Document ID: chunk:federal_register_of_legislation:C2024C00864:section:55e
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 55E
Character Range: 55416–57328

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:
 (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.