The Australian Government Solicitor provides legal services to the Commonwealth.

Under the Judiciary Act 1903 (Commonwealth) [55K and 55N (2)] the Australian Government Solicitor may also provide legal and related services to a State or Territory government body if a request is received from the executive government of the relevant State or Territory.

The Australian Government Solicitor is subject to Legal Services Directions issued by the Commonwealth Attorney-General [Judiciary Act 1903 (Commonwealth) s55ZF(1)]. These Directions are a set of binding rules issued by the Attorney-General about the performance of legal work for the Commonwealth.

Should the Australian Government Solicitor act for a NSW Government agency in a particular matter then the Australian Government Solicitor and the State agency, as a client of the Australian Government Solicitor, must comply with any Legal Services Directions issued by the Commonwealth Attorney-General.

This clearly has the potential for a conflict of interest to arise, particularly where the interests of the Commonwealth and the State might differ in relation to a legal matter.

In order for NSW Government agencies to avoid situations where a conflict of interest may arise and in order to ensure that the necessary procedural requirements for engaging the Australian Government Solicitor are met, the written approval of the Director-General of the Attorney General's Department should be obtained by a NSW Government agency before the agency decides to retain the Australian Government Solicitor for legal services.

Any queries relating to the requirement to obtain the Director-General's approval should be directed to the Director of Legal Management Services in the Attorney General's Department on 9228 8433.

Bob Carr MP
Premier