Model litigant guidelines

This compliance report was prepared in accordance with s. 11 of the Law Officer Act 2011.

The Director-General has the following procedures to ensure the Directorate is aware of and complying with the Law Officer (Model Litigant) Guidelines 2010 (No. 1) (the Guidelines).

The Directorate’s legal services are provided by the ACT Government Solicitor’s Office (ACTGS) and any prosecutions brought by the Directorate are forwarded to the Director of Public Prosecutions. The ACTGS reviews the Directorate’s instructions to ensure compliance with the Guidelines. The Directorate is able to rely on the ACTGS to identify issues of compliance with the Guidelines and to address the issues or elevate the matter if appropriate.

All requests for ACTGS representation in court and tribunal matters are referred to the relevant member of the Directorate’s Executive. A report is available to the Director-General in relation
to the progress of matters.

All staff involved in claims procedures or decisions that may at some point become the subject of litigation are informed of the Guidelines and instructed to comply with them. Any queries regarding compliance with the Guidelines are referred to the ACTGS.

No issues came to the Directorate’s attention during 2013–14 that are or could be considered to be in breach of the Guidelines.

The Director-General has procedures to ensure the Directorate is aware of and complying with the Law Officers (General) Legal Services Directions 2012 (the Directions). All staff are required to comply with the Directorate’s standard operating protocol for obtaining legal advice. This protocol was developed in consultation with the ACTGS and is designed to ensure compliance with the Directions. The standard operating protocol formalised a standard practice for advice to be reviewed by the Legislation Section and approved by the Deputy Director-General or the Director-General.

The ACTGS reviews requests for advice to ensure they are consistent with the approved protocol. Possible breaches of the protocol are referred to the legislation section and the requesting area for correction.

Staff seeking legal advice are informed of the necessity to obtain all legal advice from the ACTGS and no other source except in discussion with and with the prior approval of the Government Solicitor, as required by the Directions.

No issues came to the Directorate’s attention during 2013–14 that are or could be considered to be in breach of the Directions.