Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

In summary, the purpose of the bill is to provide solicitors-general with an entitlement to long service leave. The amendments will remedy amendments of the Law Officers Act 1964 made in 1998 that had not taken into account the Solicitor-General’s previous long service leave entitlement. It was never intended, nor is it now, that the holder of office of Solicitor-General should not have access to long service leave.

Until 31 December 1997, the Law Officers Act provided that the salary and leave entitlements for the person holding the office of Solicitor-General were the same as for a judge of the Federal Court. By progressing with this bill, the government is giving effect to the 1998 amendments of the Law Officers Act which varied the terms and conditions of service for those holding the office of Solicitor-General after 31 December 1997. The purpose then was to make the terms and conditions of the Solicitor-General similar to those of senior members of the Australian Public Service and sever the previous connection to terms and conditions applying to federal judges.

It became clear, however, in 2003 that the 1998 amendments of the Solicitor-General’s employment conditions had not taken account of the previous entitlement to long service leave. The amendment of section 16A of the Law Officers Act had removed the entitlement to a judge’s pension and the payment in lieu of long service leave, leaving the Solicitor-General with no entitlement to long service leave. The present bill amends the Long Service Leave (Commonwealth Employees) Act 1976 and the Law Officers Act 1964 to ensure that Solicitors-General have a long service leave entitlement.

In conclusion, may I congratulate and express the parliament’s appreciation to the current Solicitor-General, David Bennett, for the outstanding service he has given to the Commonwealth of Australia. His record of success in the High Court is absolutely outstanding and we are all grateful for the contribution he has made to the office.

Question agreed to.

Bill read a second time.

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