74Directions about the selection of counsel

74  Directions about the selection of counsel

 (1) An engaging entity must ensure that:

 (a) counsel are selected for their skill and competence; and

 (b) the entity’s process for selecting counsel takes into account the interests of the Commonwealth in securing suitable and expert counsel in a particular case, but not in a manner which results in only a narrow pool of counsel being used for any particular category of Commonwealth legal work; and

 (c) the entity considers a broad range of candidates for potential engagement, including, to the extent practicable:

 (i) counsel of diverse gender identity, sexual orientation, race or religion; and

 (ii) counsel with disability; and

 (iii) counsel who identify as First Nations.

 (2) An engaging entity must ensure that, in the selection of counsel, all reasonable endeavours are made to:

 (a) identify a range of counsel in the relevant practice area; and

 (b) genuinely consider engaging such counsel; and

 (c) regularly monitor and review its processes for engaging counsel; and

 (d) select women counsel with relevant seniority, expertise and experience in the relevant practice area, with a view to women counsel accounting for:

 (i) at least 40% of all the entity’s briefs; and

 (ii) at least 40% of the total value of all the entity’s briefs.

Note: Entities are encouraged to publish annually, in a manner that does not disclose the rates paid to individual counsel, information that makes it possible to assess whether the entity is meeting the target in paragraph (2)(d).