The Attorney-General's Department, in consultation with the AGLS Board and General Counsel, will review and update the General Counsel Charter in light of the recommendations and observations of the Royal Commission.
The revised Bilateral Management Agreement should set out the requirement to consult on and disclose legal advices between the two agencies where any intersection of work is identified.
The Government accepts this recommendation.
In April 2023, the Secretary of the Department of Social Services and the Chief Executive Officer of Services Australia executed a new Head Agreement to support the Bilateral Management Arrangement. Under that agreement both committed to reviewing all Protocols, Service Arrangements and Service Schedules entered into under the former Head Agreement.
Work is underway by both agencies to include the requirement to consult on and disclose relevant legal advices in an updated Protocol. In conjunction, Chief Counsels within the social services portfolio have updated the advice-sharing arrangements agreed in 2021. Chief Counsels also have regular dialogue on significant legal issues and portfolio-level responses, including through a regular Chief Counsel Forum.
Services Australia should put in place a system for identifying AAT cases which raise significant legal and policy issues and ensuring that they are brought to the attention of senior DSS and Services Australia officers.
The Government accepts this recommendation.
The Government recognises the importance of this recommendation and supports the work underway within the Department of Social Services (DSS) and Services Australia to strengthen their processes and ensure greater transparency in the reporting of information relating to Administrative Appeals Tribunal (AAT) cases to senior officers of both agencies.
Services Australia and DSS legal areas are updating their Standing Operational Statement which prescribes arrangements to ensure matters which raise significant legal and policy issues are brought to the attention of senior officials, and are also raised with the Office of Legal Services Coordination when required.
Services Australia will also review any revised settings and approaches required, including systems implementation, to support the establishment of the new federal administrative review body, and its procedures, once established.
