Legal Services
| Public Prosecutions | Legal Services for the Government | Legislation | Guardianship and Mental Incapacity | Supporting Victims | Preparation of Wills and other Documents |
The Attorney-General’s Department provides legal services to members of the public and to Government, financial services to the public and a small range of other Justice-related services.
Public Prosecutions
The Office of the Director of Public Prosecutions prosecutes major indictable offences on behalf of the South Australian community.
Legal Services for the Government
The Crown Solicitor’s Office (CSO) provides a broad litigious practice, providing legal advice and representation to Ministers, government departments and statutory authorities on a daily basis.
The CSO provides legal expertise in the following areas:
- Commercial Law.
- Administrative and Environmental Law.
- Litigation.
- Native Title.
- Advising.
The Crown Solicitor’s Office also provides conveyancing services (for example, title searches and settlements), as well as in-house specialist investigation services offered by the Government Investigations Unit.
The Solicitor-General appears for the State when constitutional issues that affect the interests of the State come before the High Court.
The Solicitor-General also appears in the Full Court of the Supreme Court and other courts in the State on instructions from the Crown Solicitor and the Director of Public Prosecutions.
Legislation
- Provides legislative drafting and advisory services to the Cabinet and Ministers, South Australian Government departments and agencies, the Parliament and its Committees and members.
- Prepares up-to-date consolidations of all SA legislation (principal and subordinate).
- Maintains a database of all SA legislation and information relating to SA legislation and ensures the legislation and information can be published in print and electronic form.
Guardianship and Mental Incapacity
The Guardianship Board has the power to make decisions affecting the lives and property of people suffering mental incapacity. It can appoint a guardian to make decisions about where a person should live, and their medical and lifestyle decisions. The Guardianship Board can also appoint an Administrator to manage the finances and legal affairs of a person suffering mental incapacity.
When a guardian is needed to make accommodation, lifestyle and/or medical decisions for a person with a mental incapacity, and there is no other appropriate person to be appointed, the Guardianship Board can appoint the Public Advocate as guardian of last resort. The Guardianship Board may appoint an administrator to manage the financial, and legal affairs of a person with a mental incapacity. It can appoint a family member, a friend, or an organisation such as the Public Trustee or a private trustee company.
Supporting Victims
Once legislation is passed, the new Commissioner for Victims’ Rights will be able to:
- Appoint advocates to appear in Court during sentencing submissions in homicide cases or where the victim has been permanently and totally incapacitated.
- Consult with the Office of the Director of Public Prosecutions (DPP) about victim impact statements and plea bargain arrangements and consult with the Court about its practices and procedures and their effects on victims.
- Make submissions to the Court of Criminal Appeal on guideline sentences.
For more information visit www.voc.sa.gov.au.
Preparation of Wills and other Documents
The Public Trustee is still most well known for preparing Wills and other legal documents. Up to 4,000 Wills are written or revised every year with many third and fourth generation clients choosing Public Trustee to make their last Will and Testament. The Client Services (Document Preparation) Team provides free information and advice on Wills, Enduring Powers of Attorney and Enduring Powers of Guardianship to all members of the South Australian community and holds these documents in safe custody.
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