| Post: | Attorney-General |
| Body: | Australia |
| Insignia: | Coat_of_Arms_of_Australia.svg |
| Insigniacaption: | Commonwealth Coat of Arms |
| Flag: | Flag of Australia (converted).svg |
| Flagcaption: | Flag of Australia |
| Incumbent: | Mark Dreyfus |
| Incumbentsince: | 1 June 2022 |
| Department: | Attorney-General's Department |
| Style: | The Honourable (formal) Attorney-General (spoken) |
| Member Of: | Cabinet of Australia Federal Executive Council National Security Committee Indigenous Policy Committee Governance Committee |
| Seat: | Canberra, ACT |
| Appointer: | Governor-General |
| Appointer Qualified: | on the advice of the prime minister |
| Termlength: | At the Governor-General's pleasure |
| Formation: | 1 January 1901 |
| First: | Alfred Deakin |
| Salary: | $336,599.25[1] |
The attorney-general of Australia (AG) is the minister of state and chief law officer of the Commonwealth of Australia charged with overseeing federal legal affairs and public security as the head of the Attorney-General’s Department. The current attorney-general is Mark Dreyfus, who was chosen by prime minister Anthony Albanese on June 2022 following the 2022 federal election.[2] By convention, the attorney-general is a lawyer.
The attorney-general is one of only four positions in the Commonwealth Government to have continuously been held since federation, along with the prime minister, the minister for defence and the treasurer.[3]
The attorney-general is nearly always a person with legal training, and eleven former attorneys-general have received senior judicial appointments after their ministerial service.
Billy Hughes was the longest-serving attorney-general of Australia, serving for thirteen and a half years over four non-consecutive terms; this included six years during his own prime ministership.
Historically, the attorney-generalship was seen as a stepping stone to higher office – Alfred Deakin, Billy Hughes, and Robert Menzies all became prime minister, while John Latham, H. V. Evatt, and Billy Snedden were leaders of the opposition. Lionel Bowen was deputy prime minister under Bob Hawke in the 1980s. Additionally, four former attorneys-general have won appointment to the High Court – Isaac Isaacs, H. B. Higgins, John Latham, Garfield Barwick, and Lionel Murphy. Isaacs later became governor-general.
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 and the Australian Commission for Law Enforcement Integrity.
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.
See: Australian Security Intelligence Organisation
The following individuals have been appointed as attorney-general for Australia:[4]
| width=5 | Order | width=200 | Minister | width=150 colspan="2" | Party | width=75 | Prime Minister | width=70 | Prior legal experience | width=230 | Alma mater | width=150 | Term start | width=150 | Term end | width=130 | Term in office |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Protectionist | Barton | Barrister | University of Melbourne | |||||||||||||
| 2 | Senator James Drake | Deakin | Barrister | King's College School, London | days | ||||||||||||
| 3 | Protectionist | Watson | Barrister | University of Melbourne | days | ||||||||||||
| 4 | Senator Sir Josiah Symon, | Free Trade | Reid | Barrister | Free Church Training College | days | |||||||||||
| 5 | Protectionist | Deakin | Barrister | University of Melbourne | |||||||||||||
| 6 | Lawyer | University of Melbourne | |||||||||||||||
| 7 | Billy Hughes, | Labor | Fisher | Barrister | n/a | days | |||||||||||
| 8 | Paddy Glynn, | Commonwealth Liberal | Deakin | Barrister | Trinity College Dublin | days | |||||||||||
| n/a | Billy Hughes | Labor | Fisher | Barrister | n/a | ||||||||||||
| 9 | Commonwealth Liberal | Cook | Barrister | Trinity College, Dublin; University of Melbourne | |||||||||||||
| n/a | Billy Hughes | Labor | Fisher | Barrister | n/a | ||||||||||||
| Hughes | |||||||||||||||||
| National Labor | |||||||||||||||||
| Nationalist | |||||||||||||||||
| n/a | Sir Littleton Groom, | Lawyer | University of Melbourne | ||||||||||||||
| Bruce | |||||||||||||||||
| 10 | Barrister | University of Melbourne | |||||||||||||||
| 11 | Frank Brennan | Labor | Scullin | Barrister | University of Melbourne | ||||||||||||
| n/a | Sir John Latham, | United Australia | Lyons | Barrister | University of Melbourne | ||||||||||||
| 12 | Barrister | University of Melbourne | |||||||||||||||
| n/a | Billy Hughes, | Barrister | n/a | ||||||||||||||
| Page | |||||||||||||||||
| Menzies | |||||||||||||||||
| Fadden | |||||||||||||||||
| 13 | Labor | Curtin | Barrister, Judge | University of Sydney | |||||||||||||
| Forde | |||||||||||||||||
| Chifley | |||||||||||||||||
| 14 | Liberal | Menzies | Barrister | University of Melbourne | |||||||||||||
| 15 | Senator Neil O'Sullivan | Solicitor | |||||||||||||||
| 16 | Barrister | University of Sydney | |||||||||||||||
| 17 | Barrister | University of Western Australia | |||||||||||||||
| Holt | |||||||||||||||||
| 18 | Barrister | University of Sydney | |||||||||||||||
| McEwen | |||||||||||||||||
| Gorton | |||||||||||||||||
| 19 | Barrister | University of Sydney | |||||||||||||||
| McMahon | |||||||||||||||||
| n/a | Nigel Bowen | Barrister | University of Sydney | days | |||||||||||||
| 20 | Barrister | University of Melbourne | |||||||||||||||
| 21 | Labor | Whitlam | Barrister | University of Sydney | days | ||||||||||||
| 22 | Barrister | University of Sydney | |||||||||||||||
| 23 | Barrister | University of Sydney University of London | days | ||||||||||||||
| n/a | Senator Ivor Greenwood | Liberal | Fraser | Barrister | University of Melbourne | days | |||||||||||
| 24 | Barrister | University of Sydney | |||||||||||||||
| 25 | Barrister | University of Western Australia Lincoln College, Oxford | |||||||||||||||
| 26 | Labor | Hawke | Barrister | University of Melbourne Magdalen College, Oxford | |||||||||||||
| 27 | Lionel Bowen | Solicitor | University of Sydney | ||||||||||||||
| 28 | Michael Duffy, | Solicitor | University of Melbourne | ||||||||||||||
| Keating | |||||||||||||||||
| 29 | Duncan Kerr | Labor | Keating | Barrister | University of Tasmania | days | |||||||||||
| 30 | Michael Lavarch | Solicitor | Queensland University of Technology | ||||||||||||||
| 31 | Daryl Williams, | Liberal | Howard | Barrister | University of Western Australia Wadham College, Oxford | ||||||||||||
| 32 | Philip Ruddock | Solicitor | University of Sydney | ||||||||||||||
| 33 | Robert McClelland | Labor | Rudd | Solicitor | University of New South Wales University of Sydney | ||||||||||||
| Gillard | |||||||||||||||||
| 34 | Nicola Roxon | Solicitor | University of Melbourne | ||||||||||||||
| 35 | Barrister | University of Melbourne | days | ||||||||||||||
| Rudd | |||||||||||||||||
| 36 | Liberal | Abbott | Barrister | University of Queensland
| |||||||||||||
| Turnbull | |||||||||||||||||
| 37 | Christian Porter | Lawyer | University of Western Australia, London School of Economics | ||||||||||||||
| Morrison | |||||||||||||||||
| 38 | Senator Michaelia Cash | Solicitor | Curtin University
| ||||||||||||||
| n/a | Labor | Albanese | n/a | Australian National University | |||||||||||||
| 39 | Mark Dreyfus | Barrister | University of Melbourne | Incumbent |
Notes
A member of the Protectionist Party, Higgins served in the Labor ministry of Chris Watson, because Labor had no suitably qualified lawyer in Parliament.
Hughes took silk in 1909, and became a King's Counsel.[5]
Whitlam served as part of a two-man ministry together with Lance Barnard for fourteen days, until the full ministry was commissioned.
Prime Minister Paul Keating's original choice for Attorney-General in 1993 had been Michael Lavarch, but Lavarch's re-election was delayed by the death of an opposing candidate for the seat of Dickson; Duncan Kerr held the portfolio in the interim until Lavarch won the resulting supplementary election. Kerr served as Attorney-General for 26 days. There was no Attorney-General for the eight days between Duffy's commission ending on 24 March 1993 and Kerr's commission commencing on 1 April 1993.
Gallagher served as part of an interim five-person ministry for nine days, until the full ministry was commissioned.
While previously there existed informal titles for junior ministers, since 1980 they have been officially designated parliamentary-secretaries.[6] They have also been titled assistant minister and minister assisting. Parliamentary-secretaries to the attorney-general are listed below.
In 2022, Matt Thistlethwaite was titled the Assistant Minister for the Republic and was tasked with promoting the Albanese government's policy of establishing of a republic.[7] [8] However, he was also formally the Parliamentary Secretary to the Attorney-General.[9]
| Minister | Party | Prime Minister | Title | Term start | Term end | Term in office | ||
|---|---|---|---|---|---|---|---|---|
| Neil Brown | Liberal | Fraser | Minister assisting the Attorney-General | 7 May 1982 | 11 March 1983 | |||
| Peter Duncan | Labor | Keating | Parliamentary Secretary to the Attorney-General | 27 December 1991 | 11 March 1996 | |||
| Chris Ellison | Liberal | Howard | Parliamentary Secretary to the Attorney-General | 13 February 1997 | 18 July 1997 | |||
| Chris Ellison | Howard | Minister assisting the Attorney-General | 18 July 1997 | 9 October 1997 | ||||
| Shayne Neumann | Labor | Gillard | Parliamentary Secretary to the Attorney-General | 25 March 2013 | 18 September 2013 | |||
| Concetta Fierravanti-Wells | Liberal | Abbott | Parliamentary Secretary to the Attorney-General | 28 May 2015 | 21 September 2015 | |||
| Amanda Stoker | Morrison | Assistant Minister to the Attorney-General | 22 December 2020 | 23 May 2022 | ||||
| Matt Thistlethwaite | Labor | Albanese | Assistant Minister for the Republic | |||||
| Patrick Gorman | Assistant Minister to the Attorney-General | incumbent | ||||||
The Australian states each have separate attorneys-general, who are state ministers with similar responsibilities to the federal minister with respect to state law. For attorneys-general of the various states and territories of Australia, see: