35Reporting on significant issues

35  Reporting on significant issues

 (1) Where a significant issue arises in the performance of Commonwealth legal work, the entity for which that work is performed must:

 (a) report the issue to the Attorney‑General, via OLSC, as soon as practicable after it arises or the entity becomes aware of it; and

 (b) update the Attorney-General, via OLSC, on any subsequent developments involving that issue as soon as practicable after they occur or the entity becomes aware of them.

Note: These Directions do not detract from entities’ obligations elsewhere at law regarding how they are to handle personal or sensitive information.

 (2) Significant issues include the following:

 (a) issues where the size of the claim, the identity of the parties or the nature of the matter raises sensitive legal, political or policy issues;

 (b) issues in respect of which a significant level of co-ordination between different Commonwealth agencies is required;

 (c) the existence of a dispute or disagreement between 2 or more Commonwealth agencies (other than in a matter arising under legislation that contemplates that such agencies may be on different sides in a dispute);

 (d) the existence of a dispute or disagreement with a State or Territory, or a body established for a public purpose by or under a law of a State or Territory;

 (e) issues involving formal dispute processes under public international law;

 (f) the possibility that a court will make a ruling that would have significant precedential consequences for the Commonwealth;

 (g) where there is a reasonable prospect that the Commonwealth, or a Minister or officer of the Commonwealth in their official capacity, will be found liable (including by way of vicarious liability) for:

 (i) false imprisonment (however described); or

 (ii) misfeasance in public office; or

 (iii) the tort of malicious prosecution or conspiracy; or

 (iv) any other civil or criminal wrong based on malfeasance, fraud, bad faith or unlawful conduct.