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Old 5th Aug 2012, 12:19
  #261 (permalink)  
Sarcs
 
Join Date: Apr 2007
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Oh yes the Model Litigant rules another suite of rules supposedly designed to protect ordinary citizens from being done over by a Federal Agency.

Here's part of a letter of reply from the Office of Legal Services Coordination to an 'ordinary citizen' questioning whether certain Federal Agencies had breached the Model Litigant Rules:
OLSC monitors compliance with the Directions, including ensuring the Commonwealth and its agencies act in accordance with the model litigant obligation at paragraph 4.2 and Appendix B to the Legal Services Directions 2005 (Directions). The Directions are enforceable only by the Attorney-General. They are not enforceable by a court, tribunal, or other similar body.
The Directions apply only to Commonwealth agencies engaged in claims or proceedings of a civil nature. OLSC does not review the conduct of agencies in criminal proceedings. General Note 4 to the Directions specifies that “the Directions are not intended to cover the handling of criminal prosecutions and related proceedings unless expressly referred to.”
Basically the OLSC cannot do much other than make recommendations or put in place flowery sanctions i.e. "you have been a nasty Federal Agency but..carry on!"

It is just another legal 'feel good' gesture that Federal agencies, like CASA, simply pay 'lip service' to!
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