Advice, Policy and Public Law
Advice, Policy and Public Law (APPL) plays a crucial role in ensuring that the State Government operates within a robust legal framework, achieving its policy objectives while maintaining legal compliance, integrity, and transparency. APPL provides specialist advice on a range of core executive and government matters, with expertise in statutory interpretation, legislative reform, environmental law, information access law and other areas of public law.
APPL provides advice on matters relating to the administration of justice, Parliament, judicial officers, Royal Commissions, intergovernmental arrangements and relations with the Commonwealth or other states and territories.
Public and General Litigation
The Public and General Litigation (PGL) section at the SSO plays a critical role in providing expert legal support, advice, and representation to the State Government of Western Australia across a wide array of litigation matters.
The section is involved in some of the most complex and high-profile cases, ensuring that the State’s interests are effectively protected in both civil and criminal proceedings.
The PGL team works closely with the Civil Litigation and Counsel teams but has a strong public law focus. It is integral to the legal operations of the Western Australian Government. Whether it is managing complex commercial disputes, representing the State in class actions, defending tax decisions, or providing advice on public interest immunity, PGL ensures that the State’s legal interests are vigorously defended across a wide range of litigation matters.
Civil Litigation
The Civil Litigation section of the SSO is a large and dynamic team, which plays a crucial role in providing expert legal representation and advice to the Government. The section, with its extensive experience in exclusively representing government interests, safeguards the State by managing a range of complex and sensitive legal matters. Civil litigation against the State often involves claims by individuals seeking to hold the Government to account for actions which are alleged to be negligent and for which the individual has suffered injury.
The Civil Litigation team assists agencies to navigate issues relating to liability appropriately and lawfully. By offering strategic counsel and defending the Government in various civil disputes, the section helps protect public resources, and fosters a fair, accountable legal environment.
Its work is vital not only in addressing claims against the Government but also in maintaining the public’s trust through integrity, diligence, and expert legal knowledge.
Commercial
State Solicitor's Office commercial lawyers represent the State and clients in a wide range of major commercial transactions.
These include agreements in relation to finance, resources, intellectual property and contracts for major public works and infrastructures including major projects for the provision of ports, railways, roads, hospitals, schools and prisons.
The State Solicitor's Office also prepares and advises on a wide range of commercial, conveyancing and other related legal documents and agreements arising out of Government commercial activities, including leasing and procurement.
The Office also provides conveyancing services to Government including, land tenure assessments, land divisions, creations of easements, title searches and settlements.
Native Title and State Lands
The Native Title and State Lands (NTSL) section provides legal and strategic advice to the Western Australian Government and its agencies on navigating the complexities of the Commonwealth Native Title Act 1993 (NTA) and its impact on WA’s Crown land estate. The State Solicitor's Office represents the State and its agencies in native title applications in the Federal Court and the National Native Title Tribunal.
The Office also provides advice to Government and government agencies on a range of associated native title legal issues, Aboriginal heritage issues and indigenous land use agreements.
The NTSL team also deal with town planning and land valuation matters.
Counsel
Counsel from the State Solicitor's Office represent the State and clients in a range of courts and tribunals, including the Magistrates Court, District Court, Supreme Court, Federal and High Court and in a variety of tribunals particularly the State Administrative Tribunal and the National Native Title Tribunal. Whether it’s appearing in court on significant civil cases, managing high-risk offender matters, prosecuting regulatory offences, or handling appeals, counsel from this section ensure that the State’s legal interests are protected.
The State Solicitor's Office occasionally briefs counsel from the independent Bar or from private law firms when in-house counsel are unavailable.