Services Australia legal officers whose duties involve the preparation of advices in relation to AAT decisions should receive training which emphasises the requirements of the Standing Operational Statements in relation to appeal recommendations and referral to DSS; Services Australia's obligations as a model litigant; and the obligation to pay due regard to AAT decisions and directions.
The Government accepts this recommendation.
The Government recognises the importance of providing training and development to legal officers, to ensure that they are able to deliver services in line with the Commonwealth model litigant obligations.
The Australian Government Legal Service (AGLS) is the overarching, formal professional network for government lawyers. The AGLS supports coherent and consistent legal services across the Commonwealth and provides a professional network for collaboration including on training modules and legal standards. In addition, the Statement of Expectations of Australian Government Lawyers sets out the expectations of government lawyers and provides guidance for government lawyers in fulfilling their duties in a government context.[1]
Services Australia will update its training packages and provide specific training to lawyers within the Litigation Branch on the Model Litigant Obligations under the Legal Services Directions 2017, as well as the Standing Operational Statement with the Department of Social Services (DSS).
DSS has also engaged with Services Australia and other agencies within the social services portfolio regarding the opportunities for shared training for legal staff across the social services portfolio. The initial focus of discussion will be for training in areas of legal ethics, obligations of in-house lawyers and principles of advice writing. In addition, all in-house lawyers admitted to practice are required to complete mandatory Continuing Legal Education and provide monthly reports of active significant matters.
DSS should establish, or if it is established, maintain, a system for identifying all significant AAT decisions and bringing them to the attention of its secretary.
The Government accepts this recommendation.
The Government recognises the importance of this recommendation and supports the work presently underway within the Department of Social Service (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.
- ↑ Statement of expectations of Australian Government lawyers. February 2022.
