Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_12
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 34651–36713

12  Extended application of Directions to other bodies or persons
12.1  This paragraph deals with the application of the Directions to a body or person that is not a non‑corporate Commonwealth entity.
Note: This paragraph deals with the application of the Directions to bodies and persons such as corporate Commonwealth entities and Commonwealth companies, as well as other bodies and persons.

Obligations of other bodies and persons
12.2  A body or person that handles claims, or conducts litigation in the name of, or on behalf of, the Commonwealth, is to comply with the Directions in respect of such claims and litigation.
12.3  A corporate Commonwealth entity (other than a government business enterprise) is to:
 (a) inform the Attorney‑General or OLSC of the details of any litigation (including threatened or proposed litigation) which gives rise to constitutional issues and comply with any specific instructions given by the Attorney‑General concerning the conduct of the litigation (including as to the choice of lawyers to be used and the arguments to be put on constitutional issues)
 (b) inform the Attorney‑General or OLSC of any claim or litigation proposed to be brought against, or involving, another Commonwealth agency
 (c) handle claims and conduct litigation in accordance with the Directions on The Commonwealth's Obligations to Act as Model Litigant, at Appendix B
 (d) engage counsel in accordance with the Directions on Engagement of Counsel, at Appendix D
 (e) comply with the requirements of paragraph 7, concerning the handling of claims of public interest immunity, and
 (f) comply with paragraphs 9A.1, 11.1 (da), 11.2 (ba), 11.3, 11.4 and 11.5.

Attorney‑General may make decisions about compliance with Directions
12.4  In addition, the Attorney‑General may decide that a particular body or person is to comply with some or all of the Directions that apply to non‑corporate Commonwealth entities.
12.5  If the Attorney‑General makes a decision under paragraph 12.4, the Attorney‑General is to tell the body about the decision.