32Advice on constitutional law issues

32  Advice on constitutional law issues

 (1) An entity that seeks legal advice on a constitutional law issue from AGS, or from counsel briefed by AGS, must:

 (a) at the time it makes a written request for the advice—give a copy of the request to the Attorney‑General’s Department; or

 (b) for an oral request—as soon as practicable:

 (i) confirm the request in writing; and

 (ii) give a copy of the written request to the Attorney‑General’s Department.

Note: The Attorney‑General’s Department or AGS may consult with the Solicitor‑General about whether the advice should be given by the Solicitor‑General or AGS.

 (2) Where AGS, or counsel briefed by AGS, provides final legal advice on a constitutional law issue to an entity, AGS must:

 (a) provide a copy of the advice to the Attorney‑General’s Department; and

 (b) make that advice available to the Solicitor‑General.

Note 1: AGS may make advice available to the Solicitor-General by, for example, including it in a database to which the Solicitor-General has access. 

Note 2: Copies of the Solicitor‑General’s advices will be given to the Attorney‑General’s Department and AGS.