AGY-1723 | Public Solicitor

Full description

The office of the Public Solicitor was established under the provisions of the Legal Assistance Act, 1943 which was assented to on 29 June 1943. (1) The Legal Assistance Act, 1943 was an Act to make provisions for the granting of legal assistance to persons of limited means and with limited income. The Act also made provisions for the appointment of a Public Solicitor and define the powers, authorities, duties and functions of that position. (2)

The work of the Public Solicitor in the first instance, was the reception and examination of applicants for legal assistance, and if granted, the provision of the necessary legal assistance including in the Courts. (3)

The Public Solicitor provided legal assistance in certain proceedings in the Courts of Petty Sessions, actions in the District Court, actions in all jurisdictions of the Supreme Court, with some qualifications to proceedings in the matrimonial causes jurisdiction, proceedings in the NSW Industrial Commission under section 88F of the Industrial Arbitration Act and appeals to the NSW Court of Appeal, the High Court of Australia and the Judicial Committee of the Privy Council. (4)

The position of Public Solicitor did not come within the operation of the Public Service Act. Hence the exact date of appointment of the first Public Solicitor is unclear. The earliest known date of appointment of a solicitor within the Public Solicitor's office was 1 November 1944. A Deputy Public Solicitor was appointed from 1 July 1946. The staff of the office in 1946 comprised the Deputy Public Solicitor, three solicitors, two clerks and two shorthand-writers / typists. (5)

With the establishment of the Legal Services Commission under the provisions of the Legal Services Commission Act, 1979 (Act No.78, 1979), the Public Solicitor became the principal legal officer of the Commission responsible for administering the provision of legal Services thorough the Public Solicitor's Division. (6)

With the proclamation of the Legal Services Commission (Amendment) Act, 1985 (Act No.86, 1985) on 7 June 1985 (7), the Legal Services Commission became the Legal Aid Commission and the office of the Public Solicitor was abolished. (8)

Endnotes
(1) Legal Assistance Act, 1943 (Act No.17, 1943), s.3 (1); NSW Government Gazette No.67, 9 July 1943, pp.1113-1114.
(2) Loc. cit.
(3) Concise Guide to the NSW State archives, p.31
(4) Outline1968-76, NSW Department of Attorney General and Justice, p.53.
(5) Public Service List, 1946, p.38.
(6) Concise Guide, op. cit., p.31.
(7) NSW Government Gazette, 7 June 1985, p.2512.
(8) Concise Guide, op. cit., p.31.