Premier

Type:
Premier's Memorandum
Identifier:
Status:
Active

M2016-04-NSW Government Core Legal Work Guidelines

Description

Clearer guidelines have been developed for identifying the types of legal matters that are regarded as 'core legal work', and therefore that must be referred to the NSW Crown Solicitor.

Function and Subject

Legal Services (1)
Advice, Litigation

Detailed Outline

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 Office of General Counsel, Department of Justice on (02) 8346 1388 or by email: enquiries_generalcounsel@justice.nsw.gov.au

Overview

Who needs to know and/or comply with this?

Departments
Executive agencies related to Departments
Advisory Entities (including Boards and Committees)
Separate agencies
Statutory Authorities/Bodies

AR Details

Date Issued
Jul 1, 2016
Review Date
Jul 30, 2024
Replaces
Replaced By

Contacts

Contact
Contact_us@dpc.nsw.gov.au
Phone
(02) 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Premier