Legal System Publications

Office of Legal Services Coordination - Guidance Note 2: Tied legal work involves categories of Commonwealth legal work that can only be handled by specific legal services providers or entities. The tied work rules apply to all legal services provided for and on behalf of the Commonwealth.

Office of Legal Services Coordination - Guidance Note 3: the Legal Services Directions promote consultation, collaboration and information sharing across government on the interpretation of legislation. By consulting on requests and sharing legal advice, entities maximise efficiencies, minimise duplication and reduce the potential for inconsistent advice and action on legal issues across the Commonwealth.

Office of Legal Services Coordination - Guidance Note 5: Entities must report to OLSC on significant issues that arise in Commonwealth legal work, including in relation to handling of claims, provision of advice, litigation and involvement in dispute management.

Office of Legal Services Coordination - Guidance Note 6: Under section 36 of the Legal Services Directions, an entity must seek the approval of the Attorney-General to settle a claim or litigation reported as significant.

Office of Legal Services Coordination - Guidance Note 9: This guidance note is to be read in conjunction with the Department of the Prime Minister and Cabinet’s Guidance on Caretaker Conventions.

Office of Legal Services Coordination - Guidance Note 8: Entities are obliged to consider alternatives to litigation including using Alternative Dispute Resolution (ADR) processes. This guidance note also includes information about choosing an ADR process and ADR practitioner.

Office of Legal Services Coordination - Guidance Note 10: Commonwealth entities are to be mindful of the potential trauma that survivors of institutional child sexual abuse may experience during the claims and litigation process.

Office of Legal Services Coordination - Guidance Note 7: A Commonwealth agency is obliged to ‘use its best endeavours to assist the tribunal to make its decision’. What does this mean?

Office of Legal Services Coordination - Guidance Note 4: The Attorney-General and Attorney-General’s Department are responsible for constitutional law under the Administrative Arrangements Order. Section 32 is to ensure that the Attorney-General’s Department is aware of advice and requests for advice about constitutional law issues.

Office of Legal Services Coordination - Guidance Note 17: guidance on applying the framework for entities to provide financial assistance to current and former entity employees, current and former accountable authorities and statutory office-holders of entities, and persons currently or formerly employed as a member of a Minister’s staff under the Members of Parliament (Staff) Act 1984.

Office of Legal Services Coordination - Guidance Note 13: Entities are obliged to seek the approval of the Attorney-General (or their delegate) when objecting to the jurisdiction of state and territory courts, or when submitting or objecting to the exercise of compulsory powers, or decision-making powers, by a state or territory body.

Office of Legal Services Coordination - Guidance Note 14: entities have obligations when settling monetary claims. This includes monetary claims reported as significant and claims brought by or against a person to which Part 9 of the Legal Services Directions applies (Assistance to eligible Commonwealth employees and officials in legal proceedings etc).

Office of Legal Services Coordination - Guidance Note 18: Office of Legal Services Coordination - Guidance Note 18: Under the Legal Services Directions, Commonwealth agencies have various obligations, including an obligation to act as a model litigant.

Office of Legal Services Coordination - Guidance Note 19: What does ‘receive service on behalf of the Commonwealth’ mean and how does an appointment under section 63 of the Judiciary Act work?

Office of Legal Services Coordination - Guidance Note 16: information to support entities in considering pro bono performance when selecting external legal services providers.

Office of Legal Services Coordination - Guidance Note 12: Practical guidelines for corporate Commonwealth entities (CCEs) when a constitutional issue emerges in litigation to which it is a party. These guidelines will help CCEs comply with obligations under section 50 of the Legal Services Directions.

Office of Legal Services Coordination - Guidance Note 11: Accountable authorities of non-corporate Commonwealth entities are obliged to actively pursue debts.

Office of Legal Services Coordination Guidance Note 20: information to help Commonwealth agencies when briefing the Solicitor-General.

Commonwealth agencies must obtain the approval of the Attorney General (or their delegate) prior to objecting to the jurisdiction of a State or Territory court or submitting or objecting to the exercise of compulsory or decision-making powers by a State or Territory body that is not a court within Chapter III of the Constitution.

Non-corporate Commonwealth entities can apply to have a non-tied provider undertake tied legal work.