Services Australia should provide regular training to its in-house lawyers on the core duties and responsibilities set out in the Legal Practice Standards, including:
- an emphasis on the duty to avoid any compromise to their integrity and professional independence and the challenges that may be presented to a government lawyer in fulfilling that obligation.
- appropriate statutory and case authority references in advice writing.
The Government accepts this recommendation.
The Government recognises the importance of providing training and development to its in-house legal officers, to ensure that they are able to deliver services in line with Legal Practice Standards.
Services Australia legal staff are subject to Legal Practice Directions issued by the Chief Counsel which set out the obligations and requirements of agency legal staff, including a requirement to undertake regular training. In addition, performance agreements for all Services Australia legal staff will require staff to comply with the Legal Practice Directions.
Services Australia has also engaged with the Department of Social Services and other agencies within the Social Services portfolio on shared training for legal staff across the social services portfolio. Areas in focus include training on legal ethics, obligations of in-house lawyers and principles of advice writing. This training is additional to the obligations of in-house lawyers to complete mandatory Continuing Legal Education (CLE) to maintain their practising certificates.
DSS should develop Legal Practice Standards which set out the core duties and responsibilities of all legal officers working at DSS.
The Government accepts this recommendation.
The Government recognises the importance of having clear Legal Practice Standards in place that outline the core duties and responsibilities of in-house government lawyers.
The Department of Social Services (DSS) has developed a new package of legal practice governance documents, which include updates to the Legal Practice Manual issued by the Chief Counsel that set out the core duties and responsibilities of all legal officers working at DSS. Compliance with these duties and obligations will be included in the performance agreements for all legal staff.
