In Australia the Attorney-General is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security and the Australian Security Intelligence Organisation. Robert McClelland is the current Attorney-General.
The Minister for Justice and Customs was formerly the minister assisting the Attorney-General. As of the 3rd December 2007, the Minister for Home Affairs has been responsible for the Australian Federal Police and the Australian Customs Service, as well as the Australian Security Intelligence Organisation (ASIO). The current Minister for Home Affairs is Bob Debus.
The Australian states each have an Attorney-General, who is a state minister with similar responsibilities to the federal minister with respect to state law.
Functions of the state and federal Attorneys-General include the administration of the selection of persons for nomination to judicial posts, and authorising 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.
1 comment:
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