Legal Services Policy

1. The purpose of our policy 

This policy sets out the principles under which Adelaide University engages external lawyers for the provision of legal services. It establishes the governance-level responsibilities for legal service requests, approvals, and engagement decisions.

This policy authorises the Legal Services Procedure.

2. Who our policy applies to

2.1 Inclusions

This policy applies to the provision of legal services to:

• Adelaide University
• directors and officers of controlled entities, under relevant Deeds of Indemnity and subject to the terms of those deeds
• academic and professional staff members 
• honorary titleholders
• contractors
• Adelaide University activities and operations whether in Australia or elsewhere.

2.2 Exclusions

This policy does not apply to:  

• legal services provided by or through the legal clinics operated by or with the support of Adelaide University’s School of Law
• the engagement of independent legal advisors where: 
  • advice is provided by a legal provider to and for the benefit of an individual staff member or a member of the governing body, and
  • Adelaide University is not the client or beneficiary of the advice. 

In both cases, the engagement must be authorised under an existing delegation, in accordance with the Delegation Policy.

3. Our Legal Services principles

3.1 We provide legal advice through our designated legal teams.

The [Office of the General Counsel (OGC)] is responsible for the provision of legal services to Adelaide University. Legal services may only be provided by in-house lawyers within the [OGC], or by external lawyers in accordance with this policy and the Legal Services Procedure.

While staff outside of the [OGC] may offer advice to Adelaide University within their area of expertise, such advice may not be characterised as legal advice and will not be entitled to protection under principles of legal professional privilege.

3.2 We prefer to use our in-house legal team.

Wherever possible, Adelaide University uses its in-house lawyers. External lawyers may only be engaged where necessary.

3.3 We only engage external legal providers who are approved. 

Only approved providers may be engaged to advise Adelaide University. Subject to the [Procurement Policy], the [OGC] sets, reviews and monitors approved provider appointments.

3.4 We manage the engagement of external providers in sensitive or confidential matters. 

Sensitive or highly confidential issues may be referred directly to the General Counsel at any time. The scope of a particular engagement, and the instructions to an external provider (including variations and amendments), are within the authority of the internal client, on the recommendation by the relevant business partner, and remain subject to review by the General Counsel. 

3.5 We may appoint alternate legal providers in defined circumstances.

Where an approved provider cannot be used or an alternative is required (such as in joint ventures or multi-party arrangements), an alternate provider may be appointed.

In urgent or exceptional cases, an alternate provider may be engaged where it is in Adelaide University’s best interests. Unless otherwise directed by the General Counsel, or with an exception approved by the [OGC] or directed by the Vice Chancellor and President or the Deputy Vice Chancellor - Corporate, approved providers must not be engaged to advise on Adelaide University's: 

• enabling legislation, subordinate legislation or associated instruments
• governance frameworks, protocols or rules.

4. Definitions used in our policy

Please refer to our Adelaide University Glossary for a full list of our definitions.

Alternate provider means a legal services provider not designated by the [Office of the General Council (OGC)] as an approved provider but approved by the [Office of the General Council (OGC)] to provide legal services to Adelaide University, or to an entity of which Adelaide University is a member, on a particular matter due to specific requirements (for example, funding or insurance).

Approved provider means a legal services provider designated by the [Office of the General Council (OGC)] to provide legal services to Adelaide University.

Controlled entity means a person, group of persons or body corporate over which Adelaide University has control.

Internal client means a college, school, portfolio, or functional area within Adelaide University that requires legal services, or for which the relevant business partner has requested legal services.

Relevant business partner means the internal business partner supporting an internal client (for example, People and Culture, Information Technology, Finance, Estates and Facilities, International and External Engagement, Research and Innovation, Indigenous, and Corporate).

Titleholder means any person upon whom Adelaide University has conferred an honorary academic title.

5. How our policy is governed

This policy is categorised, approved and owned in line with the governance structure of Adelaide University and the offices and officers listed below.

6. Legislation and other documents related to our policy

Refer to the [Delegation Policy] for all delegations at Adelaide University. 

7. History of changes

At the time of writing, Adelaide University’s organisational structure, position titles, and committee names have not been confirmed. Square brackets [ ] indicate placeholders for these details. Brackets are also used to identify policy elements that are subject to further decision-making or confirmation. These will be updated once final decisions are made.