Legal officer sessional fee compensates Reserve legal officers for the following.
For certain professional work they perform for the ADF.
For practice costs associated with the duties in paragraph a.
Examples: Telephone calls, facsimile transmissions, postage and photocopying.
This table outlines the definition used in this Division.
|Term||Definition in this Division|
|Court of Inquiry||'Court of Inquiry' has the same meaning as in regulation 3 of the Defence (Inquiry) Regulations 1985.|
This Division applies to a legal officer who is a member of the Reserves.
Note: In the total workforce model, a member of the Reserves may be described as a member in Service category 2, 3, 4 or 5.
A legal officer is eligible for a sessional fee if all the following conditions are met.
The legal officer performs legal duties in the ADF when they would otherwise be working in a private professional capacity as a barrister or solicitor.
Any of the following persons approves a period of the duty described in the table at paragraph c, before it is performed.
Director General Australian Defence Force Legal Services.
The legal officer performs one or more of the duties described in the following table.
Military duty as a counsel or assistant counsel performing any of the following duties.
Examples: Conferences conducted in person or by telephone conference
|2.||Military duty as a Judge Advocate or Defence Force Magistrate in a disciplinary proceeding.|
|3.||Providing legal services relating to the preparation or provision of a report under section 154 of the Defence Force Discipline Act 1982.|
|4.||Military duty as a legal officer assisting a Court of Inquiry.|
|5.||Military duty as a legal officer representing or assisting in the representation of a person before a Court of Inquiry.
In this item, person includes a person who has died.
Authority: regulations 33 or 121 of the Defence (Inquiry) Regulations 1985
Providing legal services to an ADF commander where all of the following requirements are met.
Preparation time is not paid for this duty. See: Subsection 2
Examples: Mediation, facilitation, negotiation, conflict coaching, conciliation and arbitration.
Authority: Regulation 69 of the Defence (Inquiry) Regulations 1985
Giving legal advice to a member on matters arising from their service in the ADF.Preparation time is not paid for this duty.
See: Subsection 2.
Giving legal advice to a defence civilian or former member in either of the following circumstances.
In this item, defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
Preparation time is not paid for this duty.
Items in the table in paragraph 1 .c include preparation time spent on legal tasks.
Examples: Proofing witnesses, taking instructions, settling agreed facts, reading transcripts, preparing submissions.
Non-Example: Travelling to the place of duty.
Exceptions: Preparation time will not be paid in association with the following duties.
Duties in subparagraph a.i of item 6 of the table in paragraph 1 .c.
Duties in item 7 of the table in paragraph 1.c.
Duties in item 8 of the table in paragraph 1.c.
Example: A legal officer provides legal advice to an ADF commander about one of their members. The legal officer is not to be compensated for preparation time.
Persons who can make the decision under subparagraph 126.96.36.199.b.i on behalf of the CDF:
To approve periods of duty:
ADF legal officer, either in the Permanent Force or a Reserve member on continuous full-time service, not below CAPT(E).
APS legal practitioner in the CDF Commission of Inquiry Directorate classified as Executive Level 1 or higher.
APS legal practitioner in the Directorate of Defence Counsel Services classified as an Executive Level 1 or higher.
To approve periods that include legal duty:
National Practice Manager, Defence Legal Division.
This section applies in any period for which a legal officer is entitled to pay as a Reserve member and also performs duties that meet conditions for payment of the sessional fee set out in section 4.9.6.
If the member's Reserve salary for the period is less that the amount of sessional fee that would be payable for the same period, the member may elect in writing to be paid the higher amount of sessional fee under this Division instead of the salary.
This section does not affect the member's entitlement to Reserve allowance payable under DFRT Determination No. 11 of 2013, ADF Allowances.
To avoid doubt, a member may be paid a combination of salary and sessional fee for a day, but is not entitled to payment for more than six hours duty in total for that day.
If the member is approved to perform a period of duty for Reserve salary and not also given an express approval for that period of duty for the purpose of this Division, the member cannot later elect to be paid legal officer sessional fee under this section.
A member who elects to take a full day's sessional fee for three or more hours duty cannot claim Reserve salary for the same day.
A member who takes a full day's Reserve salary for six or more hours duty cannot claim sessional fee for additional hours on that same day.
A legal officer who performs duty in a matter described in the following table is eligible for a sessional fee, calculated at the rate set out in the table, for a period of up to 5 days.
|Item||If the member performs...||for...||the member is to be paid...|
Any of the following duties described in any of the following parts of the table in paragraph 188.8.131.52.c
|less than three hours in a day||$202.50 an hour.|
|three or more hours in a day||$1215 a day.|
Any of the following duties.
Exception: Subparagraph a.i of table item 6.
|less than six hours in a day||$202.50 an hour.|
|six or more hours in a day||$1215 a day.|
The following arrangements apply to a member who performs a particular duty described in subsection 1 for more than five days. The days do not have to be consecutive.
|1.||Days 1 to 5||In accordance with subsection 1.|
|2.||Day 6 and beyond||
A daily rate of sessional fee for the sixth and subsequent days that CDF or the Director General Australian Defence Force Legal Services consider reasonable, having regard to the advice of the Attorney-General's Department.
For periods of less than a day, the hourly rate of sessional fee is one-sixth of the determined daily fee.Sessional fee may also be paid for periods that are less than whole hours on a pro rata basis.
Duties performed by member who is a Senior Counsel or Queen's Counsel are to be paid at 1.5 times the amount that would otherwise be payable.
Application to Reservists: Yes.