(1) A
"government legal officer" is a person whose employment or appointment in any
of the following includes or may include engaging in legal practice—
(a) a
department of this jurisdiction, the commission, or an agency prescribed under
a regulation;
(b) a
department of government of the Commonwealth;
(c) a department of government
of another jurisdiction;
(d) an agency of another jurisdiction if, under a
corresponding law of that jurisdiction, a person engaging in legal practice
for the agency is exempted from holding a practising certificate or otherwise
does not require a practising certificate.
(2) A government legal officer is
"engaged in government work" when the government legal officer is engaged in
legal practice in the course of the officer’s duties for the entity in
relation to which the person is an employee or appointee.
A public service officer employed by the
Department of Justice and Attorney-General is engaged in legal practice at the
Department of Education. The officer’s duties for the Department of Justice
and Attorney-General while working at the Department of Education include
providing advice to that department as a client of the Department of Justice
and Attorney-General.
(3) For an agency prescribed for subsection (1) (a) ,
a regulation may state activities that are, or are not, government work.
(5) If a government legal officer
holds a practising certificate from the bar association, a condition of the
barrister’s practising certificate about only practising as a barrister does
not apply to the government legal officer to the extent that the
government legal officer practises as a solicitor as part of engaging in
government work.
(a) if the officer was admitted to
the legal profession as a barrister before 1 July 2004 or engages in
government work in the manner of a barrister—call himself or herself a
barrister or another term that describes the way the officer engages in
government work; or
(b) if the officer was admitted to the legal profession
as a solicitor before 1 July 2004 or engages in government work in the manner
of a solicitor—call himself or herself a solicitor or another term that
describes the way the officer engages in government work.
(10) Without
limiting another subsection, if under an Act an Australian lawyer is allowed
to witness a document even though the lawyer does not hold a current local
practising certificate—
(a) nothing in this section prevents a
government legal officer who is an Australian lawyer but does not hold a
current local practising certificate from witnessing the document; and
(b)
when witnessing the document, the government legal officer may include a
description or title that is correct at the time, including, for example—
(ii) another title involving
the government legal officer’s employment or appointment as mentioned
subsection (1) .
(11) For a person whose employment or appointment in a
department of government of the Commonwealth includes or may include engaging
in legal practice as mentioned in subsection (1) (b) , this Act is subject to
the Judiciary Act 1903 (Cwlth) .
