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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-03-05 Daily Xml
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Answers to Questions

LEGAL FEES

55 Mrs REDMOND (Heysen) (31 July 2007).

1. Why did the actual amount of Legal Service's hours provided by both in-house and out-posted lawyers significantly exceed the amount budgeted in 2006-07 and why is there no increase in 2007-08?

2. Do most of the out-posted lawyer services relate to barrister's fees for opinions and court appearances on behalf of the Government?

3. What action has been undertaken to address the significant delays experienced by some barristers in obtaining payment of significant sums (up to $100,000) and why do these delays occur?

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs): I have been advised:

1. Currently, the internal policy within the Crown Solicitor's office is for legal staff to achieve a productivity target of 70 per cent of all available hours to be spent on client legal services. Managing solicitors and assistant Crown Solicitors have lower productivity targets for client legal work (60 per cent and 50 per cent), in recognition of their requirement to devote appropriate time to management, leadership and review of their staff and section.

The SA Government Wages Parity (Salaried) Enterprise Agreement (2006), which came into effect on 21 December 2006, requires consultation and opportunity for staff to contribute effectively before any proposed increase in productivity levels.

As a result, the expected productivity figures for the Crown Solicitor's office cannot be set higher than the current 70 per cent benchmark productivity rate. The actual productivity achieved in 2006-07 was much higher than this 70 per cent benchmark and reflects the continued and increasing demand for legal services by government.

2. Outposted lawyer services do not relate to private-practice barristers' fees.

The outposted lawyer services are the Crown Solicitor's office providing dedicated Crown solicitors for government agencies that have specialist, high demand or continuing complicated requirements for legal services.

This initiative increases the efficiency of legal service delivery for these Crown Solicitor's office clients. Legal staff from the Crown Solicitor's office are relocated to a government agency to do legal work. In many cases, the agency hosts either two or three Crown Solicitors and pays a fee equivalent to the salary of the solicitor and a modest administrative fee. The outposted lawyers remain employees of the Crown Solicitor's office and their professional development is managed by the office. They work solely for their host agency. Outposted lawyers are returned to head office, usually at the end of a two-year outposting.

3. The Crown Solicitor's office is unaware of any significant delays experienced by barristers in the payment of accounts due. I need further information to ascertain the circumstances of these alleged delays.

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