Attorney-General's Department

Internal Review In Relation To Foi24/077 – Documents Relating To Remuneration Of Junior Counsel By The Government.

FOI24/077 Released 26 pages PDF

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This internal review discloses guidance material from the Office of Legal Services Coordination regarding Commonwealth counsel rate-setting under the Legal Services Directions 2005. The document establishes a streamlined approval process for junior and senior counsel remuneration, delegating negotiation authority to agencies for rates up to $2,300 (inclusive GST) for junior counsel and $3,500 for senior counsel, with higher rates requiring Attorney-General approval. The guidance instructs agencies to consider factors including counsel's current approved rate, annual increase amounts, special circumstances, and value for money when negotiating brief-specific rates. The policy reflects a shift from centralized OLSC approval of all rates toward agency-level decision-making below specified thresholds, while maintaining "maximum downwards pressure on rates." The document provides practical examples for calculating rate increases based on experience and time elapsed since last approval. No significant redactions or legal professional privilege claims are evident in the excerpt provided.

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