Ethics and integrity

This page has practical information to help Australian Government lawyers understand their role in the context of integrity and ethics.

All Australian Government lawyers can access the resources on this page. Check back regularly for more resources and updates on ethics and integrity aspects of Australian Government legal practice.

Fundamentally, the project of a government lawyer is to facilitate and promote good government to the benefit of the Australian community… The uniqueness of the role of government lawyers in upholding the rule of law has to do, firstly, with the nature of the government lawyer's client. And it has to do, secondly, with the government lawyer's place as a locus, within government, of a culture of legality…

– Justice Jacqueline Gleeson, 2022

What is it to be a lawyer to government in the true sense? It reduces to 3 traits… The first trait, common to any good lawyering, is intellectual rigour. Intellectual rigour has at its base honesty and intelligence and implies consistency. The second trait is creativity: the ability not only to see problems, but to create solutions… Those are the 2 traits you’ll find in any good lawyer.

The trait unique to government lawyering (or at least most strongly displayed in government lawyering) is a sense of purpose. The sense of purpose is not adequately captured in the notion of acting for a client; it transcends the issues of the moment and the government of the day. It involves adherence to a concept of a continuing polity, the fabric of which is held together by enduring principles and values consistently recognised and acted upon.

– (now) Chief Justice Stephen Gageler, 2016

Issues of integrity and ethics are central to the way Australian Government lawyers operate. Like all lawyers, Australian Government lawyers must balance their duties to their client with their duties to the administration of justice and the courts.

Like all lawyers who practice in an in-house environment, Australian Government lawyers must maintain their professional independence while working closely with those they advise. In addition, Australian Government lawyers must recognise that their client wields considerable power to affect the lives of Australians, and the gravity of that responsibility brings into focus the importance of lawyers advising ethically and with integrity.

Key AGLS resources

The following resources set out what is expected of you as an Australian Government lawyer, and of General Counsel (heads of legal practices).

• Statement of expectations of Australian Government lawyers
• General Counsel Charter

Training and upcoming events

AGLS Practical Ethics Training is a 90-minute face-to-face session that will explore the fundamentals of professional practice as a government lawyer, with a particular focus on ethical responsibilities.

Publications of interest

Read key insights on what it means to be a government lawyer from an ethical perspective.

• Speech by Justice J Gleeson to the AGS Administrative Law Forum, 30 November 2022
  Thinking About the Bigger Picture: Government Lawyers and Australian Democracy [PDF 171 KB]
  This speech is published on the High Court of Australia website.
• Article from a speech by (now) Chief Justice Gageler, April 2016, reproduced courtesy of Australian Government Solicitor magazine
  What It Is to Be a Government Lawyer [PDF 404 KB] 
  This article is published on the High Court of Australia website.
• Paper by Adam M Dodek on the Social Science Research Network (SSRN), 26 November 2010
  Lawyering at the Intersection of Public Law and Legal Ethics: Government Lawyers as Custodians of the Rule of Law

Law societies of the states and territories

Your state or territory’s law society may have information on local requirements and resources.

• ACT: Law Society of the Australian Capital Territory
• NSW: Law Society of New South Wales
• VIC: Law Institute Victoria
• QLD: Queensland Law Society
• SA: The Law Society of South Australia
• NT: Law Society NT
• TAS: Law Society of Tasmania
• WA: Law Society WA

AGLS Integrity, Ethics and Culture Committee

Established by the AGLS Board in 2024, the purpose of the Integrity, Ethics and Culture Committee is to promote understanding of the role and responsibilities of Australian Government lawyers in the context of integrity and ethics.

To find out more about the committee’s purpose and membership, read the committee’s charter.

Ethics Advisory Service

The Ethics Advisory Service (EAS), provided by the Australian Public Service Commission, is available to all Australian Public Service (APS) employees who wish to discuss and seek advice on ethical issues that arise in the workplace. The EAS offers options, considerations, and strategies to help clients work through ethical issues and dilemmas, and to assist them to make sound judgements and choices.

The EAS can provide guidance and advice tailored to the unique and often complex ethical challenges that government lawyers face, including navigating conflicts that can arise between professional obligations.

How the EAS can assist government lawyers

• Receive expert, confidential advice on ethical issues – whether straightforward or complex – that arise for APS employees undertaking government legal work.
• Support ethical decision-making in government legal practice and apply the APS Values and Code of Conduct.
• Clarify your obligations as an APS employee when balancing legal duties to your government client, courts and the broader public interest.

How to access the EAS

The service is available Monday to Friday from 9:00 am to 5:00 pm AEST/AEDT. All APS employees can access it, regardless of your agency, role or level of experience.

Phone: 02 6202 3737
Email: ethics@apsc.gov.au

For more information, visit the Ethics Advisory Service webpage.

Feedback and queries

We are always open to feedback and suggestions to make this resource better for users. If you have any suggestions or general questions about matters of ethics and integrity, please send them to agls@governmentlawyers.gov.au.