The table below compares the pro bono provisions of the Commonwealth, Victorian, New South Wales, South Australian, West Australian and Queensland Panel arrangements.
All references in the table below to the “Target” refer to the National Pro Bono Target. See here for further details.
| Cth | Victoria | New South Wales | South Australia | Western Australia* | Queensland | |
| Is pro bono an enforceable condition of the tender arrangement? | YES All legal services providers must sign up to and meet (or exceed) the Target. If a default is not or cannot be remedied, the Panel Head Agreement may be terminated. | YES Delivery of Pro Bono Services or (if approved) payment in lieu is a condition of the Panel Deed. Failure to deliver may result in suspension from the Panel. | YES Endeavouring to meet the Target of at least 35 hours per lawyer per year is a condition of the Panel Deed. If a default is not or cannot be remedied, the Panel Deed may be terminated. | NO Panel firms are required to be a signatory to the Target. The arrangements are designed to encourage new and existing Panel firms to undertake pro bono legal services. | NO | YES The Panel Manager will work with Suppliers to achieve their obligations under the SOA as part of the performance management process. Failure to deliver may result in suspension or termination of the SOA. |
| Is the weighting attributed to pro bono discretionary? | YES | NO | YES | — | NO | — |
| Is Pro Bono Work / are Pro Bono Services defined with reference to the Australian Pro Bono Centre’s definition? | YES | NO Pro Bono Services must be delivered to a Priority Group in Victoria and fall within the meaning of Approved Causes, which is broader than the Centre’s definition of “pro bono legal services”. | YES | YES | YES However, the Model requires firms to commit to undertake pro bono work for “approved causes”, which modifies the types of Pro Bono Services delivered under the Model. | NO Pro Bono work is not defined. However, suppliers must report on their pro bono work under the National Pro Bono Target reporting framework. |
| Is Pro Bono Work / are Pro Bono Services measured on the basis of hours per lawyer per year? | YES | NO Pro Bono Services are measured by their financial value, based on the relevant lawyer’s hourly rate under the Panel arrangements, or their normal hourly rate. | YES | YES | NO Each firm is required to commit to undertake pro bono work for “approved causes” in WA to the value of at least 10% of the value of the firm’s Government legal work. | YES |
| Are firms required / encouraged to adopt the National Pro Bono Target? | YES Firms must be Target Signatories, and must meet or exceed the target of 35 hours per lawyer per year. | NO Firms must provide Pro Bono Services to the value of an agreed percentage of the total fees paid to the firm under the Panel arrangements annually. Firms can seek approval to make a payment in lieu of Pro Bono Services. Further requirements exist for firms to provide pro bono secondment services to Victorian CLCs. | YES Firms must endeavour to meet the Target of at least 35 hours per lawyer per year. | YES Firms are required to become Target signatories. | YES Firms must be Target Signatories. | YES Suppliers must be Target Signatories. This requirement does not apply to small businesses or organisations who provide legal resources only. |
| Can Pro Bono Work / Pro Bono Services performed in another jurisdiction be counted? | YES Pro bono work performed in any Australian jurisdiction can be counted. | YES Pro Bono Work performed elsewhere can be counted if the definition of Priority Group and Approved Causes is met. In practice, this limits Pro Bono Work from counting unless it benefits the Victorian community. | YES | N/A | NO Firms must commit to undertake pro bono work for “approved causes” in Western Australia. | YES |
| Do firms have any reporting obligations? | YES Firms must report annually to the Attorney-General’s Department 20 business days after the end of the preceding financial year. | YES Firms must report quarterly to the Contract Manager by 31 December each year. | YES Firms must report to the Contract Manager annually. | YES Firms must report annually to the Crown Solicitor’s Office. | YES Firms must report annually to the State Solicitor’s Office within 12 weeks of the completion of the financial year. | YES Suppliers report to the Panel Manager annually. (does not apply to organisations who provide legal resources only). |
| What matters need to be reported? | • total number of pro bono hours • pro bono hours per lawyer per year. | • Matter name of each Pro Bono Service • Brief description of each Pro Bono Service • Nature of Pro Bono Service for each Pro Bono Services • Name of Recipient or Referral service • Value of each Pro Bono Service • Location of Pro Bono Service • Hours of Pro Bono Service of each lawyer employed by Service Provider | • total number of pro bono hours • pro bono hours per lawyer per year • whether a Target signatory • type of activities • internal aspirational target. | • confirmation the firm is a Target signatory | • confirmation the firm is a signatory to the Target. • total amount of legal fees charged by the firm to the WA Government. • total hours of pro bono legal services (on approved causes AND under the Australian Pro Bono Centre’s National Pro Bono Target). • total dollar amount and hours of pro bono legal services provided by the firm for “approved causes”. • whether the total dollar amount of pro bono legal services on approved causes is at least 10% of the total amount of legal fees charged by the firm to the WA Government. • number of FTE lawyers. • hours of pro bono legal services on approved causes per lawyer. • internal pro bono legal services hours per lawyer target (if any). • brief overview of pro bono activities. | • number of hours of pro bono legal work performed per lawyer (does not apply to small businesses) • case study on pro bono work completed in Queensland during the prior year. |
| Does the government report on Pro Bono Work / Pro Bono Services provided as part of the tender arrangements? | YES | NO | YES The results are reported annually in the NSW Government Legal Services Panel Annual Report. | NO | YES The Attorney General will table reports in Parliament annually. Reports will also be published by the State Solicitor’s Office. | NO |
| Is there any formal conflicts protocol? | YES Firms may act against the Commonwealth in pro bono matters where there is no conflict of interest (and to do so would not raise a conflict of interest). | YES The Panel Deed acknowledges it is appropriate for Panel firms to act against the State in pro bono matters where there is no conflict of interest: clause 21.2 of the Panel Deed. | YES The Panel Deed acknowledges it is appropriate for Panel firms to act against the State in pro bono matters where there is no conflict of interest: clause 22.2 of the Panel Deed. | YES The Terms of Engagement acknowledges it is appropriate for Panel firms to act against the State in pro bono matters where there is no conflict of interest: clause 24.2 | YES A Pro Bono Coordinator located at the State Solicitor’s Office will manage conflicts of interest that may arise for law firms undertaking pro bono legal services where the Government is the counter-party. Firms can provide pro bono services against the State as long as it does not give rise to a legal conflict of interest. Departments and agencies cannot discriminate against firms that act against the State in pro bono matters. | YES Suppliers must comply with the Principal’s conflict of interest policy including seeking consent prior to acting against the State. |
*Western Australia’s legal services procurement arrangements are under evaluation in 2026.