Counsel Fees and Government Policy
Dear Attorney-General's Department,
I am writing to request access to documents under the Freedom of Information Act 1982. My request pertains to the policies and decision-making processes within the Attorney-General's Department or OLSC regarding the remuneration of junior counsel (barristers) engaged by the government.
Specifically, I am seeking documents detailing the following:
1. The policy of setting fees for new counsel rates at $1100 per day.
2. The basis or criteria used to cap fees at a 6-hour day for junior counsel.
3. Any analyses, reports, or correspondence discussing the comparison between the government's rate of $1100 per day and the average market rate/market cap (which is currently $2500 for most junior counsel as a starting rate, with a capped 10-hour day).
4. Any analyses, reports, or correspondence discussing why the initial rate of $1100 per day has not changed in over a decade.
5. Policy or guidance given to agencies relating to the annual adjustments of barristers' fees by government agencies.
Should AGD consider the application of any conditional exemptions, the following public interest matters should be considered: It is in the public interest to understand the rationale behind the setting of barrister fees at a relatively low amount by government agencies. The fees paid to legal counsel engaged by government departments directly impact the allocation of taxpayer funds and the quality of legal representation in matters of public importance. It is well known that the Commonwealth struggles to brief good barristers because of the low rates, and this problem is only increasing over time because the daily rates are not keeping up with inflation. Transparency regarding the decision-making process behind fee structures not only ensures accountability in the expenditure of public funds but also allows for an informed discourse on the adequacy of compensation for legal professionals. Additionally, insight into the factors influencing fee caps and adjustments is essential for assessing the fairness and competitiveness of government contracts within the legal services market, ultimately safeguarding the integrity of legal processes and the public's trust in the justice system.
Yours faithfully,
John B
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OFFICIAL
Dear John B
Thank you for your request, which was received by the Commonwealth Attorney-General’s Department (the department) Freedom of Information (FOI) section.
We received your FOI request on 8 February 2024 and the 30 day statutory period for processing your request commenced on the following day. Due to an increase in the number of information access applications currently being received by the department, a case officer is yet to be allocated and we seek your agreement to an extension of time to process this request under section 15AA of the FOI Act.
This would mean that a decision about your request would be due on 8 April 2024.
If we are in a position to make a decision earlier than this date, we will endeavour to do so. The statutory period may also be extended if we need to consult third parties or for other reasons permitted under the FOI Act. We will advise you if this happens.
Please reply by return email if you agree to this extension of time. If you do agree we will notify the Office of the Australian Information Commissioner (OAIC) of your agreement under section 15AA of the FOI Act, including your name and contact details.
Kind regards
Rebekah
Freedom of Information & Privacy
Attorney-General’s Department
Phone: (02) 6141 6666 | Email: [AGD request email]
OFFICIAL
OFFICIAL
Dear John B
Freedom of Information Request FOI24/077
I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.
The purpose of this email is to advise you that the period for processing
your request has been extended by 30 days to allow the department to
undertake consultation with a third party.
The new date for the completion of your FOI request is 8 May 2024.
The FOI Act requires the department to consult with third parties before
making a decision about the release of documents containing their
information.
More information is available on the Office of the Australian Information
Commissioner's Website. Information about extensions of time can be
accessed from:
https://www.oaic.gov.au/freedom-of-infor...
If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].
Kind regards,
Radia
Freedom of Information & Privacy
Attorney-General’s Department
Phone: 02 6141 6666 | Email: [2][AGD request email]
OFFICIAL
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References
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Daniel S Day left an annotation ()
This is a sterling access request.
I hope you have more luck with the AGD than some of the other access applicants on this site:
https://www.righttoknow.org.au/request/p...
https://www.righttoknow.org.au/request/s...
https://www.righttoknow.org.au/request/b...
https://www.righttoknow.org.au/request/r....
The AGD's performance in respect of processing access requests according to law (if at all) has been appalling of late.