As First Law Officer of the State, the Attorney General is responsible for ensuring the Government receives effective legal
advice and representation. The Government must ensure that Senior Counsel are selected on merit and engaged at the
most appropriate rate of remuneration.
The Attorney General is responsible for confirming that Senior Counsel is required for a particular matter, approving the
proposed Senior Counsel and approving the appropriate rate of remuneration. It is a requirement for all government
agencies to obtain approval from the Attorney General prior to briefing Senior Counsel, including for representation in
proceedings and in advice matters. Approval is to be obtained prior to engaging any Senior Counsel.
In matters where the Crown Solicitor is acting for an agency, the Crown Solicitor will negotiate an appropriate level of
remuneration and make a submission to the Attorney General as a matter of course. Where the Crown Solicitor is not
acting for an agency, approval is required from the Attorney General as to the appropriateness of briefing Senior Counsel
and the level of remuneration to be paid.
All requests to the Attorney General to brief Senior Counsel must be in writing and submitted in a timely manner.
The submission should include the following information:
Approval is to be sought as far as possible in advance of the scheduled date for the delivery of a brief to Senior Counsel. In considering a request to brief Senior Counsel, the following factors will be taken into account:
Written requests should be forwarded to:
Office of General Counsel
Department of Justice
GPO Box 6 SYDNEY NSW 2001
DX 1227 SYDNEY
Fax: (02) 8346 1804
Where approval is required urgently, contact should be made with the Office of General Counsel in the Department of
Justice on phone number (02) 8346 1388. The Office of General Counsel will endeavour to expedite the process.
Equitable Briefing of Barristers
The Attorney General is responsible for monitoring compliance with the NSW Government Equitable Briefing Policy for
Women Barristers (attached). The Attorney General has released this revised Equitable Briefing Policy with effect from 1
In selecting barristers, NSW Government sector agencies are required to make all reasonable and genuine endeavours to
identify women barristers in the relevant practice area, and to engage women barristers.
In selecting barristers each agency is to take all reasonable efforts to:
Each agency that briefs barristers should regularly monitor and review its progress towards meeting the above targets.
At the end of each financial year, each briefing agency is to prepare a confidential report for that financial year, for
submission to the Office of the General Counsel, Department of Justice. The report is due by 31 October each year, and
must outline, in respect of the agency: