Legal Services Directions 2025
69Commonwealth policy on selecting and engaging counsel
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69 Commonwealth policy on selecting and engaging counsel
The Commonwealth’s policy is to seek to rely on its position as a major purchaser of legal services in agreeing the rates payable to counsel engaged by or on behalf of the Commonwealth or a Commonwealth entity other than a GBE.
Engaging entities and their legal services providers, when selecting counsel, are encouraged to consider a broad range of candidates, including:
(a) women counsel; and
(b) counsel who identify as LGBTIQA+; and
(c) counsel who identify as First Nations; and
(d) counsel who identify as culturally and linguistically diverse; and
(e) counsel with disability.
Subject to compliance with this Part, the choice of counsel is a matter for the engaging entity, taking into account any advice from its legal services provider.
Engaging entities or their instructing solicitors should inform OLSC if they have any concerns about the operation of this Part (whether in general, or as it applies to a specific matter).