Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_5
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 16366–17229

5  Use of in‑house lawyers for court litigation
5.1  A non‑corporate Commonwealth entity may only use an in‑house lawyer to conduct court litigation as solicitor on the record or as counsel with the approval of the Attorney‑General. Factors relevant to giving approval will include:
 (a) whether the entity is able to demonstrate a capacity to conduct the litigation properly and efficiently
 (b) whether the entity is able to conduct the litigation at a lower cost than using external solicitors, taking into account accrual accounting and, where relevant, competitive neutrality principles, and
 (c) whether the entity has a statutory charter which gives it an operation independent of government.
5.2  The use of in‑house lawyers may be approved, either in specific cases or generally, subject to compliance with conditions specified by the Attorney‑General.