annual report 2012 – 13 - Australian Government Solicitor

Support for the Attorney-GeneralSupporting the Attorney-Generalas First Law Officer of theCommonwealth, as described in ourmandate, is fundamental to AGS’soperations and to our value as theGovernment’s own legal adviser.AGS assists the Attorney-General as First LawOfficer by ensuring the Government hashigh-quality legal and related services thatadvance the national interest. We also play anessential role in helping government agenciesto comply with the Legal Services Directions(LSDs), in particular the obligation to behaveas a model litigant in the conduct of litigation.AGS regularly prepares reports to the First LawOfficer detailing significant matters for whichclients have engaged us.TIED WORKAGS undertakes tied (non-contestable) work,which the Government has determinedshould be performed by AGS and other tiedproviders pursuant to the Attorney-General’sLSDs. Tied work includes legal work associatedwith the Constitution, Cabinet matters,national security and public international law.Constitutional mattersAGS advises the Government onconstitutional issues and conducts itsconstitutional litigation. Constitutionallaw involves essential aspects of Australia’ssystem of government which can haveenduring and whole-of-governmentimplications extending beyond the interestsof any particular department or portfolio.These considerations require a high andspecialised level of legal expertise andcentral coordination.We also review Cabinet submissions toidentify potential constitutional and otherlegal issues arising from proposals.We maintain a uniquely qualified team oflawyers with extensive experience in advisingon constitutional issues and in the conductof constitutional litigation. Chief GeneralCounsel Robert Orr PSM QC, Deputy GeneralCounsel Guy Aitken and National GroupLeader of OGC Leo Hardiman lead our teamof advisers on constitutional issues. DeputyGovernment Solicitor David Bennett QC andConstitutional Litigation Unit team leaderAndrew Buckland lead our constitutionallitigation practice.Constitutional adviceThis year we advised on constitutionalissues in a range of legislative developmentprojects including the National DisabilityInsurance Scheme (now DisabilityCareAustralia), gambling reforms, a new modelfor Commonwealth funding for schools andthe implementation of the Government’sresponse to the Productivity Commissionreview of wheat export marketingarrangements.Following the High Court’s decision inWilliams v Commonwealth, which changedthe previously understood scope of theCommonwealth’s power to spend moneyand enter into contracts, AGS assisted allagencies to assess the level of constitutionalrisk associated with their existing spendingprograms. This involved assessing over1,100 programs in a short period. Anumber of agencies also asked us to reviewnew programs and policy proposals forconstitutional risk.12 AGS Annual report 2012–13