6Simplified outline of these Directions

6  Simplified outline of these Directions

These Directions are a binding set of rules about Commonwealth legal work, issued by the Attorney-General under section 55ZF of the Act.

These Directions set out important rules to manage, in a whole-of-government manner, legal, financial and reputational risks to the Commonwealth’s interests. They give entities the discretion to manage their particular risks, which entities are in the best position to judge, while providing a supportive framework of good practice.

Arrangements made by an entity for the provision of legal services are to ensure the delivery of efficient and effective services.

Part 1 deals with a range of preliminary matters, including the application of these Directions. In particular, section 7 sets out the persons and bodies to whom these Directions apply.

The application of this instrument is also summarised in Schedule 1, and in the simplified outlines to certain Parts and Divisions. However, these summaries are for general information, and are not a complete statement of the persons and bodies to whom particular directions are capable of applying.

Part 2 deals with tied areas of Commonwealth legal work. Broadly speaking, it requires that certain kinds of legal work can only be done by tied providers (subject to certain exceptions).

Part 3 deals with the sharing of advice within Government; in particular, the circumstances in which certain entities must consult with each other about requests for advice.

Part 4 sets out certain entities’ obligations to report on significant issues, and to seek the Attorney-General’s approval before settling claims or litigation involving significant issues.

Part 5 deals with various aspects of how the Commonwealth, and certain Commonwealth entities, are to handle claims and conduct litigation. Part 6 sets out requirements that apply to the settlement of monetary claims by or against the Commonwealth and certain entities.

Part 7 deals with the engagement of counsel.

Part 8 sets out rules regarding the procurement of external legal services providers.

Part 9 deals with the provision of assistance to eligible individuals in legal proceedings.

Part 10 sets out various responsibilities that apply to accountable authorities of certain Commonwealth entities, including reporting obligations. It also sets out some obligations that apply to entities themselves. Amongst other things, the Part deals with responding to non-compliance with these Directions.

Part 11 sets out the obligations of persons who are appointed under section 63 of the Act to receive service on behalf of the Commonwealth.

Part 12 sets out certain application, transitional and savings provisions.