Australian Government Solicitor


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Public administration and governance  

Public administration and governance

AGS's experts are highly-versed in the Administrative Arrangements Order (AAO) and the transition of responsibilities that occurs when the AAO is amended. We are the pre-eminent advisers to the executive government on the responsibilities of ministers to Parliament and parliamentary committees. We advise on the appointment of ministers and the establishment of Commonwealth departments under s 64 of the Constitution. We also advise on the extent of the power of the executive under the Constitution.

We routinely advise on obligations and responsibilities of agencies subject to the PGPA Act and the Commonwealth financial framework generally. For example, we advise on the obligations of a chief executive including issues associated with delegations, the requirements in relation to expenditure of money including the application of the Commonwealth Procurement Guidelines and issues associated with 'outsiders' handling public money.

We also advise Commonwealth authorities on the nature and extent of their statutory powers and functions. Examples of this assistance include advising on obligations to comply with various Commonwealth policies, and helping several CAC bodies put in place systems of delegations and authorisations consistent with their enabling legislation. We also assisted with the development of the governance policy document Governance arrangements for Australian Government bodies.

AGS advises on the delegation of power and the operation of delegations and authorisations, including: the interaction between delegations, determinations and guidelines; the scope of delegated powers; the validity of guidelines; and the application of instruments of delegation.

  Guy Aitken QC Chief General Counsel 02 6253 7084
  Leo Hardiman Deputy General Counsel 02 6253 7074
  Mark Molloy Senior General Counsel 02 6253 7421
  Damian Page Deputy General Counsel 02 6253 7053
  Kathryn Graham Senior General Counsel 02 6253 7167
  Dr Bridget Gilmour-Walsh Senior General Counsel 02 6253 7563
  David Lewis Senior General Counsel 02 6253 7541
  Simon Daley PSM Chief Solicitor Dispute Resolution 02 9581 7490
  Commercial contacts in relation to FMA/CAC/Reg 10 etc:
  Kenneth Eagle Senior Executive Lawyer 03 9242 1290