Background
The New South Wales Government introduced the first whole-of-government panel for the provision of legal services on 1 July 2016. A second Legal Services Panel (New South Wales Panel) commenced on 1 July 2021 with an initial term of 3 years. The second New South Wales Panel was extended by the NSW government for a further 3 years, meaning the panel is currently due to expire on 30 June 2027. One further option, also for 3 years, is still available to the NSW Government.
The New South Wales Panel is administered by Transport for NSW, with each state agency appointing their own Contract Manager under the Panel Deed. There are currently 53 law firms appointed to provide legal services in seven sub-panels. The sub-panels are organised thematically, covering a total of 30 different areas of law. The provisions that regulate the Panel are contained in the Panel Rules and Panel Deed.
The current arrangement (TfNSW WS2395335079) commenced on 1 July 2021 and will end on 30 June 2027, unless extended to 30 June 2030 through exercise of the second option.
The pro bono provisions
Provisions relating to the National Pro Bono Aspirational Target
Under Clause 12(b) of the Panel Deed, if the Service Provider is a mid-size to large-size law firm, it must meet the National Pro Bono Target (Target) of 35 hours of pro bono work per lawyer per year. This is a reference to the Centre’s National Pro Bono Target.
Clause 2.1(j) of the Service Level Agreement (in Annexure B to the Panel Deed) also states that Service Providers must (as a minimum service standard) meet the Target of 35 hours of pro bono work per lawyer per year.
Provisions relating to pro bono reporting
Clause 12(c) of the Panel Deed requires Service Providers to maintain records in relation to Pro Bono Services, to demonstrate their performance against the Target to the Panel Contract Manager.
Under Clause 3.1.8 of the Service Level Agreement (in Annexure B to the Panel Deed), Service Providers must provide a report on the Pro Bono Services they provide in accordance with the Panel Deed in each Contract Year, and any financial year following the final Contract Year. The report is to be provided to the Panel Contract Manager (currently Transport for NSW).
Provisions relating to conflicts of interest
Under Clause 22.2 of the Panel Deed and Schedule 4 – Conflict Management Guideline of the Panel Rules, Panel firms may act against the State and any Agency in pro bono matters, so long as it does not give rise to a conflict of interest or breach any of the Panel firm’s obligations under the Panel Deed or Panel Rules.
For more information
Further information on the New South Wales 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.