Litigation involving Government Agencies

The Guidelines

Premier's Memorandum 97-26 contains guidelines dealing with litigation involving Government authorities.

The guidelines apply to Government departments and agencies, including Government Trading Enterprises, whether or not they represent the Crown. They do not apply to State Owned Corporations or local government bodies. However, State Owned Corporations are urged to adopt the guideline as part of their policy.

Aims of the Guidelines

The aims of the guidelines are:

• In the prosecution of one Government authority by another the cost to the public purse is kept to a minimum;
• Only appropriate prosecution action is taken;
• Inappropriate or irrelevant defences are not pleaded;
• The Court's time spent in resolving prosecutions or disputes involving Government authorities is kept to a minimum;
• That responsible Ministers are kept informed of pending prosecutions and possible disputes between Government authorities; and
• Government authorities act, so far as is possible, as model litigants in proceedings before the Court.