The purpose of this memorandum is to issue the attached guidelines for the provision of ex gratia legal assistance for Ministers, public officials and Crown employees. The attached guidelines consolidate all previous guidelines issued in relation to the provision of ex gratia legal assistance, and, accordingly, replace those earlier guidelines.

The attached guidelines describe the circumstances in which an application for ex gratia legal assistance may be made, the procedures that must be followed and the level of fees that may be paid to the legal representatives of applicants in these matters.

I wish to emphasise that the assistance which may be provided is ex gratia, or discretionary, in nature and will not be provided as of right. The Attorney General’s administration will continue to have administrative responsibility for the provision of ex gratia legal assistance and will be responsible for assessing the merits of each case and determining whether such assistance should be granted. Accordingly, any inquiries regarding the ex gratia assistance scheme should be made to the Attorney General’s Department and the relevant contact details are on page 5 of the attached guidelines.

Would you please ensure that these guidelines are brought to the attention of all departments and other authorities, including Government Trading Enterprises, within your portfolio.

Bob Carr
Premier