Attorney General of New South Wales

The current attorney general, since 28 March 2023, is Michael Daley, SC.

The attorney general and the Ministers administer the portfolio through the Stronger Communities cluster, in particular the Department of Communities and Justice and a range of other government agencies.

Ultimately, the attorney general and the Ministers are responsible to the Parliament of New South Wales.

History and function

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.