Purchasing legal services

Important update: 1 July 2024 changes to the Legal Services Panel

We are currently updating this page to reflect changes to the Whole of Government Legal Services Panel that commenced on 1 July 2024.

For more information on the changes, please contact LSPanel@ag.gov.au.

About the Whole of Australian Government Legal Services Panel

We administer the Whole of Australian Government Legal Services Panel as a coordinated procurement arrangement, consistent with the Commonwealth Procurement Rules (CPRs).

It leverages the Commonwealth's purchasing power, increases price transparency and creates efficiencies in the Commonwealth's engagement with external legal services providers (LSPs).

The current panel began on 1 July 2024 and will run until 30 June 2027 (with 2 options to extend for one year each until 30 June 2029). The Standing Offer Number for the panel is SON4072331.

All non-corporate Commonwealth entities, and other Commonwealth bodies that have opted in, must purchase legal services consistently with the panel arrangements.

Alongside the panel, Commonwealth entities can use AGS for any legal work at any time.

Areas of law

LSPs are appointed to the panel under 6 broad areas of law, each with an associated schedule of rates.

These are:

  • workplace, industrial relations and compensation
  • public law
  • corporate and commercial (general)
  • corporate and commercial (specialist)
  • property and environment
  • legal support services

For more information, refer to:

Flexibility mechanisms

Participating entities can purchase up to 10% of their estimated external legal services spend from outside the Panel at the entity's discretion.

We can grant exemptions from using the panel in exceptional circumstances where it is either not possible or appropriate to use the panel.

These flexibility mechanisms allow entities to engage new and emerging LSPs, as well as manage the complexity of legal services, during the panel's term.

Transitional arrangements

Orders for legal services issued before the current panel commenced are not affected by the panel arrangement. This is because the CPRs apply at the time the procurement or order takes place.

However, LSPs on the panel may provide these services under the terms and conditions of the panel if requested.

For these pre-existing orders, entities may at their own discretion increase any dollar limits applying to the order or amend any other term, provided the substantive scope of the order is not increased and obligations on the LSP are not reduced. The end date of the order can only be extended with our approval.

Pro bono target

The National Pro Bono Target is a voluntary and aspirational commitment of at least 35 hours of pro bono work per lawyer per annum. Learn more about the target.

LSPs appointed to the panel must sign up to, meet, and use their best endeavours to exceed the target.

Each year, LSPs must report to us their total hours of pro bono work and average number of pro bono hours per lawyer for the previous financial year in total as well as by level of lawyer.

LSPs who fail to meet the target may be suspended from the panel.

This is supplemented by the obligation in Appendix F to the Legal Services Directions 2017, for Commonwealth entities to consider providers' current and future pro bono activities and whether they are a signatory to the target when determining which LSP to engage. This includes whether an LSP has met the target, and the amount of pro bono activities undertaken above the target.

AGS pro bono

AGS is also a signatory to the target. There are statutory limitations on who the AGS can act for, including in a pro bono context. A determination under subsection 55N(4) of the Judiciary Act 1903 (Cth) is required. This requires consideration of a range of issues, including ensuring there is a proper constitutional basis upon which AGS can act for that client and that there are no conflicts with the Commonwealth's interests.

Notwithstanding these limitations, AGS values undertaking pro bono work and strives to meet the target.

How to use the panel

The Legal Services Panel Portal enables participating Commonwealth entities to access legal services from the panel or the Australian Government Solicitor (AGS).

Entities can use the portal to search for the names and rates of LSPs and AGS, for any area of law.

If you are a participating entity and you do not have a Portal profile, complete the Legal Services Panel Portal Entity Profile Form and email it to lspanel@ag.gov.au.

Training sessions

We offer training sessions for Commonwealth entities and Panel LSPs to enhance their ability to use and comply with the terms of the Panel. Sessions cover:

  • how the panel operates and what it means to use the panel
  • how AGD and AGS relate to the panel
  • panel guidance material and the flexibility mechanisms
  • LSP reporting obligations
  • data tools for entities
  • a portal demonstration.

Off-panel legal services procurements

From 1 January 2016, the Commonwealth Contracting Suite applies to all non-corporate Commonwealth entities. Corporate Commonwealth entities are encouraged to apply this policy.

Template contract terms are available from the Commonwealth contracting suite. Entities should consider whether modifications are necessary to the template to ensure they obtain legal services on suitable terms that are consistent with their obligations under the Legal Services Directions 2017.

We have developed an optional annexure that entities may include in their Commonwealth legal services contracts when engaging legal services outside of the panel arrangements. This annexure creates performance and reporting obligations, as well as data security requirements, consistent with the panel terms, but does not address other possible requirements to tailor the Commonwealth Contracting Suite to suit a legal services procurement (e.g. by addressing the Legal Services Directions 2017).

For the engagement of counsel, Resource Management Guideline 420 provides that use of the CCS is optional when industry practice uses different terms and conditions.

Useful documents

Information about the panel

Information for entities

Contact details

lspanel@ag.gov.au

Related websites

Legal Services Panel Portal