Commonwealth Government Legal Services Panel

Until 2019 the Commonwealth Government followed a pre-approval model for external legal services providers called the Legal Services Multi-Use List (LSMUL). The introduction of ‘pro bono conditions’ in the LSMUL was a significant factor contributing to the growth of pro bono in Australia. The LSMUL was replaced in 2019 by the Whole of Australian Government (WoAG) Legal Services Panel.

The WoAG Legal Services Panel procurement model continues the Commonwealth’s leading role in encouraging legal services providers to undertake pro bono, with minimum pro bono obligations now imposed on firms successful in being appointed to the Commonwealth’s panel.

The WoAG Legal Services Panel is a single procurement model for all external legal services obtained by the Australian Government. The current Standing Offer (SON4072331) commenced on 1 July 2024 and will end on 30 June 2027 (with options to extend until 30 June 2029).

The WoAG Legal Services Panel imposes pro bono conditions through the Commonwealth’s Head Agreement, requiring all legal services providers to sign up to and meet the Centre’s National Pro Bono Target. The Head Agreement also uses the centre’s definition of ‘pro bono legal services’. This is the first time the Commonwealth has required legal services providers to meet the National Pro Bono Target, with earlier arrangements only requiring legal service providers to sign up and use their best endeavours to meet or exceed the Target. Although many firms appointed to the Commonwealth’s Panel did meet the National Pro Bono Target between 2019 and 2024, some undertook significantly fewer hours of pro bono work per lawyer per year. For example, in 2022-23, only 29 of the 61 firms appointed to the Commonwealth’s Legal Services Panel met the Target, with 32 failing to meet it.

Compliance with the Head Agreement terms for pro bono work is managed through annual reports submitted by legal services providers to the Commonwealth at the end of each financial year.

The Attorney-General’s Department agrees that legal service providers may act against the Commonwealth in pro bono matters where there is no conflict of interest.

As with Victoria, New South Wales, Western Australia and Queensland (all of which have whole-of-government panel models of legal service procurement), the number of firms on the WoAG Legal Services Panel is significantly less than those that were on the LSMUL. There are currently 51 legal services providers appointed to the new Commonwealth Panel. This means that many firms who formally made a pro bono commitment as a result of the LSMUL are no longer incentivised to do so by the Commonwealth. However, the Centre expects that these firms (many of them now Target signatories) will continue their commitment to pro bono work.

Further information on the Commonwealth Government Legal Services Panel can be found here.

You can also find more discussion of pro bono provisions in government tender arrangements, including a comparison of the arrangements put in place by the Commonwealth, Victorian, New South Wales, South Australian, Western Australian and Queensland Governments here.