Functions of the State Attorney-General's Chambers

Responsibilities

  1. Advisory
  2. Drafting and Translation
  3. Civil Litigation
  4. Law Revision and Reprinting

Functions

  1. To deal with all civil matters in which the State Government is a party, to act as advocates in civil proceedings by or against the State Government and to advise the various State Government Ministries and Departments on all civil matters whenever such advice is required;
  2. To draft all legislation to be passed by the State Legislative Assembly, subsidiary legislation, by-laws, regulations, orders, instruments, State Government contracts and other legal documents including the translation of draft legislation to be passed by the State Legislative Assembly into Bahasa Malaysia;
  3. To provide legal advice or opinion on all aspects of legal problems of the various State Government Ministries or Departments which are referred to the Chambers for opinion or advice and to give advice to the State Public Service Commission on all disciplinary and service matters; and
  4. To deal with the revision and reprint of all existing State Laws by incorporating all the latest amendments.

Service Provided by the Chambers

  1. To give legal advice and/or opinion to all State Government Ministries and Departments;
  2. To draft State legislation and subsidiary legislation including orders, by-laws, rules, regulations, instruments etc. and other legal documents for all the State Ministries or Departments and other State Government agencies;
  3. To conduct all civil proceedings for the State Government in the Magistrate's Courts, the Sessions Courts, the High Court, Court of Appeal or the Federal Court;
  4. To appear as advocate on behalf of the State Government in all civil proceedings against the State Government or any State Government officer in his official capacity; and
  5. To deal with any other legal matters of all State Government Ministries and Departments.

Procedure for obtaining the Service

The Administrative Instructions, 1991, Instruction No.21 of Chapter 5 provides for the normal procedure as follows:

  1. All requests for services such as legal opinion or advice in all legal matters must be made through the Ministry concerned except in the following cases where departmental approach may be made:
    1. advice on/or the institution of proceedings in individual cases for breaches of State Laws;
    2. request for advice on or drafting of individual contracts to which the State Government is a party; and
    3. where any legal advice would have adverse effect on some person outside the Government service or professional secrecy is involved whereby undue circulation would be undesirable;
  2. All such requests must be made on the relevant Ministerial file and not by way of an individual memorandum;
  3. The officer making any request must invite attention to all relevant documents and prior legal advice on the same or closely related subjects and state the problems to which an opinion or advice is required as succinctly as possible; and
  4. Request for the drafting of any State legislation or subsidiary legislation must only be made after such request and the details thereof have been approved by the Minister concerned and in case of legislation affecting a major change of policy the agreement in principle from the Cabinet must first be obtained.