Document ID: chunk:federal_register_of_legislation:C2004A00401:clause:1_55e
Version: federal_register_of_legislation:C2004A00401
Segment Type: clause
Provision Reference: sch 1 cl 55E
Character Range: 2280–3937

55E  Attorney‑General's lawyers
 (1) In this section and in sections 55F and 55G:
Attorney‑General's lawyer means a person:
 (a) whose name is on a roll referred to in subsection 55D(1); and
 (b) who is either:
 (i) the Secretary to the Attorney‑General's Department; or
 (ii) an officer or employee in the Attorney‑General's Department.
 (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 an officer or employee in the Attorney‑General's Department.
 (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.