2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

An Act to amend the Law Officer Act 1992

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Law Officer Amendment Act 2008.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Law Officer Act 1992.

(e) to ensure that litigation mentioned in paragraph (d) is started and conducted in accordance with proper standards; and

(f) to exercise any function given to the Attorney-General under another Act; and

(g) to exercise any other function prescribed by regulation.

(1) The Attorney-General may issue model litigant guidelines to ensure that proper standards in litigation apply to Territory legal work.

(2) A guideline issued under subsection (1) is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(3) Anyone performing Territory legal work must comply with the model litigant guidelines.

(1) A person performing Territory legal work is not personally liable for anything done, or omitted to be done, honestly and without recklessness—

(a) in complying with a model litigant guideline; or

(b) in the reasonable belief that the act or omission complied with a model litigant guideline.

(2) Any civil liability that would, apart from this section, attach to a person attaches instead to the Territory.

Each report prepared by the chief executive under the Annual Reports (Government Agencies) Act 2004 must—

(a) describe the measures taken by the administrative unit during the financial year to ensure compliance with the model litigant guidelines; and

(b) provide information concerning any breaches of the model litigant guidelines during the financial year.

model litigant guidelines means the guidelines issued under section 5AA (1) (Model litigant guidelines).

Territory legal work means legal work associated with litigation conducted by a person for any of the following:

(a) the Territory;

(b) a body established by a law of the Territory;

(c) a company in which the Territory has a controlling interest.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.