Page 406 - Week 01 - Thursday, 17 February 2011
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(1) What is the cost of legal advice in the Minister’s portfolio to date in 2010-11 and to which department or agency does this apply.
(2) What proportion is this of the 2010-11 Budget for legal advice for each department or agency in the portfolio.
(3) What was the purpose of the legal advice that has been received.
(4) How much of this has been for legal advice directly related to court cases.
(5) How much legal advice has been (a) used for the development of legislation and (b) provided ‘in-kind’.
Ms Gallagher: The answer to the member’s question is as follows:
(1) The Government Solicitor provides legal services free of charge to most agencies, including the Office of Industrial Relations in the Chief Minister’s Department. Details of the Government Solicitor’s funding are found in the Territory’s Budget Paper for 2010-11.
Costs of legal advice in other parts of the Industrial Relations portfolio are:
(a) Long Service Leave Authority - $12,283.
(b) Default Insurance Fund - $319,009.
(2) There is no specific budget for legal advice for the Office of Industrial Relations.
Long Service Leave Authority – 62% of budget.
Default Insurance Fund – 62%.
(3) Legal advice is received on a range of matters including:
- legislative compliance enforcement (ie, assistance by ACT Government Solicitor to prepare and present initial cases for ACAT judgement); and
- legislative interpretation of provisions relating to the Community Sector Scheme.
(4) It is not practicable to disaggregate advice relating to court cases from the totality of advice provided as the focus of advice on a particular issue may change over time (eg commence as not relating to a court case, related to a court case, relate to negotiation).
(5) It is not practicable to readily identify legal advice relating to the development of legislation. Advice of this kind may come from the Government Solicitor, Parliamentary Counsel, agency policy staff or specialist agencies. It is not clear what “provided in kind” is intended to include.
Government—legal advice
(Question Nos 1339 and 1342)
Mr Seselja asked the Attorney-General and the Minister for Police and Emergency Services, upon notice, on 8 December 2010:
(1) What is the cost of legal advice in the Minister’s portfolio to date in 2010-11 and to which department or agency does this apply.
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