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Scope of legal advice

Section 26

Section 26 of the Act provides that legal advice shall consist of any oral or written advice given by a solicitor or by Counsel.

However, except in international protection cases, law centres only have delegated sanction to grant legal advice provided by a law centre solicitor.  They do not have sanction to seek advice from Counsel or any other professional. If advice from Counsel is required, they must make an application to Legal Services for authority to seek Counsel’s opinion.

 In international protection cases, law centres have delegated sanction to:

  • Grant legal advice provided by a member of the international protection solicitors’ panel
  • Grant a medico-legal report, in cases where allegations of torture having occurred are raised by the applicant