Table of Contents

Terms of reference
Participants

1. INTRODUCTION
CONSULTATION PROCESS
ISSUES FOR CONSIDERATION
RESPONSES TO SUBMISSIONS
OPTIONS FOR THE COMMISSION
No change to the existing arrangements
Improving circulation arrangements
OUTLINE OF REPORT

2. BACKGROUND
INTRODUCTION
THE SMILES CASE
Background to the reference
Facts of the Smiles case
IMPLICATIONS OF THE SMILES CASE FOR OTHER GOVERNMENT LEGAL ADVICE

3. GOVERNMENT AS THE RECIPIENT OF LEGAL ADVICE
THE ORGANISATION OF GOVERNMENTS
The Crown and the rule of law

Western Australia v Watson

4. CIRCULATION OF GOVERNMENT LEGAL ADVICE
ACCESS TO GOVERNMENT INFORMATION
LIMITS ON CIRCULATION OF ADVICE
Privilege

Public interest immunity
Legal professional privilege
Salaried legal practitioners
Distinguishing legal advice from policy advice

Circulation to government contractors
Wider circulation to the public

Wider circulation within government
Wider circulation to the public
Cost and volume

5. CONCLUSIONS AND RECOMMENDATIONS

APPENDIX A: SUBMISSIONS RECEIVED

APPENDIX B: TABLE OF CASES

APPENDIX C: BIBLIOGRAPHY