The Model Litigant Policy applies to civil claims and civil litigation involving the State or its agencies. Compliance with the Model Litigant Policy is primarily the responsibility of the Head of each individual agency in consultation with the agency’s principal legal officer. The Model Litigant Policy is founded upon the concepts of behaving ethically, fairly and honestly to model best practice in litigation.

The Model Litigant Policy is complemented by the Guiding Principles which apply to all Government agencies dealing with civil claims involving child abuse. The Guiding Principles seek to make litigation a less traumatic experience for victims and ensure a compassionate and consistent approach across NSW Government when dealing with civil claims for child abuse.

The Policy is not expressed to apply to State Owned Corporations. However, as the Policy provides a sound approach to the management of litigation and disputes, I urge share-holding Ministers and Boards of State Owned Corporations to agree to adopt the Policy by incorporating it into their Statements of Corporate Intent. This Memorandum should therefore be forwarded to all State Owned Corporations for their consideration.

For information and assistance contact Department of Communities and Justice Legal, (02) 8346 1388 or by email at [email protected].