Obtaining Legal Advice Policy
MP 0023/16 - Obtaining Legal Advice Policy (pdf 118KB)
Applicable to: This policy is applicable to WA health entities.
Description: The purpose of this policy is to outline the process to be followed by WA health entities (Health Service Providers and Department of Health) for obtaining legal advice.
Hospitals and health services within the WA public health system have traditionally obtained legal advice from the Department of Health’s Legal and Legislative Services or the State Solicitor’s Office. Health Service Providers have also obtained legal advice from their General Counsel, where General Counsel has been appointed.
The State Solicitor’s Office provides both core and non-core services to Government and will charge fees for non-core work. As a provider of commercial services, external firms will also charge fees for any legal services provided.
This policy is a mandatory requirement for Health Service Providers under the Legal Policy Framework pursuant to section 26(2)(l) of the Health Services Act 2016.
This policy is a mandatory requirement for the Department of Health pursuant to section 29 of the Public Sector Management Act 1994.
Date of effect: 01 July 2016
Policy Framework
Legal
Request for Legal Advice or Legislative Assistance Form
Government of Western Australia, Department of Justice WA, State Solicitor's Office, The Office Briefing and Engagement 2024