)	2 years, 32 days
7	Billy Hughes, KC²	Labor	Fisher	Barrister	n/a	13 November 1908 (1908-11-13)	2 June 1909 (1909-06-02)	201 days
8	Paddy Glynn, KCMG, KC	Commonwealth Liberal	Deakin	Barrister	Trinity College Dublin	2 June 1909 (1909-06-02)	29 April 1910 (1910-04-29)	331 days
n/a	Billy Hughes KC	Labor	Fisher	Barrister	n/a	29 April 1910 (1910-04-29)	24 June 1913 (1913-06-24)	3 years, 56 days
9	William Irvine KC	Commonwealth Liberal	Cook	Barrister	Trinity College, Dublin; University of Melbourne	24 June 1913 (1913-06-24)	17 September 1914 (1914-09-17)	1 year, 85 days
n/a	Billy Hughes KC	Labor	Fisher	Barrister	n/a	17 September 1914 (1914-09-17)	27 October 1915 (1915-10-27)	7 years, 95 days
		Labor	Hughes			27 October 1915 (1915-10-27)	14 November 1916 (1916-11-14)
		National Labor				14 November 1916 (1916-11-14)	13 June 1917 (1917-06-13)
		Nationalist				13 June 1917 (1917-06-13)	21 December 1921 (1921-12-21)
n/a	Sir Littleton Groom, KCMG, KC			Lawyer	University of Melbourne	21 December 1921 (1921-12-21)	9 February 1923 (1923-02-09)	3 years, 362 days
n/a	Sir Littleton Groom, KCMG, KC		Bruce	Lawyer	University of Melbourne	9 February 1923 (1923-02-09)	18 December 1925 (1925-12-18)	3 years, 362 days
10	John Latham KC		Bruce	Barrister	University of Melbourne	18 December 1925 (1925-12-18)	22 October 1929 (1929-10-22)	3 years, 308 days
11	Frank Brennan	Labor	Scullin	Barrister	University of Melbourne	22 October 1929 (1929-10-22)	6 January 1932 (1932-01-06)	2 years, 76 days
n/a	Sir John Latham, GCMG, KC	United Australia	Lyons	Barrister	University of Melbourne	6 January 1932 (1932-01-06)	12 October 1934 (1934-10-12)	2 years, 279 days
12	Robert Menzies KC			Barrister	University of Melbourne	12 October 1934 (1934-10-12)	20 March 1939 (1939-03-20)	4 years, 159 days
n/a	Billy Hughes, CH, KC			Barrister	n/a	20 March 1939 (1939-03-20)	7 April 1939 (1939-04-07)	2 years, 201 days
			Page			7 April 1939 (1939-04-07)	26 April 1939 (1939-04-26)
			Menzies			26 April 1939 (1939-04-26)	29 August 1941 (1941-08-29)
			Fadden			29 August 1941 (1941-08-29)	7 October 1941 (1941-10-07)
13	H. V. Evatt KC	Labor	Curtin	Barrister, Judge	University of Sydney	7 October 1941 (1941-10-07)	6 July 1945 (1945-07-06)	8 years, 73 days
			Forde			6 July 1945 (1945-07-06)	13 July 1945 (1945-07-13)
			Chifley			13 July 1945 (1945-07-13)	19 December 1949 (1949-12-19)
14	Senator John Spicer KC	Liberal	Menzies	Barrister	University of Melbourne	19 December 1949 (1949-12-19)	14 August 1956 (1956-08-14)	6 years, 239 days
15	Senator Neil O'Sullivan			Solicitor		15 August 1956 (1956-08-15)	12 October 1958 (1958-10-12)	2 years, 58 days
16	Sir Garfield Barwick QC			Barrister	University of Sydney	12 October 1958 (1958-10-12)	4 March 1964 (1964-03-04)	5 years, 144 days
17	Billy Snedden QC			Barrister	University of Western Australia	4 March 1964 (1964-03-04)	26 January 1966 (1966-01-26)	2 years, 285 days
17	Billy Snedden QC		Holt	Barrister	University of Western Australia	26 January 1966 (1966-01-26)	14 December 1966 (1966-12-14)	2 years, 285 days
18	Nigel Bowen QC		Holt	Barrister	University of Sydney	14 December 1966 (1966-12-14)	19 December 1967 (1967-12-19)	2 years, 333 days
			McEwen			19 December 1967 (1967-12-19)	10 January 1968 (1968-01-10)
			Gorton			10 January 1968 (1968-01-10)	12 November 1969 (1969-11-12)
19	Tom Hughes QC		Gorton	Barrister	University of Sydney	12 November 1969 (1969-11-12)	10 March 1971 (1971-03-10)	1 year, 130 days
19	Tom Hughes QC		McMahon	Barrister	University of Sydney	10 March 1971 (1971-03-10)	22 March 1971 (1971-03-22)	1 year, 130 days
n/a	Nigel Bowen			Barrister	University of Sydney	22 March 1971 (1971-03-22)	2 August 1971 (1971-08-02)	133 days
20	Senator Ivor Greenwood QC			Barrister	University of Melbourne	2 August 1971 (1971-08-02)	5 December 1972 (1972-12-05)	1 year, 125 days
21	Gough Whitlam QC³	Labor	Whitlam	Barrister	University of Sydney	5 December 1972 (1972-12-05)	19 December 1972 (1972-12-19)	14 days
22	Senator Lionel Murphy QC			Barrister	University of Sydney	19 December 1972 (1972-12-19)	10 February 1975 (1975-02-10)	2 years, 53 days
23	Kep Enderby QC			Barrister	University of Sydney University of London	10 February 1975 (1975-02-10)	11 November 1975 (1975-11-11)	274 days
n/a	Senator Ivor Greenwood QC	Liberal	Fraser	Barrister	University of Melbourne	11 November 1975 (1975-11-11)	22 December 1975 (1975-12-22)	41 days
24	Bob Ellicott QC			Barrister	University of Sydney	22 December 1975 (1975-12-22)	6 September 1977 (1977-09-06)	1 year, 258 days
25	Senator Peter Durack QC			Barrister	University of Western Australia Lincoln College, Oxford	6 September 1977 (1977-09-06)	11 March 1983 (1983-03-11)	5 years, 186 days
26	Senator Gareth Evans QC	Labor	Hawke	Barrister	University of Melbourne Magdalen College, Oxford	11 March 1983 (1983-03-11)	13 December 1984 (1984-12-13)	1 year, 277 days
27	Lionel Bowen			Solicitor	University of Sydney	13 December 1984 (1984-12-13)	4 April 1990 (1990-04-04)	5 years, 112 days
28	Michael Duffy, ONZ			Solicitor	University of Melbourne	4 April 1990 (1990-04-04)	27 December 1991 (1991-12-27)	2 years, 354 days
28	Michael Duffy, ONZ		Keating	Solicitor	University of Melbourne	27 December 1991 (1991-12-27)	24 March 1993 (1993-03-24)	2 years, 354 days
29	Duncan Kerr⁴	Labor	Keating	Barrister	University of Tasmania	1 April 1993 (1993-04-01)	27 April 1993 (1993-04-27)	26 days
30	Michael Lavarch	Labor	Keating	Solicitor	Queensland University of Technology	27 April 1993 (1993-04-27)	11 March 1996 (1996-03-11)	2 years, 319 days
31	Daryl Williams, AM, QC	Liberal	Howard	Barrister	University of Western Australia Wadham College, Oxford	11 March 1996 (1996-03-11)	7 October 2003 (2003-10-07)	7 years, 210 days
32	Philip Ruddock	Liberal	Howard	Solicitor	University of Sydney	7 October 2003 (2003-10-07)	3 December 2007 (2007-12-03)	4 years, 57 days
33	Robert McClelland	Labor	Rudd	Solicitor	University of New South Wales University of Sydney	3 December 2007 (2007-12-03)	24 June 2010 (2010-06-24)	4 years, 11 days
33	Robert McClelland		Gillard	Solicitor	University of New South Wales University of Sydney	24 June 2010 (2010-06-24)	14 December 2011 (2011-12-14)	4 years, 11 days
34	Nicola Roxon			Solicitor	University of Melbourne	14 December 2011 (2011-12-14)	2 February 2013 (2013-02-02)	1 year, 50 days
35	Mark Dreyfus QC			Barrister	University of Melbourne	2 February 2013 (2013-02-02)	26 June 2013 (2013-06-26)	228 days
35	Mark Dreyfus QC		Rudd	Barrister	University of Melbourne	26 June 2013 (2013-06-26)	18 September 2013 (2013-09-18)	228 days
36	Senator George Brandis QC	Liberal	Abbott	Barrister	University of Queensland; Magdalen College, Oxford	18 September 2013 (2013-09-18)	15 September 2015 (2015-09-15)	4 years, 93 days
36	Senator George Brandis QC		Turnbull	Barrister	University of Queensland; Magdalen College, Oxford	15 September 2015 (2015-09-15)	20 December 2017 (2017-12-20)	4 years, 93 days
37	Christian Porter		Turnbull	Lawyer	University of Western Australia, London School of Economics	20 December 2017 (2017-12-20)	28 August 2018 (2018-08-28)	3 years, 100 days
37	Christian Porter		Morrison	Lawyer	University of Western Australia, London School of Economics	28 August 2018 (2018-08-28)	30 March 2021 (2021-03-30)	3 years, 100 days
38	Senator Michaelia Cash		Morrison	Solicitor	Curtin University; University of London; University of Western Australia	30 March 2021 (2021-03-30)	23 May 2022 (2022-05-23)	1 year, 54 days
n/a	Senator Katy Gallagher ⁵	Labor	Albanese	n/a	Australian National University	23 May 2022 (2022-05-23)	1 June 2022 (2022-06-01)	9 days
39	Mark Dreyfus KC	Labor	Albanese	Barrister	University of Melbourne	1 June 2022 (2022-06-01)	Incumbent	2 years, 205 days

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.

Former ministerial titles

List of ministers for justice

The following individuals were appointed as Minister for Justice, or any of its precedent titles:^[10]

Order	Minister		Prime Minister	Title	Term start	Term end	Term in office
1	Michael Tate	Labor	Hawke	Minister for Justice	18 September 1987 (1987-09-18)	4 April 1990 (1990-04-04)	5 years, 187 days
			Hawke	Minister for Justice and Consumer Affairs	4 April 1990 (1990-04-04)	20 December 1991 (1991-12-20)
			Keating	Minister for Justice and Consumer Affairs	20 December 1991 (1991-12-20)	27 May 1992 (1992-05-27)
				Minister for Justice	27 May 1992 (1992-05-27)	24 March 1993 (1993-03-24)
2	Duncan Kerr				24 March 1993 (1993-03-24)	11 March 1996 (1996-03-11)	2 years, 353 days
3	Daryl Williams	Liberal	Howard		11 March 1996 (1996-03-11)	9 October 1997 (1997-10-09)	1 year, 212 days
4	Amanda Vanstone				9 October 1997	21 October 1998	3 years, 113 days
4	Amanda Vanstone			Minister for Justice and Customs	21 October 1998	30 January 2001	3 years, 113 days
5	Chris Ellison				30 January 2001	9 March 2007	6 years, 38 days
6	David Johnston				9 March 2007 (2007-03-09)	3 December 2007 (2007-12-03)	269 days

7	Brendan O'Connor	Labor	Gillard	Minister for Justice	14 September 2010	14 December 2011 (2011-12-14)	1 year, 91 days
8	Jason Clare		Gillard		14 December 2011 (2011-12-14)	1 July 2013 (2013-07-01)	1 year, 278 days
8	Jason Clare		Rudd		1 July 2013 (2013-07-01)	18 September 2013 (2013-09-18)	1 year, 278 days
9	Michael Keenan	Liberal	Abbott		18 September 2013 (2013-09-18)	15 September 2015 (2015-09-15)	4 years, 93 days
9	Michael Keenan	Liberal	Turnbull		15 September 2015 (2015-09-15)	20 December 2017 (2017-12-20)	4 years, 93 days

For subsequent appointments, see the Minister for Law Enforcement and Cybersecurity

Parliamentary secretaries

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]

Minister		Prime Minister	Title	Term start	Term end	Term in office
Neil Brown	Liberal	Fraser	Minister assisting the Attorney-General	7 May 1982	11 March 1983

Peter Duncan	Labor	Keating	Parliamentary Secretary to the Attorney-General	27 December 1991	11 March 1996

Chris Ellison	Liberal	Howard	Parliamentary Secretary to the Attorney-General	13 February 1997	18 July 1997
Chris Ellison	Liberal	Howard	Minister assisting the Attorney-General	18 July 1997	9 October 1997

Shayne Neumann	Labor	Gillard	Parliamentary Secretary to the Attorney-General	25 March 2013	18 September 2013

Concetta Fierravanti-Wells	Liberal	Abbott	Parliamentary Secretary to the Attorney-General	28 May 2015	21 September 2015	116 days
Amanda Stoker	Liberal	Morrison	Assistant Minister to the Attorney-General	22 December 2020	23 May 2022	1 year, 152 days
Matt Thistlethwaite	Labor	Albanese	Assistant Minister for the Republic	1 June 2022 (2022-06-01)	29 July 2024 (2024-07-29)	2 years, 58 days
Patrick Gorman	Labor	Albanese	Assistant Minister to the Attorney-General	29 July 2024 (2024-07-29)	incumbent	147 days

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:

References

^ "2018 Parliamentary remuneration and business resources: a quick guide". Parliament of Australia. 6 September 2018. Retrieved 15 June 2019.
^ "Communique: Meeting of Attorneys-General" (PDF). Attorney-General's Department. 12 August 2022.
^ Worthington, Brett (31 May 2022). "Meet the new cabinet: Who's who in Albanese's new ministry". ABC News. Retrieved 31 May 2022.
^ Elder, DR; Fowler, PE, eds. (June 2018). "Chapter 2: The Ministry". House of Representatives Practice (7th ed.). Canberra, Australia: Commonwealth of Australia. ISBN 978-1-74366-656-2. Retrieved 19 October 2019.
^ "Dutton gets sweeping national security powers as head of new super-ministry". ABC News. 18 July 2017. Retrieved 5 August 2024.
^ "Creating Australian Home Office carries risks, security expert warns". ABC News. 17 July 2017. Retrieved 5 August 2024.
^ Middleton, Karen (2 August 2024). "Albanese's move to split Asio across two portfolios has laid security and political tensions bare". The Guardian. ISSN 0261-3077. Retrieved 5 August 2024.
^ "Ministries and Cabinets". 43rd Parliamentary Handbook: Historical information on the Australian Parliament. Parliament of Australia. 2010. Archived from the original on 13 August 2014. Retrieved 9 July 2013.
^ "William Morris Hughes: Before office". Australia's Prime Ministers. National Archives of Australia. Retrieved 15 July 2013.
^ "Ministries and Cabinets". 43rd Parliamentary Handbook: Historical information on the Australian Parliament. Parliament of Australia. 2010. Archived from the original on 13 August 2014. Retrieved 9 July 2013.
^ Elder, D. R.; Fowler, P. E. (2018). "The Ministry". House of Representatives Practice (7th ed.). Department of the House of Representatives. ISBN 978-1-74366-656-2.
^ Crellin, Zac (2 June 2022). "Here's what's on the agenda for Australia's first-ever Assistant Minister for the Republic". The New Daily. Retrieved 4 June 2022.
^ "Ministry List as at 1 June 2022" (PDF). Department of Prime Minister and Cabinet. Retrieved 4 June 2022.
^ "Ministers of State (Notification of Appointment and Direction) Instrument 2024". Federal Register of Legislation. 15 August 2024.

External links

Official website

[1] "2018 Parliamentary remuneration and business resources: a quick guide". Parliament of Australia. 6 September 2018. Retrieved 15 June 2019.

[2] "Communique: Meeting of Attorneys-General" (PDF). Attorney-General's Department. 12 August 2022.

[gallagherag-3] Worthington, Brett (31 May 2022). "Meet the new cabinet: Who's who in Albanese's new ministry". ABC News. Retrieved 31 May 2022.

[4] Elder, DR; Fowler, PE, eds. (June 2018). "Chapter 2: The Ministry". House of Representatives Practice (7th ed.). Canberra, Australia: Commonwealth of Australia. ISBN 978-1-74366-656-2. Retrieved 19 October 2019.

[5] "Dutton gets sweeping national security powers as head of new super-ministry". ABC News. 18 July 2017. Retrieved 5 August 2024.

[6] "Creating Australian Home Office carries risks, security expert warns". ABC News. 17 July 2017. Retrieved 5 August 2024.

[7] Middleton, Karen (2 August 2024). "Albanese's move to split Asio across two portfolios has laid security and political tensions bare". The Guardian. ISSN 0261-3077. Retrieved 5 August 2024.

[parl-8] "Ministries and Cabinets". 43rd Parliamentary Handbook: Historical information on the Australian Parliament. Parliament of Australia. 2010. Archived from the original on 13 August 2014. Retrieved 9 July 2013.

[9] "William Morris Hughes: Before office". Australia's Prime Ministers. National Archives of Australia. Retrieved 15 July 2013.

[Minister_for_Justice_(Australia)_parl-10] "Ministries and Cabinets". 43rd Parliamentary Handbook: Historical information on the Australian Parliament. Parliament of Australia. 2010. Archived from the original on 13 August 2014. Retrieved 9 July 2013.

[11] Elder, D. R.; Fowler, P. E. (2018). "The Ministry". House of Representatives Practice (7th ed.). Department of the House of Representatives. ISBN 978-1-74366-656-2.

[12] Crellin, Zac (2 June 2022). "Here's what's on the agenda for Australia's first-ever Assistant Minister for the Republic". The New Daily. Retrieved 4 June 2022.

[ministry-13] "Ministry List as at 1 June 2022" (PDF). Department of Prime Minister and Cabinet. Retrieved 4 June 2022.

[14] "Ministers of State (Notification of Appointment and Direction) Instrument 2024". Federal Register of Legislation. 15 August 2024.

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