The position supports the Attorney General and has occasionally been held concurrently with that office.

The Attorney was the senior law officer and responsible for the work of the Solicitor-General, Crown Solicitors, parliamentary draftsmen, the administration of the courts and supporting officers such as the Sheriff and Coroner.

The Solicitor General represented the crown in court,[a] provided legal advice to the government, drafted bills and helped to prepare civil and criminal litigation.

The minister assumed responsibility for the administration of the courts, sheriff and coroner, as well as the Council of Education, orphan schools, the public library, Australian Museum and observatory.

[5] Prior to 1880 the Minister of Justice and Public Instruction was responsible for the administration of the courts, sheriff and coroner, as well as the Council of Education, orphan schools, the public library, Australian Museum and observatory.