The Government takes issues of legal probity very seriously.

The issues raised yesterday by the Solicitor-General are nothing new, similar observations have been made in Solicitor-General’s annual reports for at least the past five years (see below).

Therefore, the claims made by Labor today trying to link the Solicitor-General’s observations with policy processes of this government are patently absurd.

The difference between us and Labor is, the Liberal Government is acting to address the Solicitor-General’s concerns.

The Government has recently adopted new guidelines in relation to this matter, they can be accessed at http://www.crownlaw.tas.gov.au/solicitorgeneral/guidelines

Solicitor-General Annual Report 2012-13

Whatever the true position may be, it continues to be the case that a large volume of work of an essentially legal character is being regularly undertaken within Agencies by persons who are neither suitably qualified nor competent to do that work. The result is that quite important documents such as contracts, often involving substantial sums, complex licences and permits and instruments delegating the exercise of statutory powers and functions, are routinely found to contain quite serious errors and deficiencies. Ordinarily these errors and deficiencies do not become apparent until long after the instruments have taken effect and often only because a dispute or other problem has arisen in relation to them.

Solicitor-General AnnualReport 2013-14

This office is concerned with the provision of accurate and consistent legal advice to government. It is extremely important that work of an essentially legal character undertaken in Agencies by persons who are neither suitably qualified nor competent to do it should be referred to, or at least reviewed by a central repository for legal advice. Important documents such as contracts, which may involve substantial sums, complex licences and permits and instruments delegating the exercise of statutory powers and functions, should not contain errors and deficiencies. It can be expected that errors and deficiencies resulting from less than optimal skills will not become apparent until long after the instruments have been in use and often only because a dispute or other problem has arisen in relation to them. The result may have serious effects on government action, sometimes rendering it invalid. The minimisation of risks of this nature is of vital concern this office.

Solicitor-General Report 2011-12

I am continuing to monitor the implementation and effectiveness of the guidelines with a view to ensuring that they are having the desired effect. There is some anecdotal evidence to suggest that some people may regard compliance with the guidelines as being onerous and, for that reason, decide not to obtain advice when they might otherwise do so. That is plainly undesirable.
Solicitor-General Report 2009-10

..it is now clear to me that, at least some agencies make conscious decisions to avoid seeking legal advice in order to save money. In not a few cases agencies use their own officers and employees (who have no adequate legal training or knowledge) to draft such things as instruments of delegation, statutory rules and commercial agreements — some of which frequently involve very substantial sums — and which are later found to be incomplete, ambiguous or incoherent. Needless to say, this often proves to be a false economy.
Vanessa Goodwin, Attorney-General