Federal Register of Legislation - Australian Government

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Legal Services Directions 2017

Authoritative Version
  • - F2017L00369
  • In force - Superseded Version
  • View Series
Directions/Other as made
This instrument remakes the Legal Services Directions 2005 which sunset on 1 April 2017.
Administered by: Attorney-General's
Registered 31 Mar 2017
Tabling HistoryDate
Tabled HR09-May-2017
Tabled Senate09-May-2017
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
16-Aug-2017
Expiry Date:
14-Nov-2017
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
19-Oct-2017
Resolution Time:
Provisions:

Legal Services Directions 2017

SUPPLEMENTARY EXPLANATORY STATEMENT

Issued by the Attorney‑General
under section 55ZF of the Judiciary Act 1903

 

INTRODUCTION

The Attorney-General has power under section 55ZG of the Judiciary Act 1903 (Judiciary Act), to enforce compliance with a legal services direction issued by him/her under section 55ZF of the Judiciary Act.

The Attorney-General may under paragraph 14 of the Legal Services Directions 2017 (the Directions), impose sanctions for non-compliance with the Directions.

OUTLINE

This Supplementary Explanatory Statement outlines the Attorney-General’s power to issue sanctions to enforce compliance with the Directions.

The legislative provisions of the Judiciary Act that grant the power to the Attorney-General to issue directions limit such a direction to the performance of Commonwealth legal work. This limitation also applies to the Attorney-General’s power to enforce compliance including his power to issue sanctions under the Directions.

The note to paragraph 14.1 of the Directions refers a reader to the Compliance Framework (the framework) published by the Office of Legal Services Coordination. The framework states that the Attorney-General can issue a direction under section 55ZF(1)(b) of the Judiciary Act enforcing and/or directing compliance with the Directions, or to address a risk not adequately addressed by the Directions. The framework further states that a direction would only be made where there is no other more effective means of addressing the identified risk to the Commonwealth and that the issuing of such a direction is likely to be exceptional.