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Legal Services Directions 2005
No longer in force
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Administered by
Attorney-General's Department
This item is authorised by the following title:
Judiciary Act 1903
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F2015C00533
01 July 2015
-
09 March 2016
This instrument was issued on 29 December 2005.
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Table of contents
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1 Name of instrument
2 Commencement
3 Repeal of previous instrument
4 Schedule 1
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Schedule—Legal Services Directions
Part 1—Non corporate Commonwealth entities
1 Arrangements for legal services
2 Tied work
3 Reporting on significant issues
4 Claims and litigation by or against the Commonwealth or non corporate Commonwealth entities
5 Use of in house lawyers for court litigation
6 Engagement of counsel
7 Public interest immunity
8 Reliance on limitation periods
9 Assistance to Commonwealth employees in legal proceedings
9A Procurement of legal service providers
10 Sharing of advice within Government
10A Advice on constitutional law matters
11 Entity responsibility
Part 2—Extended and modified application of the Directions
11A Third parties
12 Extended application of Directions to other bodies or persons
12A Obligations of persons appointed under section 63 of the Judiciary Act 1903 to receive service
13 Exemptions from complying with Directions
Part 3—Sanctions for non compliance
14 Sanctions for non Compliance
Part 4—Dictionary
15 Dictionary
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Appendix A—Tied areas of Commonwealth legal work
Categories of tied work
Public international law work
Drafting work
Meaning of ‘tied work’ and ‘tied provider’
Providers other than tied providers may be approved to do tied work
Briefing counsel and other legal experts
Categories of work not covered by the tied work rules
Public international law work – further rules
When to consult with the Office of International Law
Non tied providers doing tied work are to provide copies of opinions to OLSC
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Appendix B—The Commonwealth’s obligation to act as a model litigant
The obligation
Nature of the obligation
Merits review proceedings
Alternative dispute resolution
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Appendix C—Handling monetary claims
Criteria for settlement
Release
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Appendix D—Engagement of counsel
Application
Bankruptcy
Rules about selection of counsel
Fees payable to counsel
Approval
Other matters
Administration of the policy
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Appendix E—Assistance to Commonwealth employees for legal proceedings
Application
General policy
Criteria for assistance
Basis for approving indemnification of employees against costs or damages
Level of assistance
Inquests and inquiries
Assistance to employees for subpoenas
Assistance to employees as plaintiffs
Who makes the decision to assist
Legal representation
Sensitive and exceptional cases
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Appendix F—Procurement of Commonwealth legal work
1 Definitions for Appendix F
2 Meaning of pro bono legal work
3 Commonwealth entities may use only approved providers
4 Use of LSMUL by approved Commonwealth companies and approved government business enterprises
5 Matters to be taken into account in selecting external legal services providers
6 Reporting on Commonwealth legal work undertaken by external legal services providers
7 OLSC must publish reports on LSMUL
8 Commonwealth agencies must provide assistance
9 Providers must report to OLSC each year
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This instrument was issued on 29 December 2005.