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Attorney-General's Department

AGD

1 January 1901 – present

The Department of State responsible for the Commonwealth's legal affairs: legal policy and law reform, the federal courts and tribunals, administrative and family law, human rights, integrity and Commonwealth legal services. At various times it has also held industrial relations, security intelligence, federal policing, customs, emergency management and the arts.

How it came into existence

Established on 1 January 1901 as one of the seven original Departments of State, created by the Governor-General in Council at the inauguration of the Commonwealth under section 64 of the Constitution. Alfred Deakin was the first Attorney-General and Robert Garran, the first Commonwealth public servant, its first secretary; it had no Commonwealth predecessor.

Changes during its life

  1. 1932The separate staff of the Department of Industry were abolished and that department was thereafter administered within the Attorney-General's Department, the Attorney-General also holding the Industry portfolio, until it was replaced in 1940.
  • Part split off to form Commonwealth Crown Solicitor's Office · 1903
    • Legal services to the Commonwealth

    Established as an office within the department.

  • Part split off to form Commonwealth Police Force · December 1917
    • Enforcement of Commonwealth law

    Raised as a new force under the Attorney-General.

  • Part split off to form Federal Capital Territory Police · 1927
    • Commonwealth peace officers

    Formed on the Attorney-General's decision, with Commonwealth peace officers appointed under the Peace Officers Act 1925 as its first constables.

  • Part split off to form Department of Industry · 10 December 1928
    • Industrial relations
    • Administration of the Conciliation and Arbitration Act
  • Part split off to form Commonwealth Security Service · March 1941
    • Civil security intelligence

    Established within the Attorney-General's portfolio.

  • Part split off to form Office of Parliamentary Counsel · 1970
    • Drafting of bills
  • Part split off to form Australian Legal Aid Office · 1973
    • Legal aid

    Established as an office within the department.

  • Part split off to form Department of Police and Customs · 27 March 1975
    • Commonwealth Police Force (matters under the Commonwealth Police Act 1957)
    • Police forces of the Australian Capital Territory, the Northern Territory and Norfolk Island

    Wikipedia names the Attorney-General's Department as the preceding department for the police functions.

  • Part split off to form Department of Science and Consumer Affairs · 6 June 1975
    • Consumer affairs

    Source of the consumer affairs function not confirmed against the AAO.

  • Part split off to form Department of Business and Consumer Affairs · 22 December 1975
    • Bankruptcy and insolvency
    • Patents, trade marks and designs
    • Copyright
    • Trade practices regulation
  • Part split off to form Office of Film and Literature Classification · 1988
    • Administration of film and literature censorship

    Formed from Commonwealth censorship administration in the Attorney-General's portfolio; exact branch lineage not confirmed.

  • Part split off to form Office of Strategic Crime Assessments · 1994
    • Strategic criminal intelligence assessment
  • Part split off to form Insolvency and Trustee Service Australia · 1996
    • Bankruptcy administration
    • Official Receivers and Official Trustee
  • Part split off to form Department of Industry, Science and Tourism · 11 March 1996
    • Consumer affairs

    Consumer affairs had been in the Attorney-General's portfolio under the Keating government.

  • Part split off to form CERT Australia · January 2010
    • National computer emergency response
    • Cyber security engagement with critical infrastructure owners
  • Part split off to form Department of Regional Australia, Regional Development and Local Government · 14 September 2010
    • Administration of the non-self-governing territories

    Territories had been with the Attorney-General's Department since December 2007.

  • Functions transferred to Office of Parliamentary Counsel · 1 March 2012
    • Drafting of legislative instruments
    • Publishing of Commonwealth legislation

    The department's Office of Legislative Drafting and Publishing moved to OPC.

  • Part split off to form Department of Immigration and Border Protection · 18 September 2013
    • Customs and border control policy responsibility (the Australian Customs and Border Protection Service portfolio)

    The Administrative Arrangements Order of 18 September 2013 moved the customs and border control matter, and the Service with it, from the Attorney-General's portfolio; the Service itself was merged into the department on 1 July 2015.

  • Part split off to form Department of Communications and the Arts · 21 September 2015
    • Arts and cultural policy (Ministry for the Arts)
    • National collecting institutions
    • Movable cultural heritage
    • Classification (previously described as censorship)
    • Copyright policy
  • Part split off to form Department of Home Affairs · 20 December 2017
    • National security and criminal justice policy
    • Protective security policy
    • Critical infrastructure security (Critical Infrastructure Centre)
    • Cyber security (CERT Australia)
    • Emergency management (Emergency Management Australia)
  • Part split off to form Department of Employment and Workplace Relations · 1 July 2022
    • Industrial and workplace relations policy
    • Fair Work framework
    • Work health and safety and workers' compensation policy
  • Part split off to form Administrative Review Council · 14 October 2024
    • Advice on the Commonwealth administrative law system

    The functions of the defunded 1976 council had been absorbed into the department in 2015.

Main functions

  • Legal advice and legal services to the Commonwealth
  • Legal policy, law reform and administrative law
  • Federal courts, tribunals and family law
  • Human rights, privacy and freedom of information
  • Integrity and anti-corruption policy
  • Copyright, native title and international legal cooperation
  • National security, federal policing and emergency management policy (to 2017)
  • Conciliation and arbitration (1904–1928) and industrial relations (2020–2022)

Where it sits

Type of body
Non-corporate Commonwealth entity
Portfolio
Attorney-General's
Accountable authority
Secretary of the Department – Public Governance, Performance and Accountability Act 2013 section 12(2) item 1
ABN
92 661 124 436

Bodies in this portfolio (79)

Lineage

Loading lineage…

Sources

Primary sources

47 more Administrative Arrangements Orders set it out