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Last updated: 07 May 2010
Counsel in OPC are often able to give the department guidance about the
best way to instruct them. This section sets out some general guidance
on how to prepare instructions to draft, and also on the form of
instructions. But not every case is the same and sometimes the
department will be unsure how to proceed in the circumstances.
For example, in the case of a Bill wanted in an unusual hurry, it may
be desirable to discuss with Counsel how best to short-circuit the
normal procedures. Or it may be helpful to ascertain how much
background it is useful to provide to an OPC team who may already be
familiar with the area of law concerned.
Questions also often arise about the extent to which it is possible or
sensible to instruct on a contingent basis, in advance of ministerial
or collective decisions.
Departments in any degree of uncertainty about how to instruct in a
particular case should approach the leader of the OPC team allocated to
the Bill for advice.
