Although Government agencies are able to procure legal services from the private sector in respect of certain matters arising within their administration, arrangements have long been in place to ensure that the core legal work of Government is referred to the Crown Solicitor to be managed in a consistent and co-ordinated way.

Core legal work that is referred by General Government Sector agencies to the Crown Solicitor is generally paid for from a fund centrally administered by the Secretary of the Department of Justice (the Attorney General’s Legal Fund).

The NSW Government Core Legal Work Guidelines (the Guidelines) have been prepared to help agencies identify and manage core legal work. The Guidelines have been developed in consultation with agencies and provide guidance on:

• what constitutes core legal work;

• the types of legal matters that are regarded as core legal work;

• who pays for core legal work; and

• the circumstances in which core legal work may be performed by private sector legal practitioners.

Agencies must refer core legal work to the Crown Solicitor in accordance with the Guidelines. The Crown Solicitor is also able to be engaged by agencies for legal matters that are not core legal work, although this work will not be funded from the Attorney General’s Legal Fund.

The Guidelines apply to all NSW government agencies, excluding entities incorporated under the State Owned Corporations Act 1989.

For information and assistance regarding core legal work or the Guidelines, contact Department of Communities and Justice Legal on (02) 8346 1388 or by email at [email protected].