The Government will review and redraft aspects of the Legal Services Directions 2017 with a view to ensuring the Directions are fit-for-purpose in supporting agencies to undertake Commonwealth legal work and manage legal risk in an effective, consistent and whole-of-Commonwealth manner.
The Attorney-General's Department will lead implementation of this recommendation.
The OLSC should provide more extensive information and feedback to assist agencies with the significant legal issues process.
The Government accepts this recommendation.
The Government recognises the important function that the Office of Legal Services Coordination performs for the APS and supports the provision of any guidance that would further strengthen the reporting of significant legal issues.
The significant issues reporting and settlement regime in the Legal Services Directions 2017 allows the Attorney-General as First Law Officer to have visibility of, and the ability to influence, key legal matters across the Commonwealth. The Attorney-General's Department will review its practices to provide improved guidance and support to better enable agencies to identify significant issues arising in their legal work, and to provide the relevant information at the appropriate time to support the Attorney-General perform the functions of the First Law Officer.
The Government is providing $5.2 million over the forward estimates and $1.1 million per year, ongoing, including additional ongoing staff for the Attorney-General's Department, to provide improved support and guidance on the significant legal issues regime.
The OLSC should ensure a documentary record is made of substantive inquiries made with and responses given by agencies concerning their obligations to report significant issues pursuant to para 3.1 of the Directions.
The Government accepts this recommendation.
The Attorney-General's Department will build on existing work to ensure it has appropriate processes to document and record all inquiries with agencies on whether a legal issue is required to be reported.
