The OLSC should issue guidance material on the obligations to consult on and disclose advice in clause 10 of the Legal Services Directions 2017.
The Government accepts this recommendation.
The Government recognises the important function that the Office of Legal Services Coordination performs for the Australian Public Service and supports the provision of any guidance that would further strengthen the reporting of significant legal issues. The Attorney-General's Department will develop new guidance material to support agencies' understanding of and compliance with the obligations in paragraph 10 of the Legal Services Directions 2017 on the consultation on and sharing of legal advices.
The OLSC should be properly resourced to deliver these functions.
The Government accepts this recommendation.
The Government recognises the important function that the Office of Legal Services Coordination performs for the Australian Public Service and that it be properly resourced. The Office of Legal Services Coordination in the Attorney-General's Department performs a critical function in supporting the Attorney-General as First Law Officer in having overarching responsibility for all Commonwealth legal work, and supporting agencies to manage legal risk in a collaborative and whole-of-Commonwealth manner. The Government will ensure that OLSC is adequately resourced to perform its functions, which will enable it to provide the support necessary for agencies to manage legal issues effectively.
The Australian Government Legal Service's General Counsel Charter be amended to place a positive obligation on chief counsel to ensure that the Legal Services Directions 2017 (Cth) are complied with and to document interactions with OLSC about inquiries made, and responses given, concerning reporting obligations under those Directions.
The Government accepts this recommendation.
The Government recognises that the General Counsel or Chief Counsel in a government agency plays an important role in the management of Commonwealth legal risk. The General Counsel Charter, established in January 2022, establishes a set of common expectations for General Counsel, and creates a relationship between General Counsel and the Attorney-General's Department Secretary as the head of the Australian Government Legal Service (AGLS).
