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ARTICLE · 26 JANUARY 2023

Getting the message through: Challenges for legal advisers in government

Holding Redlich
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Legal advice needs to be easily understood when decision-making relies on the efficacy and correctness of the advice.

AustraliaGovernment, Public Sector
Christine Lithgow
Christine Lithgow
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Last month, I ran a LinkedIn poll on the question:

"Is it unthinkable that crucial legal advice would not be passed on by a government agency to its Minister? What's your experience?"

The poll was prompted by the previous day's news from the Robodebt Royal Commission. As reported by the Sydney Morning Herald, the former Prime Minister, Scott Morrison, had testified that he was never advised that the robo-debt scheme was unlawful before he signed off on it. He also stated it was "unthinkable" that his department did not pass on crucial legal advice.

It 'should' be unthinkable that crucial legal advice would not be passed on, particularly when it goes to the legality or otherwise of a key decision.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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