VGSO exclusive services

Schedule 3 VGSO exclusive services

All matters:

(a) relating to the roles of, or involving, the Attorney-General as first law officer of the State of Victoria

(b) relating to the Royal Prerogative of Mercy

(c) where there is no obvious contradictor

(d) relating to the establishment and powers of Royal Commissions, Boards of Inquiry, Formal Reviews under the Inquiries Act and other public inquiries (whether executive or parliamentary inquires) and the powers of implementation monitoring mechanisms arising from any such Royal Commission, Board of Inquiry, Formal Review or public inquiry

(e) relating to representation of Victorian Courts and Tribunal or judicial officers (except for personal injuries matters)

(f) arising under, or involving the interpretation of, the Victorian Constitution

(g) relating to the powers and privileges of the arms of the Victorian government, including executive privilege and executive power, Parliament (including its committees) or Cabinet (including its committees) but not individual legal requests of members of Parliament

(h) arising under, or involving the interpretation of, the Commonwealth Constitution

(i) relating to the Governor

(j) relating to the establishment and structuring of co-operative or uniform legislative schemes or referrals of legislative power to the Commonwealth

(k) relating to intergovernmental agreements or relations (including interjurisdictional and international)

(l) relating to allegations by the State of contempt of court, except where the Director of Public Prosecutions is handling the matter

(m) relating to First Peoples-State relations, treaty, native title or the Traditional Owner Settlement Act 2010

(n) relating to the Charter of Human Rights and Responsibilities Act 2006

(o) relating to matters of special significance, sensitivity or which have whole of Victorian government implications: 

  • resolution of disputes between departments and/or agencies of the State
  • management of governance and decision making arrangements between departments  and/or agencies of the State in relation to multi-agency litigation (e.g. class actions against the State)
  • disputes between, or joint requests for advice from agencies as to the interpretation of legislation, or the application of the common law
  • public interest immunity, in whatever context it arises 
  • composition, jurisdiction and rules of quasi-judicial bodies
  • matters relating to policing requiring governmental confidentiality)
  • industrial relations and employment law matters that impact all employees of the State (for example, novel questions regarding the Public Administration Act 2004 or the referral of State industrial relations powers)

(p) relating to powers of coroners in coronial inquests

(q) relating to powers of Victorian integrity bodies

(r) relating to a prosecution where the Attorney-General has decided to exercise the functions or powers of the Director of Public Prosecutions in response to a request made under section 29(1) of the Public Prosecutions Act 1994

(s) relating to the interpretation of legislation and the exercise of powers of the State to make declarations or proclamations in response to public emergencies and natural disasters, including: 

  • gas or energy supply emergency powers
  • public health powers
  • arrangements with the Commonwealth government regarding a Commonwealth natural disaster declaration

(t) relating to the interpretation of the application of Victorian public sector governance legislation other than of a routine nature, including the Public Administration Act 2004, Audit Act 1994, Appropriation Acts, Electoral Act 2002, Crown Proceedings Act 1958 or a General Order

(u) relating to Commonwealth, State and local government elections, and other elections that the Electoral Commissioner is required to conduct by statute

(v) relating to judicial review, when more than one Department or Agency is involved

(w) involving briefing the Solicitor-General,

subject to any policy or direction issued by the Attorney-General from time to time.