Procurement of Legal Services
Government agencies must refer all requests for legal advice, civil litigation, and commercial and conveyancing legal services to Crown Law.
Crown Law is comprised of the Office of the Solicitor-General, the Office of the Crown Solicitor, and the Office of the Director of Public Prosecutions. Crown Law services provided are free of charge to agencies (excluding Statutory Authorities). If you are not sure whether this includes your agency, advice should be sought from Crown Law directly. There are certain circumstances where some charge may apply, such as when there are recovery rights from third parties - Crown Law will advise agencies when this may apply.
Where Crown Law are unable to provide the services
Where Crown Law determines that its officers cannot provide the advice required or that external advice is required, the matter will be referred to a suitable legal consultant by Crown Law after consultation with the agency. Crown Law will negotiate with and engage an appropriate external legal service provider following the processes set out in TIs 1118 and 1224. An exemption from the processes set out in the Treasurer's Instructions may be requested by Crown Law on behalf of the agency, or by the agency with the agreement of Crown Law. Such an exemption can only be approved by the Secretary of the Department of Treasury and Finance, or other authorised delegate.
Crown Law will charge the instructing agency at cost for the legal services being provided by external legal consultants.
Agencies must report any external legal consultants engaged for them by Crown Law in accordance with the normal reporting requirements of the Treasurer's Instructions.
Government agencies must not directly engage external counsel or commercial legal services themselves, without the written agreement of Crown Law. If written agreement is provided, the usual procurement requirements apply.