About Us
About Legal Services Branch
The Attorney General is answerable to the Cabinet and Parliament for the administration of the legal system in New South Wales. The Legal Services Branch provides critical advice and support to the Attorney General in his roles as First Law Officer and legal advisor to Government.
The Branch has a leadership role within the Department and Government in ensuring that legal services provided to the Attorney General are of an appropriate quality to address matters of complexity, sensitivity and critical importance to the Government.
The Branch provides high quality legal management services to ensure that the common law and statutory powers of the Attorney General are exercised in accordance with the law. The Branch excels in providing prompt, precise and cogent instructions to external legal providers. It also provides continuity in the management of legal issues by carefully monitoring and thoroughly analysing advice that may be sourced from a number of external legal providers. This allows the identification of key cases and important trends.
The Branch provides high level, strategic, timely, accurate and politically relevant legal and policy advice. The Branch has specialised knowledge in the legislation administered by the Attorney General and responds at short notice.
Staff of the Branch have a sophisticated appreciation of the structure, operating processes and procedures of the Department as well as a detailed understanding of Ministerial and Departmental policy. This awareness of the policy context allows the Branch to provide important input during the various stages of managing litigation, applications and other matters.
When dealing with matters the Branch manages risks, costs, identifies systemic issues and advises on ways of limiting exposure to liability.
The Branch also undertakes on behalf of Corrective Services civil litigation work, certain costs matters and interstate prisoner transfers.
Examples of issues dealt with by the Branch include:
Instructing the Crown Solicitor in litigation under:
- the Crown Proceedings Act 1988
- the Crimes (Serious Sex Offenders) Act 2006
- the Charitable Trusts Act 1993
- section 84 of the Supreme Court Act 1980 (vexatious litigants)
- section 78A of the Judiciary Act 1902 (Cth) (intervention in relation to a constitutional argument)
Advising the Attorney General on the exercise of his powers under legislation including:
- the Crimes (Appeal and Review) Act 2001 (reviews of convictions)
- sections 32 & 33 of the Criminal Procedure Act 1986 (indemnities and undertakings)
- the Prisoners (Interstate Transfer) Act 1982
Advising the Attorney General on the exercise of powers and functions relating to:
- the exercise of the Royal prerogative of mercy
- proceedings for contempt of court
- approval of ex gratia legal assistance
- ex gratia payments
- approval for the briefing of Senior Counsel by Government agencies
- requests for the extradition of offenders from overseas
- service of foreign documents
- monitoring of and reporting on activities undertaken under the Telecommunications (Interception and Access)(NSW)Act 1987, the Listening Devices Act 1984 and the Workplace Surveillance Act 2005
Advising the Director General on the exercise of powers and functions under:
- the Suitors' Fund Act 1951
- the Costs in Criminal Cases Act 1967
Managing applications and requests for review under the Government Information (Public Access) Act 2009 and the Privacy and Personal Information Protection Act 1998.