Legal Services Branch

This service description provides information regarding the role of Legal Services Branch.

Introduction

Legal Services provide services which ensure ministers, the Secretary, divisions and areas have access to high quality strategic legal advice, litigation services, legislative services and legal policy, which support the achievement of government policy, departmental objectives and corporate consistency.

Legal Services provide and also purchase strategic legal advice in the areas of commercial law, statute law and general law. This advice is tailored to client needs and is consistent across the department. Preventative advice by way of information and training is also provided.

Practitioners and managers may contact Legal Services– children, youth and disability, for legal advice regarding any child protection issue that is not before the Children’s Court or subject to further litigation (for example, an appeal) as a result of Children’s Court action.

Examples of when Legal Services may be contacted for advice are:

  • advice on the legal implications of signing a ‘permission to participate in an activity’ form for a child subject to a Children’s Court order
  • interpretation of a specific section of the CYFA that is not central to child protection proceedings
  • upon receipt of a subpoena regarding a file which has been archived.

The CPLO should be contacted for all matters before the Children’s Court or related to Children’s Court proceedings.

Note: If you believe you have a legal question to ask but are not sure which of the Legal Service units to ask, do not delay seeking advice, ask and accept redirection if appropriate.

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