Mr Murphy asked the Minister for Employment and Workplace Relations, upon notice, on 1 December 2003:

(1) Further to the answer to question No. 2470 (Hansard, 24 November 2003, page 22592), how effective is this policy in preventing departments and agencies retaining such legal practitioners.

(2) What legally binding effect and standing does this policy have at law.

(3) Can any person challenge at law an appointment of a barrister or solicitor, or other legal practitioner, by a Commonwealth Government agency where that legal practitioner has been previously declared bankrupt; if so, who; if no person can challenge the appointment, what action will he take to ensure that the law is changed such that those appointments may be challenged; if no action will be taken, why not.

(4) Will he recommend that this policy be given legislative force; if so, when; if not, why not.

Mr Andrews (Minister for Employment and Workplace Relations and Minister Assisting the Prime Minister for the Public Service) —The answer to the honourable member's question is as follows:

(1) The policy has been effective in that, as far as the department is aware, the services of no Barrister or Solicitor who has previously been made bankrupt have been retained.

(2) It has no legally binding effect or standing at law.

(3) Under paragraph 4.1 of the Attorney-General's Legal Services Directions, the Attorney-General could instruct an agency to change its lawyers.

(4) Changes to the law in relation to the engagement of Barristers and Solicitors by the Commonwealth are matters for the consideration of the Attorney-General.