Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_11:p2
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 2/2)
Character Range: 31334–33808

with the Directions. The certificate should:
 (a) give details of any apparent or possible breach of the Directions not previously reported to OLSC
 (b) give details of actions taken to address the causes of any breaches of the Directions during the financial year
 (ba) give details of the following aspects of the entity's use of persons appointed by the Attorney‑General under section 63 of the Judiciary Act 1903 to receive service in proceedings to which the Commonwealth is a party:
 (i) the names of appointed persons who have received service;
 (ii) the title of proceedings in which appointed persons have received service;
 (iii) the issues raised in proceedings in which appointed persons have received service;
 (iv) the nature of each document served on an appointed person and the date on which it was served;
 (v) the date on which the entity or OLSC was advised of the receipt of service of each document by the appointed person; and
 (vi) any other information requested by OLSC, and
 (c) set out any other information relevant to the entity's compliance with the Directions.

Pro bono work by legal services providers
11.3  The accountable authority of a non‑corporate Commonwealth entity is responsible for ensuring that the entity, when selecting and retaining legal services providers, does not adversely discriminate against legal services providers that have acted, or may act, pro bono for clients in legal proceedings against the Commonwealth or Commonwealth agencies.
11.4  Paragraph 11.3 does not apply if, were a legal services provider to be selected or retained by the entity, an actual conflict of interest would arise between the legal services provider and the entity because of the pro bono work of the legal services provider.
11.5  For paragraph 11.4, circumstances in which an actual conflict of interest would arise include the following:
 (a) if a legal services provider already acts for the Commonwealth or a Commonwealth agency in legal proceedings and accepts a request to act pro bono in those proceedings for another client, and
 (b) if a legal services provider has, because it has previously provided legal services to the Commonwealth or a Commonwealth agency, confidential information about the Commonwealth or a Commonwealth agency that would make it unreasonable for the provider to act pro bono for another client against the Commonwealth or Commonwealth agency.

Part 2—Extended and modified application of the Directions