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 among other agencies.
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 ==List of attorneys-general==