Categories of work not covered by the tiCategories of work not covered by the tied work rules

Categories of work not covered by the tied work rules

5 The tying of constitutional, national security, Cabinet, public international law and drafting work is not intended to affect: (a) the role of the Director of Public Prosecutions or any statutory rights conferred on Commonwealth agencies concerning the conduct of their legal affairs (b) the in‑house work currently undertaken by Commonwealth agencies in the negotiation of standard bilateral treaties such as double taxation and social security agreements (c) international law work where the Attorney‑General has approved the use of the agency’s in‑house legal area in the performance of that work, or (d) the role of the Solicitor‑General.

Note: Where a Commonwealth agency in‑house legal unit was exempt from the tied work rules in relation to public international law work under paragraph 5 (b) of the Legal Services Directions issued in September 1999 because a relevant category of public international law work was ‘currently undertaken’ at the commencement of those Directions, and that work is not exempt under paragraph 5 (b) of the Legal Services Directions 2005, an exemption may be sought from the Attorney‑General if the agency has recognised expertise in relation to that category of tied legal work.