Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_15:p2
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 2/2)
Character Range: 41588–44019

can institute proceedings in the name of the Commonwealth

2 If a non‑corporate Commonwealth entity wishes to institute proceedings in the name of the Commonwealth, the proceedings will need to be instituted by a person appointed by the Attorney‑General under section 61 of the Judiciary Act 1903. In these circumstances, if a relevant appointment is not in place, the details should be forwarded to OLSC to enable the issue of an appointment under section 61 to be referred for decision by the Attorney‑General.
Appointments under section 61 include appointments of accountable authorities of non‑corporate Commonwealth entities.
Who can receive service in proceedings to which the Commonwealth is a party

2A Lawyers providing legal services to the Commonwealth or Commonwealth agencies may be appointed by the Attorney‑General under section 63 of the Judiciary Act 1903.
Other relevant rules and policies

3 In addition to these Directions, other rules and policies are relevant for the provision of legal services, including:
(a) the policy on what legal work is undertaken by AGS and the Attorney‑General's Department on a non‑billable basis (information on this policy can be obtained from OLSC and its website)
(b) the policy on giving indemnities and guarantees by the Commonwealth and Commonwealth agencies (information on this policy can be obtained from the Department of Finance or OLSC)
(c) the policy on insurance and handling of liability claims by Commonwealth agencies that operate under the Commonwealth's self‑managed fund for insurable risks, Comcover (information on Comcover can be obtained from the Department of Finance)
(d) the Parliamentary Entitlements Regulations 1997 which deal with the provision of assistance to Ministers for legal proceedings (information on these Regulations can be obtained from OLSC), and
(e) Judiciary Act 1903, section 63, which deals with service of process when the Commonwealth or a State is a party to a suit.
Directions do not apply in certain circumstances

4 The Directions are not intended to cover the handling of criminal prosecutions and related proceedings unless expressly referred to.

5 The Directions are not intended to override any legislative requirement or authority concerning a Commonwealth agency's functions (in particular, the role of the Director of Public Prosecutions).

Appendix A—Tied areas of Commonwealth legal work

Categories of tied work