Division Div 1 - Legal Services Directions 2025 - General | ZoeCTHIn ForceLegislation
Legal Services Directions 2025
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Division 1 —General
1 Name
2 Commencement
3 Authority
4 Dictionary
5 Schedules
6 Simplified outline of these Directions
Division 2 —Application of these Directions
7 Who is required to comply with these Directions?
8 The Attorney-General may grant exemptions and modifications
9 Application—criminal prosecutions and related proceedings
10 Interaction with functions of Commonwealth agencies
Part 2 —Tied areas of Commonwealth legal work
11 Simplified outline—who must comply with this Part?
12 Meaning of tied work
Division 2 —Directions about tied work
13 Direction related to tied work
14 Tied providers: Cabinet work, constitutional law work and national security legal work
15 Tied providers: public international law work
16 Tied providers: tied drafting work
17 Briefing counsel and other legal experts
18 Providers other than tied providers may be approved to do tied work
19 Categories of work not covered by the tied work rules
20 Tied work not performed by tied providers: entities must give copies of advice to OLSC
Part 3 —Sharing advice within Government
21 Simplified outline—who must comply with this Part?
Division 2 —Sharing advice within Government
22 Purpose of Part and general policy on consulting and sharing
23 Consultation
24 Exception to consultation requirement—urgency
25 Exception to consultation requirement—where disclosure inappropriate or unlawful
26 Exception to consultation requirement—routine matters
27 Exception to consultation requirement—written agreements
28 Responsibility of administering entity upon consultation
29 Resolving disagreements about interpretation of legislation
30 Sharing advice with the Attorney-General
31 Sharing advice that may be significant to other Commonwealth agencies
Division 3 —Advice on constitutional law issues
32 Advice on constitutional law issues
Part 4 —Reporting on significant issues
33 Simplified outline—who must comply with this Part?
34 Purpose of this Part
Division 2 —Directions about significant issues
35 Reporting on significant issues
36 Settling claims and litigation that give rise to significant issues
Part 5 —Claims and litigation
37 Simplified outline of this Part
Division 2 —The model litigant obligation
38 Simplified outline—who must comply with this Division?
39 Informational note—policy of this Division
40 The model litigant obligation
41 Nature of the obligation
42 Merits review proceedings
43 Alternative dispute resolution
Division 3 —Claims and litigation by or against the Commonwealth or entities
44 Simplified outline—who must comply with this Division?
45 Entities must comply with instructions from the Attorney‑General
46 Acting in accordance with legal principle and practice
47 Disclosure of terms of settlement
48 Entities to receive written legal advice before starting court proceedings
Division 4 —Obligations of corporate Commonwealth entities with respect to claims and litigation
50 Obligations of corporate Commonwealth entities
Division 5 —Jurisdiction of State and Territory bodies
51 Simplified outline—who must comply with this Division?
52 Attorney‑General must approve objection to the jurisdiction of State and Territory courts
53 Attorney‑General must approve submission or objection to the powers of certain State and Territory bodies
Division 6 —Use of in-house lawyers for court litigation
54 Simplified outline—who must comply with this Division?
55 Use of in‑house lawyers for court litigation
Division 7 —Public interest immunity
56 Simplified outline—who must comply with this Division?
57 Public interest immunity
Division 8 —Reliance on limitation periods
58 Simplified outline—who must comply with this Division?
59 Reliance on limitation periods
Part 6 —Settling monetary claims
60 Simplified outline—who must comply with this Part?
62 Claims in respect of which this Part applies
Division 2 —Directions about settling monetary claims
63 Settling monetary claims involving the Commonwealth or an entity
64 Criteria for settling monetary claims against the Commonwealth or an entity
65 Criteria for settling monetary claims commenced by the Commonwealth or an entity
66 Exceptional circumstances—referral to OLSC
Part 7 —Engagement of Counsel
68 Simplified outline—who must comply with this Part?
69 Commonwealth policy on selecting and engaging counsel
70 Engagements to which this Part applies
Division 2 —Engagement of counsel
71 Content of briefs—model litigant obligation
72 Content of briefs—rates
73 Content of briefs—bankruptcy
74 Directions about the selection of counsel
75 Daily rates and other fees payable to counsel
76 Negotiating hourly rates
77 Other matters regarding counsel fees
78 Entity must give information to OLSC
79 Seeking approvals regarding counsel rates
80 Indexing daily rate thresholds
81 Meaning of index number
Part 8 —Procurement of external legal services providers
82 Simplified outline—who must comply with this Part?
83 Meaning of pro bono legal work
Division 2 —Procurement of external legal services providers
84 Pro bono and other matters to be taken into account in selecting external legal services providers
85 Obligation to provide assistance, documents and information
Part 9 —Assistance to eligible Commonwealth employees and officials in legal proceedings etc
86 Simplified outline—who must comply with this Part?
89 Requests to which this Part applies
90 Matters outside the scope of this Part
Division 2 —Who is the decision-maker?
Division 3 —General rules: when approvals must not be granted
92 Cases in which decision-maker must not grant approval
93 Cases in which decision-maker needs Attorney-General’s approval—challenges to validity or conduct of inquiries
Division 4 —General rules: what financial assistance may be granted?
94 Types of costs that may be approved
95 Amount of assistance that may be approved
Division 5 —The decision-making process: considerations relevant to grant of approvals
96 Granting approvals—the primary consideration
97 Refusing an application where the eligible person failed to give notice in reasonable time
Division 6 —The decision-making process: deferral, conditions and consultation
99 Placing conditions on approvals
100 Conditions on approvals for certain costs—civil proceedings
101 Conditions that must not be placed on approval—criminal proceedings
102 Consultation with OLSC in sensitive cases
103 Seeking exemption from requirements of this Part—exceptional circumstances
Division 7 —Obligations where assistance has been approved
104 Entity must monitor costs on an ongoing basis
105 Refusing to pay assistance where condition not followed
106 Ensuring that counsel are engaged in accordance with Part 7
107 Compliance with model litigant obligation
Part 10 —Entity responsibility and compliance
Division 1 —Responsibilities of accountable authorities
Subdivision 1 —Preliminary
108 Simplified outline—who must comply with this Division?
Subdivision 2 —Responsibilities of entities and their accountable authorities
109 Responsibilities of accountable authority—compliance with directions and related matters
110 Responsibilities of accountable authority—pro bono work by legal services providers
Subdivision 3 —Accountable authorities of certain corporate Commonwealth entities
112 Responsibilities of accountable authority of certain corporate Commonwealth entities
Division 2 —Addressing non-compliance with these Directions
113 Simplified outline—who must comply with this Division?
114 Contractual provisions regarding penalties for non-compliance with these Directions
115 Issuing instructions in relation to non-compliance
Part 11 —Obligations of persons appointed under section 63 of the Act
116 Obligations of persons appointed under section 63 of the Act to receive service
Part 12 —Application, transitional and savings provisions
117 Decisions and instruments made before commencement
118 Processes begun before commencement
119 Obligations incurred before commencement
121 Non-compliance with the Legal Services Directions 2017
122 References to the Legal Services Directions 2005 or the Legal Services Directions 2017
Schedule 1—Summary of application of these Directions
Legal Services Directions 2017
This instrument is the Legal Services Directions 2025.