Solictor-general labels attorney-general's new legal advice rules 'radical'

Australia's solicitor-general says having to refer all requests for advice to the attorney-general is a "radical change in practice" and should be scrapped.

A Senate committee is looking at new guidelines ruling that no one in government, including the prime minister, could seek the solicitor-general's advice without the attorney-general's permission.

"It is a radical change in the practice, whereby a solicitor-general can do nothing, cannot even speak to a lawyer until he has received a brief with a signed consent," Solicitor-General Justin Gleeson told the committee on Friday.

"The change was introduced without the attorney-general telling me about it. The change is one which is making the function of my office exceptionally difficult."

He said he had asked Attorney-General George Brandis to withdraw the order - which amounted to a "threat" to his office - and engage in proper consultation.

Mr Gleeson gave the example of having provided confidential advice to the prime minister earlier this year, without making it known to the attorney-general.

"I provided the advice confidentially to the prime minister," he said.

"As far as I know a copy of that advice sits only in my files and the prime minister's office."

Mr Gleeson cited another example from yesterday in which a senior government lawyer came to his office seeking urgent advice on a High Court proceeding which had questions of law attached to it.

Mr Gleeson, in answer to a question from Liberal senator Ian Macdonald, said he had spoken to shadow attorney-general Mark Dreyfus in June while the government was in caretaker mode during the election campaign.

Mr Dreyfus had asked two questions - whether Mr Gleeson was consulted over the direction and whether he supported it - to which he answered no.

"If I was asked by any member of the 44th parliament - which was dissolved on May 6 - what the true facts were it was my duty to tell that member of parliament what I considered the truth to be," Mr Gleeson told the hearing.

The solicitor-general was asked whether he was comfortable with an attorney-general seeking alternative advice from other legal sources.

He said it was "within an attorney-general's ability to do so", but he would expect that alternative advice be added to a government database of advice for future reference.

Prime Minister Malcolm Turnbull is confident the stoush between the attorney-general and the solicitor-general will be resolved eventually, stressed the two are a team.

"They support each other," he told reporters in Canberra.

"I am sure whatever differences or misunderstandings will be resolved."

Mr Turnbull said it was important to remember the attorney-general was the first law officer whom even he would turn to for advice in the first place.

It was always appropriate for a prime minister to consult with the attorney-general about seeking counsel from the second law officer.

"It is inconceivable that the attorney-general would say 'No, I don't want you to seek the advice of the solicitor-general'," Mr Turnbull said.