Legal Services Amendment Direction 2012 (No. 2)

Overview

The Legal Services Amendment Direction 2012 (No. 2) was enacted to facilitate the transfer of functions from the Office of Legislative Drafting and Publishing (OLDP) within the Attorney-General's Department to the Office of Parliamentary Counsel (OPC). This amendment was a response to a government decision to reorganise these responsibilities, thereby ensuring the efficient drafting of government Bills, amendments, and other legislative instruments. This direction is in accordance with the broader changes introduced by the Parliamentary Counsel and Other Legislation Amendment Bill 2012. The purpose of the Amendment Direction is to modify the Legal Services Directions 2005, specifically to delineate the roles and responsibilities of the OPC in the drafting process. The amendment removes references to OLDP and clearly designates OPC as the sole entity responsible for drafting the specified legislative instruments. This Direction, which commenced on the commencement of the related Act, was developed through consultation with relevant offices and ensures alignment with existing human rights obligations.

Scope and Application

The Legal Services Amendment Direction 2012 (No. 2) applies to the provision of legal services to the Commonwealth, particularly focusing on the drafting and publishing of government Bills, amendments, regulations, and other legislative instruments. This direction is pertinent to entities and individuals involved in the drafting of these legal documents, primarily within the Office of Parliamentary Counsel (OPC) and the Attorney-General’s Department. The Amendment Direction is designed to implement a government decision to transfer the functions of the Office of Legislative Drafting and Publishing (OLDP) to the OPC. Geographically, the scope of this legislation is confined to the Commonwealth, meaning it applies across all federal jurisdictions in Australia, ensuring a uniform approach to legal drafting and publishing for the government. The Amendment Direction does not apply to private legal work or non-governmental entities, focusing solely on Commonwealth legal work as defined in the Judiciary Act 1903. Notably, the direction does not extend its application to state or territory legislation, maintaining a clear federal focus. The Amendment Direction is effective from the commencement of the related Parliamentary Counsel and Other Legislation Amendment Act 2012.

Key Provisions

The main operative sections of the Legal Services Amendment Direction 2012 (No. 2) include the introduction of amendments to the Legal Services Directions 2005. Section 55ZF of the Judiciary Act 1903 empowers the Attorney-General to issue these directions, which apply to Commonwealth legal work. The purpose of this Amendment Direction is to facilitate the transfer of the Office of Legislative Drafting and Publishing's (OLDP) functions to the Office of Parliamentary Counsel (OPC). The key change outlined in Schedule 1 involves modifying Clause 3 of Appendix A to specify that OPC will be the sole entity responsible for drafting government Bills, government amendments of Bills, regulations, ordinances, and regulations of non-self-governing Territories, and other legislative instruments made or approved by the Governor-General. This amendment removes any previous references to OLDP, ensuring that OPC takes over all related drafting responsibilities. The Amendment Direction imposes obligations on parties and entities involved in providing legal services to the Commonwealth. Primarily, it mandates that only the Office of Parliamentary Counsel (OPC) is authorised to undertake or arrange for the drafting of specific legislative instruments. This includes government Bills, amendments to Bills, regulations, ordinances, and other legislative instruments approved by the Governor-General. The Amendment Direction ensures that the new arrangements are implemented in accordance with the changes introduced by the Parliamentary Counsel and Other Legislation Amendment Bill 2012. These obligations are designed to maintain sound practice in the provision of legal services to the Commonwealth and to ensure a smooth transition of drafting functions from OLDP to OPC. In terms of consequences for non-compliance, the Legal Services Amendment Direction 2012 (No. 2) does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the Authority to issue these directions is derived from section 55ZF of the Judiciary Act 1903, which implies that any failure to comply with the provisions of the Amendment Direction could be subject to legal action under that Act. Additionally, any entity that continues to perform drafting functions without authorisation from OPC might be seen as operating outside the scope of the amended legal framework, potentially leading to disciplinary actions or other consequences as deemed appropriate by the Attorney-General. The precise penalties would likely depend on the specific circumstances and the interpretation of related provisions in the Judiciary Act 1903.