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State Law Office Act 1998

Commencement: 14 September 1998


REPUBLIC OF VANUATU


STATE LAW OFFICE ACT
NO. 4 OF 1998


Arrangement of Sections


PART I - PRELIMINARY


1. Purpose
2. Interpretation


PART II - STATE LAW OFFICE


3. State Law Office
4. Minister Responsible For Office
5. Head of Office


PART III - ATTORNEY-GENERAL


6. Principal Functions of Office
7. Appointment of Attorney-General
8. Qualifications of Attorney-General
9. Term of Office and Employment
10. Role, Functions and Powers of Attorney-General
11. Independence of Attorney-General
12. Exercise of the Attorney-Generals Functions and Powers


PART IV - LEGAL OFFICERS OF THE STATE


13. Legal Officers
14. Solicitor-General
15. Parliamentary Counsel
16. State Counsel
17. Appointment of Legal Officers
18. Terms of Employment
19. Independence of Legal Officers


PART V - SUPPORT STAFF


20. Support Staff


PART VI - GOVERNMENT AND THE ATTORNEY-GENERAL


21. Interference with Attorney-General and Office prohibited
22. Duty to consult with Attorney-General


PART VII - MISCELLANEOUS


23. Legal Officers not entitled to Private Practice
24. Remuneration
25. Rights of Attorney-General, Solicitor-General and Legal Officers
26. Transitional
27. Repeal
28. Commencement


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REPUBLIC OF VANUATU


STATE LAW OFFICE ACT
NO. 4 OF 1998


Assent: 16/07/98
Commencement: 14/09/98


An Act to provide for a state law office and for the legal officers of the State.


BE IT ENACTED by the President and Parliament as follows:


PART I


PRELIMINARY


PURPOSE


  1. The purpose of this Act is to provide for the establishment of a State law office, the appointment of legal officers of the State and to provide for the duties, functions and responsibilities of the office and of legal officers.

INTERPRETATION
2. In this Act, unless the context otherwise requires:


"Attorney-General" means the person appointed as Attorney-General under section 7;


"Office" means the State Law Office;


"Government" means the Government of the Republic of Vanuatu and includes, for the purposes of this Act, those elected members of Parliament, comprising the Government;


"Legal officer" means a person appointed to the State Law Office under this Act and includes the Attorney-General.


PART II


STATE LAW OFFICE


STATE LAW OFFICE
3. There is hereby established a State Law Office.


MINISTER RESPONSIBLE FOR OFFICE

  1. The Minister responsible for the office shall be the Prime Minister or a Minister appointed by the Prime Minister for that purpose.

HEAD OF OFFICE
5. The Attorney-General shall be the head of the Office.


PART III


ATTORNEY-GENERAL


PRINCIPAL FUNCTIONS OF OFFICE
6. The principal functions of the Office, shall be:


(a) to provide advice to, and represent the Government on, legal matters that may be referred to it by the President, the Council of Ministers, the Prime Minister, a Minister, a director-general of a ministry, or director of a department; and


(b) to provide legislative drafting services to Government.


APPOINTMENT OF ATTORNEY-GENERAL

  1. The Attorney-General shall be appointed by the President on the advice of the Judicial Service Commission.

QUALIFICATONS OF ATTORNEY-GENERAL

  1. No person shall be appointed to the position of Attorney-General unless he or she has:

(a) been in practice as a barrister or solicitor or both in Vanuatu or in a Commonwealth country or French territory or partly in one and partly in one of the others for a period of, or periods amounting in aggregate to, not less than 7 years; and


(b) has been admitted to practice in Vanuatu as a legal practitioner.


TERM OF OFFICE AND EMPLOYMENT

  1. (1) The Attorney-General shall be appointed for a term of 3 years and may be reappointed.

(2) The Attorney-General may on 3 months notice resign from office in writing addressed to the Prime Minister.


(3) The Attorney-General may only be removed from office by the President on the advice of the Judicial Service Commission for disability, bankruptcy, neglect of duty, incompetence or misconduct.


(4) Subject to the provisions of any other enactment the salary, and any allowances and other entitlements of the Attorney-General shall be determined by the Judicial Service Commission.


ROLE, FUNCTIONS AND POWERS OF ATTORNEY-GENERAL

  1. (1) The Attorney-General shall be the principal legal officer of the State and the principal legal adviser to Government.

(2) The Attorney General shall be vested with all such duties. functions and powers as may be provided for by the Constitution. statute and at common law.


(3) The Attorney-General shall participate in all meetings and deliberations of the Council of Ministers for the purpose of providing independent legal advice but shall have no vote, and shall not be deemed to be a member of the Council.


(4) The Attorney-General shall have a right of audience in, and shall take precedence over, any other person appearing before any court or tribunal.


INDEPENDENCE OF ATTORNEY-GENERAL

  1. (1) The Attorney-General must carry out his or her obligations under the Constitution, this Act or any other enactment or at common law independently and shall provide legal advice to the Government accordingly.

(2) The Attorney-General is not to be subject to the direction of any other person or body in the exercise of his or her functions.


EXERCISE OF THE ATTORNEY-GENERALS FUNCTIONS AND POWERS

  1. (1) The Attorney-General may exercise his or her functions through the Solicitor-General or any other legal officer appointed to the Office.

(2) Notwithstanding the delegation of functions under subsection (1), the Attorney-General must supervise his or her legal officers and remain responsible for their performance of such functions.


(3) Any function authorised or required by any enactment or at common law to be performed by the Attorney-General may be discharged by the Solicitor-General if.


(a) the office of the Attorney-General is vacant; or


(b) the Attorney-General is unable to act owing to absence or illness; or


(c) the Attorney-General authorises the Solicitor-General to act in any particular case.


(4) During any period when the office of Attorney-General is vacant, any certificate, petition, direction, notice, proceeding or other document, matter or thing whatsoever authorised or required by any enactment to be given, delivered. served. taken or done to, on or against the Attorney-General, may be given, delivered served taken or done to, on or against the Solicitor-General.


PART IV


LEGAL OFFICERS OF THE STATE


LEGAL OFFICERS
13. There shall be appointed to the Office, the following legal officers:


(a) a Solicitor-General; and


(b) a Parliamentary Counsel; and


(c) Such other legal officers, to be known as State Counsel, as are required to assist in fulfilling the functions of the Office.


SOLICITOR-GENERAL

  1. The principal function of the Solicitor-General is to conduct civil proceedings as directed by the Attorney-General.

PARLIAMENTARY COUNSEL

  1. The principal function of the Parliamentary Counsel is to draft legislation on behalf of the Government as directed by the Attorney-General.

STATE COUNSEL

  1. The principal function of State Counsel is to assist in the functions of the Attorney-General and the Office, as directed by the Attorney- General.

APPOINTMENT OF LEGAL OFFICERS

  1. (1) Subject to subsection (2), the Attorney-General is to appoint all legal officers to the Office.

(2) No person shall be appointed to the Office as a legal officer unless that person:


(a) is admitted to practice in Vanuatu as a legal practitioner; and


(b) has sufficient experience and ability to fulfil the role to which he or she is to be appointed; and


(c) is approved by the Judicial Service Commission.


TERMS OF EMPLOYMENT

  1. (1) An appointment as a legal officer shall be pursuant to a m7ritteii contract of employment with the Attorney-General on such terms and conditions as shall be determined by the Attorney-General and appointed by the Judicial Service Commission.

(2) The salary and any allowances and entitlements shall be as determined by the Attorney-General in consultation with the Judicial Service Commission.


(3) In the appointment of a legal officer the Attorney-General must have regard to the budget available to the Office.


INDEPENDENCE OF LEGAL OFFICERS

  1. (1) A legal officer must carry out his or her duties under the Constitution, this Act or any other enactment and at common law at the direction of the Attorney-General, but otherwise independently and shall provide le-al advice to the Government accordingly.

(2) A legal officer is not to be subject to the direction of any other person or body in the exercise of his or her functions other than by the Attorney-General.


PART V


SUPPORT STAFF


SUPPORT STAFF

  1. (1) The Attorney-General may appoint such other employees as may be necessary for the efficient carrying out of the functions of the Office.

(2) The Government will ensure that there is a sufficient budget allocated to the Office to enable it to properly fulfil its functions. The Attorney- General must have regard to that budget when employing staff.


(3) No person will be deemed to be employed in the Public Service by reason of appointment under this section.


PART VI


GOVERNMENT AND THE ATTORNEY-GENERAL


INTERFERENCE WITH ATTORNEY-GENERAL AND OFFICE PROHIBITED

  1. The President, Government and all other persons whether in the Public Service or otherwise must not interfere or attempt to interfere in the performance and independence of the Attorney-General and the Office.

DUTY TO CONSULT WITH ATTORNEY-GENERAL

  1. (1) In all legal matters concerning the State or Government, the President, and Government, must consult the Attorney-General.

(2) The President or Government will not instruct a private legal practitioner in matters of State without the prior written approval of the Attorney-General.


(3) The Attorney-General may when he or she considers it prudent or when the circumstances warrant, engage a private legal practitioner to undertake legal work on behalf of the Office.


PART VII


MISCELLANEOUS


LEGAL OFFICERS NOT ENTITLED TO PRIVATE PRACTICE

  1. (1) Subject to subsection (2) no legal officer appointed to the Office, including the Attorney-General, will engage in private practice of any kind.

(2) The Attorney-General may grant prior written approval to a legal officer (but may not himself or herself,) or private practitioner temporally appointed to the Office whatever his or her designation, to carry on private practice, subject to such conditions as the Attorney-General may impose, and may from time to time cancel such permission or vary or add to the conditions.


REMUNERATION

  1. The salary, allowances and entitlements of any legal officer or- support staff appointed under this Act, including the Attorney-General. are subject to any limitations. imposed in any other enactment.

RIGHTS OF ATTORNEY-GENERAL, SOLICITOR-GENERAL AND LEGAL OFFICERS

  1. Every person holding the office of Attorney-General, Solicitor-General and legal officer appointed to the Office shall by virtue of holding such office be permitted to practice as a barrister and solicitor in Vanuatu.

TRANSITIONAL


  1. Every person appointed to an office in the Office of the Attorney- General under the Law Officers Act [CAP. 118] or employed in that Office immediately before the commencement of this Act will, after the commencement of this Act continue in Office as if appointed or employed (as the case may be) under and subject to the provisions of this Act.

REPEAL


27. The Law Officers Act [CAP. 11 8] is repealed.


COMMENCEMENT


28. This Act shall come into force on the date of its publication in the Gazette.


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