THE STATE PUBLIC SERVICE GENERAL ORDERS, 1996

Chapter:Chapter 5
Chapter Heading:CORRESPONDENCE AND OFFICIAL ROUTINE
Part No.:Part 2
Part Heading:FORM OF CORRESPONDENCE
GO No.:195
.

Reference to the State Attorney-General
195. - (1) A Head of Department is responsible for ensuring that, in respect of any matter submitted to the State Attorney-General, the following points are observed-

(a) the question, or questions, on which a legal opinion is required shall be clearly formulated;

(b) relevant facts shall be recorded in the form of a precis, with necessary cross-references to the documents from which they are drawn;

(c) where an announcement has to be made in the Government Gazette, a draft notification based on precedent shall be submitted;

(d) where new legislation or subsidiary legislation or amendment to existing legislation or subsidiary legislation is required and a policy decision has been made by the Government relating thereto, a request for the drafting of the new legisation or subsidiary legislation shall be made by official memorandum setting out the objects of and the reasons for the legislation or subsidiary legislation and, in the case of amending legislation, the respects in which the existing legislation or subsidiary legislation is considered defective and the object to be attained by the amendment;

(e) the provisions of subparagraph (d) shall, so far as is practicable, apply also to requests for the preparation of agreements and other similar instruments; and

(f) all requests for legal advice other than from the State Secretary or State Financial Secretary shall be signed by the Permanent Secretary or Head of Department, or where advice is sought by the Commission, such request may be signed by the Chairman, Deputy Chairman or Secretary of the Commission.

(2) Reference shall be made to the State Attorney-General before a reply is sent to an advocate’s letter, except when the subject of such a letter is a straightforward request for information of which the Government has no objection to providing.

(3) Under no circumstances shall the advice of the State Attorney-General be quoted verbatim to any person outside the department to which it is addressed.

(4) Where it is necessary for Heads of Departments or other public officers to be given the benefit of the advice of the State Attorney-General thereon, except with the express authority of the State Attorney-General, the gist of so much only of the advice as is necessary shall be given.