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Legal Services Directions and guidance notes

The Legal Services Directions 2005 are a set of binding rules issued by a former Attorney-General about the performance of Commonwealth legal work.

The directions set out requirements for sound practice in the provision of legal services to the Australian Government.

They offer tools to manage legal, financial and reputational risks to the Australian Government’s interests.

They also give Australian Government agencies the freedom to manage their particular risks while providing a supportive framework of good practice.

The Office of Legal Services Coordination (OLSC) administers the directions.

We assist Australian Government agencies to comply with the directions, through our Compliance Framework, Guidance Notes, the Legal Services Multi-Use List Guidance Material, and education program.

We do not give general legal advice.

Training

The OLSC conducts training and awareness seminars to help Australian Government agencies to understand their obligations and how to comply with them. The OLSC currently provides those seminars on an ‘as needed’ basis.

If you would like the OLSC to provide training, contact us at olsc@ag.gov.au or call 02 6141 3642.

The Australian Government Legal Network (AGLN) community site on govdex provides details of upcoming learning and development opportunities. If you are a lawyer, practice manager or legal support officer in an Australian Government agency who is delivering or supporting delivery of legal services in-house, you can join the AGLN govdex community by sending an email to agln@ag.gov.au.

Guidance notes

The OLSC has prepared guidance notes to help agencies to comply with their obligations under the directions.

These notes can be downloaded below:

  1. The Administrative Appeals Tribunal Act 1975: obligation to assist the tribunal:
  2. Use of in-house lawyers for court litigation:
  3. Compliance with the Legal Services Directions 2005:
  4. Recovery of costs:
  5. Principles of constitutional litigation involving Corporate Commonwealth entities:
  6. Handling litigation and alternative dispute resolution during the caretaker period:
  7. Reporting on significant issues:
  8. Reporting of legal services expenditure:
  9. Appointment to accept service under s63 of the Judiciary Act 1903 (Cwlth):
  10. Advice on constitutional law matters (paragraph 10A of the Legal Services Directions 2005):
  11. Briefing the Solicitor-General:
  12. Use of Alternative Dispute Resolution (ADR)

Guidelines

Guidelines are available to assist agencies in the conduct of litigation involving the Commonwealth or Australian Government agencies.

We can assist to identify which non-corporate Commonwealth entity should be responsible for litigation where this is unclear.

Contact us

We maintain an email list for information about the Legal Services Directions and related topics.

To be added to this list please email olsc@ag.gov.au.