Guidance Note 4 – Advice on constitutional law matters

This guidance note covers:

• entities’ obligation to share requests for legal advice on a constitutional law issue with the Attorney General’s Department (AGD)
• the Australian Government Solicitor’s (AGS) obligation to share copies of any final advice to entities on a constitutional law issue with AGD, and
• circumstances where the Solicitor-General should be consulted on a request for advice.

1. Subsection 32(1) of the Legal Services Directions 2025 (Directions) requires non-corporate Commonwealth entities and prescribed corporate Commonwealth entities¹ to provide a copy of a request for legal advice on a constitutional law issue, either from AGS or counsel briefed by AGS, to AGD. 

2. Subsection 32(2) requires AGS to give a copy of any final advice given in response to a request under subsection 32(1) on a constitutional law issue to AGD and make it available to the Solicitor General. 

Requirements under section 32

3. The Attorney-General and AGD are responsible for constitutional law under the Administrative Arrangements Order. Section 32 is intended to ensure that AGD is aware of requests for advice, and advice that is given, about constitutional law issues. This enables AGD to coordinate requests for advice across entities where appropriate and avoid unnecessary duplication. It also ensures the Attorney General, the Solicitor-General and AGD have timely access to advice from AGS, and counsel briefed by AGS, on constitutional law issues.

Compliance with obligations

4. Entities must send a copy of written requests for constitutional law advice, or written confirmation of an oral request, to AGD by emailing AGD.conrequests@ag.gov.au at the same time as the request or written confirmation is sent to AGS. 

5. If your entity becomes aware that a matter involves a constitutional law issue after you have requested advice, please bring this to the attention of AGD as soon as possible via the e mail address: AGD.conrequests@ag.gov.au.

6. AGS must provide a copy of any final advice on a constitutional law issue to AGD by forwarding it to AGD.conadvice@ag.gov.au at the same time as the final advice is given to the entity. 

7. For constitutional law advice requests or advice classified SECRET, send a copy of the request or advice to one of the following SECRET addresses: 

• AG_Conrequests@ag.gov.au (for requests)
• AG_Conadvice@ag.gov.au (for copies of advice). 

8. For a request or advice that is classified above SECRET, please notify AGD using the appropriate SECRET address without disclosing information about the content of the request or advice.

Consulting the Solicitor-General

9. The note to subsection 32(1) states that AGD or AGS may consult with the Solicitor General about whether the advice should be given by the Solicitor General or AGS. The Secretary of AGD may require advice to be provided by the Solicitor General rather than AGS. Generally, only very complex or otherwise significant requests for advice would be dealt with by the Solicitor General.

Legal professional privilege

10. The requirements in section 32 do not affect legal professional privilege in relation to requests for advice or actual advice (see also section 55ZH of the Judiciary Act 1903).

Where can I get further help?

11. If you have any questions about this guidance note, please contact the Office of Legal Services Coordination (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 See section 7 of the Legal Services Directions 2025.