Guidance Note 16 – Considering pro-bono work when selecting external legal services providers
Legal Services Directions
This guidance note is to be read in conjunction with Part 8 in the Legal Services Directions 2025 (Directions) and pro bono requirements under the Head Agreement for the Whole of Australian Government Legal Services Panel (Panel).
This guidance note covers:
- the obligation to consider pro-bono performance when selecting a Panel or non-Panel provider for external legal services, and
- information and guidance to assist entities to consider pro-bono performance when selecting a Panel or non-Panel provider.
The obligation to consider pro bono work
1. Under section 84 of the Directions an entity (as defined in section 7 of the Directions) or a corporate Commonwealth entity (CCE) that is not a government business enterprise, must take the following matters into account in deciding whether to use a particular external legal services provider (LSP) to undertake Commonwealth legal work:
- the amount and kind of pro bono legal work the LSP has undertaken or will undertake, and
- whether the LSP has signed up to the National Pro Bono Target of the Australian Pro Bono Centre (APBC).1
2. The definition of pro bono legal work in the Directions has same meaning as “pro bono legal services” in the Australian Pro Bono Manual: A practice guide and resource kit for law firms published by the APBC. The manual is available on the APBC’s website.
3. The obligation to consider pro bono performance applies when selecting an LSP from the Panel and when choosing an LSP other than from the Panel (often referred to as a non-Panel provider – this will either be through the Panel’s flexibility mechanisms or for entities that are not obliged but opt in to use the Panel).
4. This obligation does not extend to the engagement of government legal services providers such as the Australian Government Solicitor, Office of Parliamentary Counsel or Office of International Law. These government legal services providers do not participate in the Panel arrangement but provide services to complement the Panel. Government to government legal services do not have the same value for money considerations as Panel LSPs and can be sourced directly without adhering to the terms of the Panel Head Agreement.
Considering the amount and kind of pro bono legal work
5. The obligation in section 84 of the Directions is intended to be a ‘best endeavours’ obligation, with entities to consider the amount and kind of pro bono performance wherever possible, without prejudicing the Commonwealth’s legal interests when selecting an LSP.
6. It remains important that a selected LSP can provide the required legal services to an appropriate standard and that the engagement represents value for money. An LSP’s pro bono performance is to be considered as part of decision-making, with the balancing of considerations remaining a matter for entities’ judgement. Evaluating pro bono performance may include consideration of:
- an LSP’s commitment and ability to achieve the APBC target, and
- the type and kind of pro bono activities undertaken.
7. Entities are ultimately best placed to assess the individual circumstances of each engagement and the factors that are relevant to the engagement (e.g. the appropriateness of engaging an external LSP, the capability of the LSP to provide the required services and/or whether the engagement constitutes overall value for money).
8. Entities are encouraged to engage directly with Panel and non-Panel LSPs to seek information, as needed, to inform and satisfy an entity’s consideration of the LSP’s pro bono performance. Information to support an entity’s consideration of a LSP’s pro bono performance is also available from the Office of Legal Services Coordination (OLSC), including annual publication on the Legal Services Panel Portal (Portal) of verified pro bono information provided by LSPs.
9. Where an entity wishes to place an emphasis on an LSP to achieve and use their best endeavours to exceed the APBC target, an entity can add this stipulation into any request for quote or an Order issued to a Panel LSP.
10. Where an entity is engaging off-Panel under a flexibility mechanism, or in the case of a CCE that has not signed up to participate in the Panel, it is incumbent on the entity to make genuine enquiries of LSPs to obtain information about the type and kind of pro bono work undertaken, and the total firm hours and average hours per lawyer of pro bono work undertaken in the most recent reporting period in order to satisfy the requirements under the Directions.
Amount of pro bono work
11. The ‘amount’ of pro bono work refers to the number of hours of pro bono legal work that a LSP reports is undertaken by its lawyers and is reported using an average, based on the number of lawyers employed by the LSP along with the total hours of pro bono work undertaken by the LSP in the reporting period.
12. When an entity is considering the amount of pro bono work undertaken by a LSP, entities should avoid unfair comparisons based on the LSPs size, location or Area of Law in which they are appointed, consistent with the Commonwealth Procurement Rules.2
13. The hours of pro bono worked and seniority of lawyers undertaking pro bono work is available via the Panel Portal.
14. Additionally, the Office of Legal Services Coordination (OLSC) publishes statistics on the pro bono legal work undertaken by each Panel firm for each financial year in the Legal Services Expenditure Report (available on the Attorney-General’s Department website).
15. OLSC does not, except when annual pro bono reports have been received from Panel LSPs and prior to publication, have greater visibility than any other Commonwealth entity of a LSP’s pro bono performance.
Kind of pro bono work
16. The word ‘kind’ in section 84 provides flexibility for entities in how they consider which LSP they choose to use, noting entities may have different things they wish to take into account. For example, an entity might focus on an LSP’s pro bono performance and expertise on indigenous issues.
17. Another example may be an entity choosing to favour LSPs who have senior lawyers undertaking pro bono legal work. Data about pro bono work will show the classification or ‘level’ of lawyer at which pro bono legal work is undertaken. This data will be made available annually to entities as part of reporting under the Panel.
Where can I get further help?
18. If you have any questions about pro-bono requirements when selecting external legal services providers, please contact OLSC at olsc@ag.gov.au.
Office of Legal Services Coordination
Phone: 02 6141 3642
E-mail: olsc@ag.gov.au
Issued: March 2026
This guidance material is of a general nature only and does not convey or contain legal advice.
Endnotes
1 Information about the National Pro Bono Target was, in 2025, available on the Australian Pro Bono Centre’s website.
2 See Department of Finance - Commonwealth Procurement Rules - 17 November 2025.