sec.12Meaning of government legal officer and engaged in government work and related matters

### sec.12 Meaning of government legal officer and engaged in government work and related matters A government legal officer is a person whose employment or appointment in any of the following includes or may include engaging in legal practice— a department of this jurisdiction, the commission, or an agency prescribed under a regulation; Under the Public Sector Act 2022 , section 274 , this Act applies to a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) and its employees as if the entity were a department. a department of government of the Commonwealth; a department of government of another jurisdiction; an agency of another jurisdiction if, under a corresponding law of that jurisdiction, a person engaging in legal practice for the agency is exempted from holding a practising certificate or otherwise does not require a practising certificate. A government legal officer is engaged in government work when the government legal officer is engaged in legal practice in the course of the officer’s duties for the entity in relation to which the person is an employee or appointee. A public service officer employed by the Department of Justice and Attorney-General is engaged in legal practice at the Department of Education. The officer’s duties for the Department of Justice and Attorney-General while working at the Department of Education include providing advice to that department as a client of the Department of Justice and Attorney-General. For an agency prescribed for subsection (1) (a) , a regulation may state activities that are, or are not, government work. If a provision under this Act does not apply to a government legal officer engaged in government work, the provision applies to the person who is the government legal officer if the person is engaging in legal practice other than being engaged in government work. If a government legal officer holds a practising certificate from the bar association, a condition of the barrister’s practising certificate about only practising as a barrister does not apply to the government legal officer to the extent that the government legal officer practises as a solicitor as part of engaging in government work. A government legal officer who is an Australian lawyer does not have any fewer rights, privileges, protections or immunities than an Australian lawyer who is not a government legal officer. A government legal officer who is not an Australian lawyer is subject to the same limitations and obligations to which a government legal officer who is an Australian lawyer is subject. The provisions of this Act about the fidelity fund do not apply to a government legal officer in his or her capacity as a government legal officer engaged in government work even if the government legal officer is the holder of a practising certificate. A government legal officer who is an Australian lawyer but does not hold a current local practising certificate may— if the officer was admitted to the legal profession as a barrister before 1 July 2004 or engages in government work in the manner of a barrister—call himself or herself a barrister or another term that describes the way the officer engages in government work; or if the officer was admitted to the legal profession as a solicitor before 1 July 2004 or engages in government work in the manner of a solicitor—call himself or herself a solicitor or another term that describes the way the officer engages in government work. Without limiting another subsection, if under an Act an Australian lawyer is allowed to witness a document even though the lawyer does not hold a current local practising certificate— nothing in this section prevents a government legal officer who is an Australian lawyer but does not hold a current local practising certificate from witnessing the document; and when witnessing the document, the government legal officer may include a description or title that is correct at the time, including, for example— the title of lawyer or Australian lawyer; or another title involving the government legal officer’s employment or appointment as mentioned subsection (1) . For a person whose employment or appointment in a department of government of the Commonwealth includes or may include engaging in legal practice as mentioned in subsection (1) (b) , this Act is subject to the Judiciary Act 1903 (Cwlth) . s 12 amd 2017 No. 17 s 158 ; 2022 No. 34 s 365 sch 3 (sec.12-ssec.1) A government legal officer is a person whose employment or appointment in any of the following includes or may include engaging in legal practice— a department of this jurisdiction, the commission, or an agency prescribed under a regulation; Under the Public Sector Act 2022 , section 274 , this Act applies to a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) and its employees as if the entity were a department. a department of government of the Commonwealth; a department of government of another jurisdiction; an agency of another jurisdiction if, under a corresponding law of that jurisdiction, a person engaging in legal practice for the agency is exempted from holding a practising certificate or otherwise does not require a practising certificate. (sec.12-ssec.2) A government legal officer is engaged in government work when the government legal officer is engaged in legal practice in the course of the officer’s duties for the entity in relation to which the person is an employee or appointee. A public service officer employed by the Department of Justice and Attorney-General is engaged in legal practice at the Department of Education. The officer’s duties for the Department of Justice and Attorney-General while working at the Department of Education include providing advice to that department as a client of the Department of Justice and Attorney-General. (sec.12-ssec.3) For an agency prescribed for subsection (1) (a) , a regulation may state activities that are, or are not, government work. (sec.12-ssec.4) If a provision under this Act does not apply to a government legal officer engaged in government work, the provision applies to the person who is the government legal officer if the person is engaging in legal practice other than being engaged in government work. (sec.12-ssec.5) If a government legal officer holds a practising certificate from the bar association, a condition of the barrister’s practising certificate about only practising as a barrister does not apply to the government legal officer to the extent that the government legal officer practises as a solicitor as part of engaging in government work. (sec.12-ssec.6) A government legal officer who is an Australian lawyer does not have any fewer rights, privileges, protections or immunities than an Australian lawyer who is not a government legal officer. (sec.12-ssec.7) A government legal officer who is not an Australian lawyer is subject to the same limitations and obligations to which a government legal officer who is an Australian lawyer is subject. (sec.12-ssec.8) The provisions of this Act about the fidelity fund do not apply to a government legal officer in his or her capacity as a government legal officer engaged in government work even if the government legal officer is the holder of a practising certificate. (sec.12-ssec.9) A government legal officer who is an Australian lawyer but does not hold a current local practising certificate may— if the officer was admitted to the legal profession as a barrister before 1 July 2004 or engages in government work in the manner of a barrister—call himself or herself a barrister or another term that describes the way the officer engages in government work; or if the officer was admitted to the legal profession as a solicitor before 1 July 2004 or engages in government work in the manner of a solicitor—call himself or herself a solicitor or another term that describes the way the officer engages in government work. (sec.12-ssec.10) Without limiting another subsection, if under an Act an Australian lawyer is allowed to witness a document even though the lawyer does not hold a current local practising certificate— nothing in this section prevents a government legal officer who is an Australian lawyer but does not hold a current local practising certificate from witnessing the document; and when witnessing the document, the government legal officer may include a description or title that is correct at the time, including, for example— the title of lawyer or Australian lawyer; or another title involving the government legal officer’s employment or appointment as mentioned subsection (1) . (sec.12-ssec.11) For a person whose employment or appointment in a department of government of the Commonwealth includes or may include engaging in legal practice as mentioned in subsection (1) (b) , this Act is subject to the Judiciary Act 1903 (Cwlth) . - (a) a department of this jurisdiction, the commission, or an agency prescribed under a regulation; Note— Under the Public Sector Act 2022 , section 274 , this Act applies to a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) and its employees as if the entity were a department. - (b) a department of government of the Commonwealth; - (c) a department of government of another jurisdiction; - (d) an agency of another jurisdiction if, under a corresponding law of that jurisdiction, a person engaging in legal practice for the agency is exempted from holding a practising certificate or otherwise does not require a practising certificate. - (a) if the officer was admitted to the legal profession as a barrister before 1 July 2004 or engages in government work in the manner of a barrister—call himself or herself a barrister or another term that describes the way the officer engages in government work; or - (b) if the officer was admitted to the legal profession as a solicitor before 1 July 2004 or engages in government work in the manner of a solicitor—call himself or herself a solicitor or another term that describes the way the officer engages in government work. - (a) nothing in this section prevents a government legal officer who is an Australian lawyer but does not hold a current local practising certificate from witnessing the document; and - (b) when witnessing the document, the government legal officer may include a description or title that is correct at the time, including, for example— (i) the title of lawyer or Australian lawyer; or (ii) another title involving the government legal officer’s employment or appointment as mentioned subsection (1) . - (i) the title of lawyer or Australian lawyer; or - (ii) another title involving the government legal officer’s employment or appointment as mentioned subsection (1) . - (i) the title of lawyer or Australian lawyer; or - (ii) another title involving the government legal officer’s employment or appointment as mentioned subsection (1) .