Senate debates

Thursday, 10 November 2016

Questions without Notice

Solicitor-General

2:48 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Mr Tom Howe, the Acting Solicitor-General. Thank you, Senator Watt, for raising the issue. When the former Solicitor-General, Mr Gleeson, resigned on 24 October it was very clear to me that a new Solicitor-General would need to be appointed. I decided then that when the new Solicitor-General was appointed, obviously and as a matter of courtesy to whoever that person may be, I would have a talk to them about the way in which they wished to be briefed. It seemed to me at the time that one of the things that we would discuss is the legal services direction, which, no doubt, the incoming Solicitor-General may have views on.

I sought the views of the Acting Solicitor-General, Mr Howe, last week, on 3 November. He agreed with me that it was appropriate that when the new Solicitor-General came into office, which will be very soon, he should begin, as it were, with a clean slate. I had another talk to Mr Howe yesterday afternoon, and that confirmed in my mind the course of action which I had been inclined to take since 24 October. Accordingly, this morning I rescinded the legal services direction.

I have said all along that I regard this as a matter of administrative housekeeping. I think it has been the greatest confected storm in a teacup that I have ever seen. It does not change the law, it does not change paragraph (b) of section 12 of the Law Officers Act and it does not change the guidance note under which the Australian Public Service and its agencies determine the method for briefing the Solicitor-General, but it seemed a matter of common sense, with a new Solicitor-General, to solicit his views. (Time expired)

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