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Legal advice

At various stages during the agreement making process, agencies may wish to seek legal advice on various aspects of related legislation.

The Attorney-General has directed that agencies consult with the agency responsible for the relevant legislation by providing a reasonable opportunity to provide advice on the relevant matter prior to seeking formal legal advice. Agencies should also provide a copy of the request for advice and the
advice to the administering agency.

Accordingly, agencies requiring legal advice on the interpretation of provisions in the Fair Work Act or the Public Service Act should contact their APSC Client Contact Officer in the first instance.

The APSC has a Memorandum of Understanding with the Workplace Relations Legal Group of the Department of Education, Employment and Workplace Relations (DEEWR) and works in partnership with DEEWR on workplace relations legal matters affecting Australian Government employment. In this context, agencies
should note that while the APSC has responsibility for APS workplace relations matters, DEEWR is the administering agency for the Fair Work Act. Agencies are therefore reminded that, under clause 10 of the Legal Services Directions, DEEWR should be given the opportunity to be consulted on any request
for legal advice on the interpretation of the FW Act, as well as being given requests for and copies of such legal advice.

For any legal advice related to the operation of the FW Act, Agencies should consult with DEEWR and provide copies of any legal advice to:

Chief Counsel
Workplace Relations Legal Group
Department of Education, Employment and Workplace Relations
GPO Box 9880
CANBERRA ACT 2601

Given the APSC's role in APS workplace relations, agencies are requested to provide copies of any legal advice sought on the FW Act to the APSC in addition to DEEWR.

Similarly, for any legal advice related to the operation of the PS Act, Agencies should consult with the APSC and provide copies of any legal advice to:

Legal Adviser
Australian Public Service Commission
16 Furzer St
WODEN ACT 2606

For further information consult the Attorney-General's Department's Legal Services Directions.