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Appendices

 

Legal Expenses

Defence Legal Division provides a broad spectrum of legal services. Uniformed and civilian lawyers provide legal and legal policy advice, and legal training, which covers operations and international law, aspects of military justice, the development of Defence policies and legislation, advice in relation to Defence-sponsored international agreements and arrangements, freedom of information and historical records access matters, litigation, and special financial claims. With effect from 1 June 2006, the Division manages the use of external legal services. In addition to headquarters staff located in Canberra, many military legal officers remain outposted to provide direct legal support to ADF commanders and other regional Defence elements.

Expenditure on internal and external legal services in 2005–06 is shown in the following tables. Internal expenses include salaries for military and civilian staff, divisional operating costs and military justice reimbursements. External expenses are professional fees, disbursements and other legal expenses.

Legal Services Panels

New initiatives for the management and accountability of Defence's spending on external legal services were implemented on 1 June 2006, to coincide with the start of Defence's new Legal Services Panels. The new panel arrangement comprises 16 areas of legal expertise. Fifteen law firms have successfully tendered for one or more of the areas and have entered into a standing offer with Defence. The appointment of these law firms to provide specific legal services to Defence is being managed in accordance with new policy and procedures, and uses new information systems. The new arrangements will improve our ability to record and report on Defence's external legal spend.

Table 6.24 Estimated Expenditure on Internal and External Legal Services in 2004–05 and 2005–06
Type of legal expenditure 2004–05
$m(1)
2005–06$m(2)
Internal 24.1 28.7
External 33.0 23.7
Total 57.1 52.4

Notes:

  1. Includes the DMO.
  2. From 1 July 2005, the DMO was created as a prescribed agency. This figure excludes DMO expenses which are reported in the Defence Annual Report 2005–06—Volume 2 (DMO).
Table 6.25 Estimated Cost Breakdown of Internal Legal Expenses
Items 2004–05
$m(1)
2005–06
$m(2)
Salaries for military lawyers 10.5 11.2
Salaries for civilian staff 7.9 8.3
ADF Reserve legal officers 2.7 6.2(3)
Operating costs of the Division 2.7 2.5
Military justice reimbursements 0.3 0.5
Total 24.1 28.7

Notes:

  1. Includes the DMO.
  2. From 1 July 2005, the DMO was created as a prescribed agency. This figure excludes DMO expenses which are reported in the Defence Annual Report 2005–06—Volume 2 (DMO).
  3. Includes $3.3m for the Sea King Board of Inquiry.
Table 6.26 Estimated Cost Breakdown of External Legal Expenses
Items 2004–05
$m(1)
2005–06
$m(2)
Professional fees—Defence legal panel 24.1 16.2
Professional fees—Attorney General's 1.9 0.4
Disbursements 4.6 4.9
Legal expenses—other 2.4 2.2
Total 33.0 23.7

Notes:

  1. Includes the DMO.
  2. From 1 July 2005, the DMO was created as a prescribed agency. This figure excludes DMO expenses which are reported in the Defence Annual Report 2005–06—Volume 2 (DMO).

Legal Education Services

Defence Legal Division completed the procurement process for a provider of tertiary legal education services for military legal officers. The new contract started in January 2006 and ensures that maintaining high standards of post-graduate study for legal officers continues to be a priority.

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