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Legal Services Directions and guidance notes

We assist Australian Government agencies to comply with the Legal Services Directions, through our Compliance Framework, Guidance Notes and education program.

We do not give general legal advice.

Legal Services Directions

The Legal Services Directions 2017 are a set of binding rules issued by the Attorney-General about the performance of Commonwealth legal work. They replace the Legal Services Directions 2005, and by operation of Appendix G, paragraph 6 of the Legal Services Directions 2017, where a pre-existing instrument or document refers to the Legal Services Directions 2005, the reference will be read as a reference to the Legal Services Directions 2017.

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.

Notifiable instruments

On 4 May 2016, the Attorney-General issued the Legal Services Direction – time-barred abuse claims. It directs Commonwealth entities not to plead a defence based on an expired limitation period, nor oppose an application for an extension of time, in relation to personal injuries suffered from alleged child sexual abuse in an institutional context. The direction came into effect on 4 May 2016.

The Attorney-General further approved OLSC to presume his approval for agency requests not to plead a limitation period, where litigation is already on foot and where a statute‑barred child abuse claim (not limited to child sexual abuse) would otherwise fall outside this direction.

Training

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

If you would like the OLSC to provide training, email 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 emailing 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 2017:
  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 (Cth):
  10. Advice on constitutional law matters (paragraph 10A of the Legal Services Directions 2017):
  11. Briefing the Solicitor-General:
  12. Use of Alternative Dispute Resolution (ADR):
  13. Guiding Principles for Commonwealth entities responding to civil claims involving allegations of institutional child sexual abuse:

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, email olsc@ag.gov.au.