Provision of ex gratia Legal Assistance

The Guidelines

Premier's Memorandum 19-01 contains guidelines for the provision of ex gratia legal assistance for Ministers, public officials and Crown employees.

Application procedure

Where ex gratia assistance is sought by a Minister, the application should be made in writing directly to the Attorney General. However, where the Attorney General is the applicant, the application is to be made to the Premier.

Where an application is made by a Departmental Head, his or her application should be forwarded to his or her Minister. After considering the application, the Minister should refer those applications that are supported to the Attorney General.

Where assistance is sought by a public official, his or her application should be made to his or her Departmental Head. A thorough Departmental investigation into the circumstances giving rise to the proceedings must be undertaken.

After considering the application, the Departmental Head should refer those applications that are supported and the results of any Departmental investigation to the Director General, Department of Communities and Justice. An application may be accepted from a delegate of the Departmental Head with the Director General's prior approval.