Legal is responsible for the provision of legal advice and assistance to agencies within the Department of Communities and Justice (DCJ).
Legal engages collaboratively with other Stronger Communities Cluster agencies – the NSW Police Force, Fire and Rescue NSW, the Rural Fire Service, Office of the DPP, Legal Aid and State Emergency Services.
Legal has a corporate cluster focus responsible for the provision of legal and administrative assistance and advice to the Attorney General, as First Law Officer of the Crown. Legal provides support services to enable the Attorney to fulfil legislative and advisory responsibilities to the Parliament and Cabinet.
Legal Areas of Responsibility
Instructing the Crown Solicitor in litigation under
- the Crown Proceedings Act 1988
- the Crimes (High Risk Offenders) Act 2006
- the Charitable Trusts Act 1993
- section 78A of the Judiciary Act 1903 (Cth) (intervention in relation to a constitutional argument).
Advising the Attorney General on the exercise of powers under legislation including
- the Crimes (Appeal and Review) Act 2001 (reviews of convictions)
- sections 32 & 33 of the Criminal Procedure Act 1986 (indemnities and undertakings)
- the Prisoners (Interstate Transfer) Act 1982.
Advising the Attorney General on the exercise of powers and functions relating to
- the exercise of the Royal prerogative of mercy
- proceedings for contempt of court
- approval of ex gratia legal assistance
- ex gratia payments
- approval for the briefing of Senior Counsel by Government agencies
- service of foreign documents
- monitoring of and reporting on activities undertaken under the Telecommunications (Interception and Access)(NSW) Act 1987, the Listening Devices Act 1984 and the Workplace Surveillance Act 2005.
Advising the Secretary in relation to exercise of powers and functions under
- the Suitors' Fund Act 1951
- the Costs in Criminal Cases Act 1967
- Managing applications and requests for review under the Government Information (Public Access) Act 2009 and the Privacy and Personal Information Protection Act 1998
- Indemnity and undertaking applications
- Contractual and commercial matters, including MoUs
- Coronial Inquests and assisting the Coroner at Inquests where the Crown Solicitor is conflicted and the matter is complex
- Subpoenas and statutory notices.
