Overview

Some lawyers work exclusively for the government. This can be:

• local government such as municipal councils,
• state or territory governments, or
• the federal government.

The roles these lawyers undertake are wide ranging. At a local government level lawyers may be employed to undertake policy work for the council or prosecution of local council offences.

At a state level there are a number of fields lawyers work in. For example they can be policy advisers in government departments or drafters (writers) of legislation. They can also work for statutory authorities such as the office of the Director of Public Prosecutions (DPP), Legal Aid, the Workers Compensation authority or the Motor Accidents Compensation authority in each state or territory.

At the federal or Commonwealth level lawyers may be engaged by a statutory authority that oversees a federal area of responsibility such as employment law or the prosecution of federal offences. For example:

• the Commonwealth Director of Public Prosecutions (DPP),
• the National Crime Authority,
• the Australian Securities and Investments Commission (ASIC) or
• Fair Work Australia.

What all these lawyers have in common is that they work for the government not for individual members of the public. They are not permitted to take on private work and charge a fee as other lawyers do in private practice. They are also bound by the various statutes (legislation) relevant to the work they do. With the exception of Legal Aid lawyers it is important to remember that a government lawyer’s ‘client’ is the government authority who employs them, not members of the public. They are however still subject to the same rules of professional conduct and the duty to the court that applies to all lawyers.

Our Legal Guide on Government Lawyers provides practical information to the general public on a selection of government lawyers you might come into contact with and general advice on ways to resolve problems with them. LegalEagle’s free directory profiles all lawyers in Australia. You can use it to Find A Lawyer near you who specialises in the appropriate field of law.

Please select below from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

How a lawyer can help?

If you have a legal issue with a government body (such as a government department or agency) you may find yourself dealing directly with the government lawyer who represents that body. You must remember however that the government lawyer is there primarily to represent the government and protect the government’s interests, not yours.

The most appropriate way to deal with government lawyers is to engage a private lawyer who specializes in the area of government law you are dealing with. For example if you have a planning issue you should speak to a lawyer who specializes in planning law. Your lawyer will know the process that the local government is required to undertake and can advise you accordingly. Similarly if you have an issue with accessing compensation through your state or territory’s Victims of Crimes Assistance Tribunal (VOCAT) you should find a lawyer who works with crime compensation applications. LegalEagle’s free Find A Lawyer directory can assist you to find lawyers in your area who specialize in the issues you might have with government departments.