(1) This Policy is effective from 23 May 2022. (2) This Policy outlines: (3) This Policy applies where a faculty, institute, administrative division or other area of the University requires legal services in relation to the business and interests of the University (other than applications for patent protection which are managed by Deakin Research and Innovation Portfolio). It also applies to legal services for controlled entities unless alternate arrangements are put into place with the approval of the Office of General Counsel. (4) This Policy applies to all communications with law enforcement agencies and external parties regarding the disclosure or release of corporate information and records, excluding communications expressly set out in clause 12. (5) The procurement and provision of legal services in relation to the business and interests of the University is the responsibility of the Office of General Counsel. All requests for legal advice and services are to be made to the Office of General Counsel. (6) Legal advice provided to the University by the Office of General Counsel is subject to legal professional privilege. Staff must uphold the University’s entitlement to legal professional privilege unless waived by the Vice-Chancellor or relevant member of the Executive Leadership Team. Further information on legal professional privilege can be accessed at the Office of General Counsel staff webpage. (7) The Office of General Counsel will provide legal services to the University using its team of in-house lawyers where possible recognising that a centralised legal function: (8) External lawyers may be engaged by the Office of General Counsel on behalf of the University where: (9) The Office of General Counsel may provide legal services to controlled entities where there is no conflict between the interests of the University and the controlled entity, the matter has sufficient connection to the core business and interests of the University and the Office of General Counsel has relevant expertise and resources available to conduct the matter. (10) The Office of General Counsel does not provide legal advice or legal services to officers or staff in relation to any matter not directly arising out of or related to the University’s interests; or to students of the University. The Office of General Counsel may arrange for officers or staff of the University to obtain or receive independent legal advice in exceptional circumstances. (11) The University’s General Counsel: (12) Nothing in this Policy is intended to prevent: (13) The University may take action against a staff member or associate who fails to comply with this Policy in accordance with the Staff Discipline procedure. (14) The following procedure documents how to comply with this Policy: (15) For the purpose of this Policy:Legal Services policy
Section 1 - Preamble
Section 2 - Purpose
Top of PageSection 3 - Scope
Section 4 - Policy
Legal services
Communications with law enforcement agencies and external parties
Staff discipline
Section 5 - Procedure
Section 6 - Definitions
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and no other staff member or associate is authorised to perform these functions.