3Reporting on significant issues

3 Reporting on significant issues

3.1 A non‑corporate Commonwealth entity is to report as soon as possible to the Attorney‑General or OLSC on significant issues that arise in the provision of legal services, especially in handling claims and conducting litigation. These issues will include matters where: (a) the size of the claim, the identity of the parties or the nature of the matter raises sensitive legal, political or policy issues (b) a dispute or disagreement exists between the Commonwealth and a Commonwealth agency or between different Commonwealth agencies (other than matters arising under legislation which contemplates that the Commonwealth or Commonwealth agencies may be on different sides in a case) (c) a significant level of coordination between different Commonwealth agencies is required (d) a significant precedent for the Commonwealth or other Commonwealth agencies could be established, either on a point of law or because of its potential significance for the Commonwealth or other Commonwealth agencies, or (e) a dispute exists with an agency of a State or Territory government.

Note 1: In dealing with personal or sensitive information, non‑corporate Commonwealth entities need to comply with the Privacy Act 1988, the Freedom of Information Act 1982, the Archives Act 1983 and the Crimes Act 1914.

Note 2: The obligation to report significant issues also requires the relevant non‑corporate Commonwealth entity to regularly update the Attorney‑General or OLSC on any developments involving the significant issue. There may also be more than one issue that should be reported as a significant issue over the course of a proceeding.

Note 3: A fresh obligation to report to the Attorney‑General or OLSC will arise on appeal if the significant issue remains relevant to the appeal. The making of an appeal may itself constitute a significant issue.

Note 4: The obligation to report on significant issues extends beyond handling claims and conducting litigation, and includes all significant issues that arise in the provision of legal services.

Note 5: If a non‑corporate Commonwealth entity is unsure about whether an issue is a significant issue that should be reported, it should contact OLSC to discuss the issue.

Note 6: For the application of this provision to Australian Government bodies other than non‑corporate Commonwealth entities, see paragraph 12.

3.2 A claim that is required to be reported by a non‑corporate Commonwealth entity to the Attorney‑General or OLSC under paragraph 3.1 is not to be settled without the agreement of the Attorney‑General.