Media Policy and Protocols - Legal Aid NSW · 3 Legal Aid NSW media policy and protocols - Last updated July 2018 Policy overview Scope and purpose of this policy This media policy

Media Policy and Protocols

Item Description

Policy description This policy outlines the procedures to be followed by Legal Aid NSW staff when interacting with the media

Division Executive Unit

Executive Director CEO

Contact William Verity, Senior Communications Advisor, 9219 5669,

Date approved December 2008

Next review By August 2019

Key words media, journalist, comment, press, inquiry, spokesperson, Senior Communications Advisor, interview, consent form, code of conduct

Revision History

Date Version Reviewed by Changes made

Date of first revision March 2016 Geesche Jacobsen Update/Review

Date of second revision July 2018 William Verity Update/Review

Date closed

Printed copies of this document may not be up to date. Ensure you have the latest version before using this document.

1 Legal Aid NSW media policy Last updated July 2018

2 Legal Aid NSW media policy and protocols - Last updated July 2018

Table of Contents 1. Why do we need a media policy? ........................................................................................ 4 2. What do we mean by media? ............................................................................................... 4 3. Who does the policy apply to? ............................................................................................. 4 4. Who is responsible for managing media liaison? ................................................................. 5 5. Who is authorised to speak to the media? .......................................................................... 5

5.1. Media inquiries and requests for filming and recording ......................................... 5 5.2. Publicly available information of a general nature ................................................. 5 5.3. Inquiries about civil, criminal or family law ............................................................ 6 5.4. Inquiries about a specific court case ...................................................................... 6

5.4.1. Factual information ............................................................................ 6 5.4.2. Comment ............................................................................................ 6

5.5. Sensitive, contentious, political and organisational inquiries ................................. 6 5.6. Initiating media contact .......................................................................................... 7

5.6.1. Generating media interest and increasing community awareness…..7 5.6.2. Responding to incorrect information or misquotes ............................ 7 5.6.3. Presenting seminars or papers… ......................................................... 7

6. How do I handle a media inquiry? ...................................................................................... 8 6.1. Media protocols ..................................................................................................... 8 6.2. Out-of-hours media inquiries ................................................................................. 8

7. Other media relations. .........................................................................................................8 7.1. Unacceptable media interactions .......................................................................... 8 7.2. Whistleblowing to the media .................................................................................. 9

8. Speaking to the media in a capacity other than as a representative of Legal Aid NSW ........ 9 9. Breaches of the media policy ............................................................................................. 10

Media Protocols

A. Protocol for managing phone calls from the media .......................................................... 11 B. Protocol for speaking to journalists at court ..................................................................... 12 C. Protocol for providing media comment about a court case .............................................. 13 D. Protocol for handling requests to interview clients.......................................................... 14 E. Protocol for media interviews ........................................................................................... 15

Appendix A: Client Consent Forms

1. Client Consent Form – written consent ............................................................................ 17 2. Client Consent Form – verbal consent .............................................................................. 18 3. Media image consent form ................................................................................................ 19


Policy overview

Scope and purpose of this policy

This media policy is intended to provide a guide to staff interaction with members of the media. This policy is designed to ensure that any comments made to the media are consistent, in accordance with Legal Aid NSW policy, and do not breach any of the provisions of the Legal Aid Commission Act 1979 (the Act) or any other requirements.

Applicability and target groups

All Legal Aid NSW staff must comply with this policy. Managers should insure that all relevant staff members know about this policy and how to apply it.

If anything in this policy is unclear, or you are unsure about how to apply the policy, contact the person listed on the cover page of this policy.

Legislative environment

This policy takes into account the obligations of staff under sections 25 and 26 of the Legal Aid Commission Act 1979.

Definitions and abbreviations For the purposes of this policy, all representatives of media organisations, including reporters, researchers, managers and technical staff, are referred to as journalists.

The media includes newspapers, magazines, journals, bulletins, newsletters, radio programs, television programs and electronic media such as online journals, online news websites including alternative news websites, weblogs, podcasts, electronic newsletters, electronic noticeboards and social media sites.

Monitoring, evaluation and review This document is to be reviewed every three years. The last review was in July 2018. See cover page of this policy for more information about changes to the policy since its release.

Further information, additional resources & associated documents This policy should be read in conjunction with the Legal Aid NSW Code of Conduct.

Depending on the circumstances, non-compliance with this policy may constitute a breach of employment or contractual obligations or misconduct under the Legal Aid NSW Code of Conduct.

http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?TITLE=%22Legal%20Aid%20Commission%20Act%201979%20No%2078%22&nohits=y


http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0020/5816/Code-of-Conduct-Policy.pdf


1. Why do we need a media policy?

Media coverage of the work and activities of Legal Aid NSW and its staff can provide a valuable opportunity to promote the work of the organisation. However, any contact between Legal Aid NSW staff and the media carries the risk that Legal Aid NSW will be exposed to negative scrutiny or misrepresentation, perhaps unintentionally.

This policy outlines the procedures to be followed by Legal Aid NSW staff when interacting with the media.

The policy will help to ensure that any comments made to the media are consistent, in accordance with Legal Aid NSW policy, and do not breach any of the provisions of the Legal Aid Commission Act 1979 (the Act) or any other requirements.

2. What do we mean by the media?

For the purposes of this policy, the media includes newspapers, magazines, journals, bulletins, newsletters, radio programs, television programs and electronic media such as online journals, online news websites including alternative news websites, weblogs, podcasts, electronic newsletters, electronic noticeboards and social media sites. It does not include the intranet or internet websites of Legal Aid NSW. For information on the approval process for posting to these sites, please refer to the web content management policy on the Policies & Procedures/ Communications page of the intranet.

For the purposes of this policy, all representatives of media organisations, including reporters, researchers, managers and technical staff, are referred to as journalists.

3. Who does the policy apply to?

The policy applies to all Legal Aid NSW staff. This includes permanent staff, temporary staff or appointees, contractors, volunteers, work experience staff and university students on placements. It also applies to consultants to Legal Aid NSW. The policy does not apply to privately briefed solicitors and counsel; however the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 and the Legal Profession Uniform Conduct (Barristers) Rules 2015 impose certain non-disclosure restrictions to which solicitors and counsel are required to adhere.

The policy applies to both the Central Sydney office and branch offices.



http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0003/9660/Web-content-management-policy.pdf

http://www.legislation.nsw.gov.au/sessionalview/sessional/sr/2015-244.pdf





4. Who is responsible for managing media liaison?

The Senior Communications Advisor is responsible for managing all liaison between staff and the media. In particular, the Senior Communications Advisor manages media inquiries from media outlets, writes and distributes media releases on behalf of Legal Aid NSW, develops and executes media strategies for the handling of major announcements or policy changes, monitors media reporting and briefs the Chief Executive Officer (CEO) and relevant Directors on pertinent media reports.

If you have any questions about this policy, or want to find out who has been delegated to speak to the media on any given subject, or require media training, please contact the Senior Communications Advisor.

The current Senior Communications Advisor, William Verity, who can be contacted on 9219 5669 or 0436 610 649. Another staff member can be authorised by the CEO to act as the Media Advisor from time to time.

5. Who is authorised to speak to the media?

5.1 Media inquiries and requests for filming and recording

Any media inquiry – whether seeking comment or information, or permission to take a photograph or produce an audio or video recording of Legal Aid NSW staff and/or clients – should be directed to the Senior Communications Advisor. The Senior Communications Advisor is responsible for liaising with the media to obtain details of their inquiry, provide an authorised response to the journalist, and, where appropriate, facilitate an interview with a Legal Aid NSW spokesperson.

Who is authorised to speak to the media depends upon the type of media inquiry, as outlined below. The Senior Communications Advisor will obtain approval from the CEO and/ or the Director as appropriate and advise staff if they have been authorised to speak to the media.

Anyone authorised to provide media comment should follow the relevant protocols at the end of this policy.

5.2 Publicly available information of a general nature

All staff are authorised to provide to the media basic publicly available information on matters of a general nature such as:

office locations and opening hours

services provided by Legal Aid NSW, for example, advice clinics, alternative dispute resolution, veterans advocacy, outreach services

copies of Legal Aid NSW publications such as brochures, policy print outs and annual reports

Staff should only provide such factual information and avoid making any comment or opinion. If a staff member provides any such information or printed material to a journalist, he or she should immediately advise the Senior Communications Advisor.

mailto:[email protected]


5.3 Inquiries about civil, criminal or family law

Staff who are experts in their particular field (accredited or otherwise) may in certain circumstances provide comment to the media, but only if approved first by the CEO.

Such authorisation might be an ongoing authorisation specific to a position holder. Alternatively, the authorisation might be for a restricted period of time or in relation to a restricted topic area or both.

When media comment is limited to general information including the promotion of services, such as outreach and clinic locations, staff who are experts in a particular field may receive authorisation from their Directors to provide media comment about details of these services.

5.4 Inquiries about a specific court case

5.4.1 Factual information

Legal Aid NSW staff who are solicitors and advocates involved in a court case that has attracted media interest are authorised to provide basic, factual information to journalists at court; for example, the correct spelling of names or locations, the correct wording of charges or other information provided in open court.

An exception is if a non-publication order of the court or a legislative provision (for example, a provision preventing the name of a child involved in a court proceeding from being published) prohibits the publication of such information.

In any dealing with journalists at court, solicitors and advocates are required to follow the Protocol for speaking to journalists at court, below. The prior consent of the client must also be obtained – see Annexure A for client consent forms.

5.4.2 Comment

Legal Aid NSW staff who are solicitors and advocates may only provide comment to the media about a court case in certain circumstances, and only with the prior approval of the CEO.

In the event that a solicitor or advocate is granted authorisation to provide media comment, that person is required to follow the Protocol for providing media comment about a court case, below.

If a case is likely to gain substantial media attention, the solicitors or advocates involved should contact the Senior Communications Advisor before going to court to discuss how to manage the media. Solicitors and advocates should not provide comment if to do so would be in breach of a legislative provision that restricts the publication of case details or a non-publication order of the court.

5.5 Sensitive, contentious, political and organisational inquiries

Only the CEO is authorised to make official comment to the media about sensitive or contentious issues, issues of a political nature, or issues relating to Legal Aid NSW funding, organisational structure or management. Media inquiries to be managed by the CEO with the advice of the Senior Communications Advisor include those in relation to:

State or Commonwealth government policy or legislation

the activities of other government agencies

Legal Aid NSW policies and/or policy decisions; and


the conduct of Legal Aid NSW staff members

The CEO can authorise other staff members to speak to the media on his or her behalf in relation to any issue.

5.6 Initiating media contact

5.6.1 Generating media interest and increasing community awareness

Any proposals for initiating media contact should be discussed in advance with the Senior Communications Advisor, who will provide advice about the proposal, seek authorisation and liaise with the media about the issue if approved.

The CEO can authorise the Senior Communications Advisor or other staff with the relevant expertise to initiate media contact for reasons such as:

generating media interest about a new Legal Aid NSW initiative; or

increasing community awareness and understanding of our services; or

promoting awareness of a particular problem affecting our client base.

For example, this might be by way of:

issuing media releases

organising media conferences

giving interviews with journalists, including TV and radio appearances

organising public meetings which the media is invited to attend

posting content on electronic community billboards or social media

community service radio announcements and radio advertisements

editing an interactive presentation for publication on a website

writing letters to the editor or providing information to journalists

writing or contributing to legal columns in journals or magazines

Staff with the relevant expertise may draft their own media releases, but these should be reviewed by the Senior Communications Advisor, unless otherwise authorised. The Senior Communications Advisor will arrange for the CEO and/or the Director to approve all material to be provided to the media.

Media releases or media statements on behalf of Legal Aid NSW should not be issued without the knowledge of the Senior Communications Advisor or without prior authorisation. They should only quote authorised spokespeople.

5.6.2 Responding to incorrect information or misquotes

If an article or report appears in the media containing an inaccurate quote from a Legal Aid NSW officer or incorrect information about Legal Aid NSW, the CEO will determine the appropriate response. If staff become aware of any such errors they should bring them to the attention of the Senior Communications Advisor who will inform the CEO and advise on the appropriate response.

5.6.3 Presenting seminars or papers

Staff who give a presentation or paper in their capacity as a Legal Aid NSW employee at a conference, seminar, public meeting or other event must have the contents of the seminar or

paper approved by their Director before it is presented. This only applies to events where publicity via social or other media are expected. While non-controversial meetings such as CLEs do not need approval, common sense applies. When in doubt, notify


your director and the Senior Communications Advisor. Approval of the CEO is required for publication of a paper (for example, on an external website other than the Legal Aid NSW website, or in conference papers). The CEO may at times delegate the power to approve a paper to a Director.

5.6.1 Posting on Legal Aid NSW social media sites

Social media sites are increasingly important public communications tool for organisations, including Legal Aid NSW. Social media sites allow Legal Aid NSW to communicate directly with community workers, lawyers, clients and other members of the public.

Legal Aid NSW maintains two official social media sites, a Twitter account and a Facebook page. In addition, Legal Aid NSW has a number of videos placed on YouTube. The sites are run by the Communications team in the Executive Unit. Only authorised staff are allowed to post content on the official Legal Aid NSW social media sites.

The Publications and Social Media Officer coordinates the posting of content on social media sites under supervision by the Communications Manager and/ or the Senior Communications Advisor. All content should be in line with Legal Aid NSW goals and objectives.

The Legal Aid NSW Social Media Policy further governs the official use of social media, as well as the private use of social media by staff.

http://intranet/Policies/IT/Documents%20%20Social%20Media/Social%20Media%20Policy.pdf


6. How do I handle a media inquiry?

6.1 Media protocols

The protocols for handling media inquiries, which must be followed in the relevant circumstances, are set out at the end of this Media Policy under the following headings:

A. Protocol for managing phone calls from the media B. Protocol for speaking to journalists at court C. Protocol for providing media comment about a court case D. Protocol for handling requests to interview clients E. Protocol for media interviews

6.2 Out-of-hours media inquiries

All out-of-hours media inquiries are to be handled by:

the Senior Communications Advisor, whose mobile number is available on the Legal Aid NSW website, or

the CEO; or

the relevant Director; or a staff member if they have been given prior approval to speak to the media in relation

to the matter that is the subject of the inquiry.

7. Other media relations

7.1 Unacceptable media interactions

Unacceptable media interactions include: providing comment or information, other than factual information, to the media,

whether directly or indirectly, without prior permission from the CEO and/or Director as provided in this Media Policy


initiating media contact without prior permission from the CEO and/or Director

sending a media release without prior permission from the CEO and/or Director

providing the media with confidential information about a client, including client contact details, without permission from the client and the CEO (see also the restrictions imposed by sections 25 and 26 of the Act)

allowing the media to enter Legal Aid NSW premises or take photographs, video or audio recordings without prior permission from the CEO and/or Director as relevant.

7.2 Whistleblowing to the media

Legal Aid NSW is committed to protecting staff who report wrongdoing in the workplace. The Public Interest Disclosure Policy establishes procedures for making, receiving, assessing and dealing with public interest disclosures in compliance with the Public Interest Disclosures Act 1994. This Act provides protection for staff reporting genuine concerns regarding corruption, maladministration, substantial waste of public money or government information contraventions.

Legal Aid NSW encourages open and fair treatment and respects individuals' rights to resolve problems or concerns about their employment or treatment as staff members in line with the relevant legislation.

There are internal and external mechanisms available to help resolve problems or concerns staff may have about their employment or the way Legal Aid NSW operates. Concerns or complaints are most appropriately directed through these mechanisms, rather than through the media.

Employees who genuinely believe they have been subjected to inappropriate workplace behaviour are encouraged to have their matter resolved internally within Legal Aid NSW using the processes available to them.

Where relevant, employees may have recourse to external agencies such as: the Anti-Discrimination Board of New South Wales

the Independent Commission Against Corruption

the New South Wales Ombudsman

the Industrial Relations Commission of New South Wales

WorkCover NSW

For more information, please see the Legal Aid NSW Code of Conduct.

8. Speaking to the media in a capacity other than as a representative of Legal Aid NSW

Section 7.3 of the Code of Conduct provides that staff, as individual members of the community, have the right to make public comment and enter into public debate on political and social issues.

However, there are some circumstances in which this is inappropriate – for example, situations when the public comment, although made in a private capacity, may appear to be an official comment on behalf of Legal Aid NSW. Staff should make every effort to avoid such situations. This includes avoiding comment in a private capacity when appearing in the media or at a public event in a capacity as a Legal Aid NSW employee.

http://www.legislation.nsw.gov.au/fragview/inforce/act%2B78%2B1979%2Bpt.2-div.5-sec.25%2B0%2BN?TITLE=%22Legal%20Aid%20Commission%20Act%201979%20No%2078%22&nohits=y&tocnav=y



http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0010/15688/Public-Interest-Disclosures-policy.pdf

http://www.legislation.nsw.gov.au/viewtop/inforce/act%2B92%2B1994%2Bcd%2B0%2BN/?autoquery=(Content%3D((%22public%20interest%20disclosure%22)))%20AND%20((Type%3D%22act%22%20AND%20Repealed%3D%22N%22)%20OR%20(Type%3D%22subordleg%22%20AND%20Repealed%3D%22N%22))%20AND%20(%22Historical%20Document%22%3D%220%22)&dq=Document%20Types%3D%22%3Cspan%20class%3D%22dq%22%3EActs%3C%2Fspan%3E%2C%20%3Cspan%20class%3D%22dq%22%3ERegs%3C%2Fspan%3E%22%2C%20Exact%20Phrase%3D%22%3Cspan%20class%3D%22dq%22%3Epublic%20interest%20disclosure%3C%2Fspan%3E%22%2C%20Search%20In%3D%22%3Cspan%20class%3D%22dq%22%3EText%3C%2Fspan%3E%22&fullquery=(((%22public%20interest%20disclosure%22)))

http://www.legislation.nsw.gov.au/viewtop/inforce/act%2B92%2B1994%2Bcd%2B0%2BN/?autoquery=(Content%3D((%22public%20interest%20disclosure%22)))%20AND%20((Type%3D%22act%22%20AND%20Repealed%3D%22N%22)%20OR%20(Type%3D%22subordleg%22%20AND%20Repealed%3D%22N%22))%20AND%20(%22Historical%20Document%22%3D%220%22)&dq=Document%20Types%3D%22%3Cspan%20class%3D%22dq%22%3EActs%3C%2Fspan%3E%2C%20%3Cspan%20class%3D%22dq%22%3ERegs%3C%2Fspan%3E%22%2C%20Exact%20Phrase%3D%22%3Cspan%20class%3D%22dq%22%3Epublic%20interest%20disclosure%3C%2Fspan%3E%22%2C%20Search%20In%3D%22%3Cspan%20class%3D%22dq%22%3EText%3C%2Fspan%3E%22&fullquery=(((%22public%20interest%20disclosure%22)))

http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0020/5816/Code-of-Conduct-Policy.pdf


Staff should not refer to their position, or wear or carry anything that identifies them as an employee of Legal Aid NSW when expressing an opinion or participating in a public debate in a private capacity.

If in doubt, a staff member should consult the Senior Communications Advisor, their Director or the CEO before making media comment. Whenever possible the staff member should advise the Senior Communications Advisor of their media contact beforehand.

Comments made on matters pertaining to union business by members of unions in their capacity as a local delegate within Legal Aid NSW or by union office holders employed by Legal Aid NSW are not intended to be affected by this policy.

9. Breaches of the Media Policy

Substantiated breaches of this policy may be considered to be breaches of the Code of Conduct.


A. Protocol for managing phone calls from the media

Media requests should generally be referred to and managed by the Senior Communications Advisor (see also section 5 of the policy above)

The exception is if the journalist is seeking basic, publicly available information on matters of a general nature, in which case staff are authorised to handle the request themselves; or if the person contacted has approval from the CEO to speak to the media about the topic at hand.

The current Senior Communications Advisor is William Verity, who can be contacted on 9219 5669 or 0436 610 649. The Senior Communications Advisor’s contact details are also available on the Legal Aid NSW website.

What to do if you receive a call from a journalist

1. Be courteous and diplomatic. 2. Ask them who they are, which media outlet they represent, what their request is

about, what their contact number (or email address) is, and how urgent the request is.

3. You can provide basic, publicly available information on matters of a general nature such as:

a. office locations and opening hours b. services available at Legal Aid NSW offices, for example, advice clinics,

alternative dispute resolution or veterans advocacy c. copies of Legal Aid NSW publications such as brochures, policy printouts or

annual reports, as long as your response is factual and you avoid making comment or giving your opinion about the information you are providing.

4. If you provide any information or printed material to a journalist, immediately advise the Senior Communications Advisor.

5. If the media inquiry relates to something other than such general information, or you are unsure whether you are authorised to provide the information requested, inform the reporter you are going to refer them to the Senior Communications Advisor.

6. Put them on hold or ask for a contact number while you contact the Senior Communications Advisor and

7. Provide the Senior Communications Advisor with the journalist's name and contact information and any information you have about their inquiry and

8. Transfer the journalist’s call to the Senior Communications Advisor, or, 9. If the Senior Communications Advisor is not available and the request is not urgent,

inform the journalist that the Senior Communications Advisor will contact him or her as soon as possible, and advise the Senior Communications Advisor of the inquiry via email or voicemail, or

10. If the Senior Communications Advisor is not available and the request is urgent, seek advice from the relevant Solicitor in Charge or Director about the most appropriate course of action.

What to do if you receive a call out of hours

If you receive an inquiry from the media out of hours, follow the steps above, and refer the matter to the Senior Communications Advisor, CEO or relevant Director unless you have prior authorisation as per the above policy to handle the inquiry personally.


B. Protocol for speaking to journalists at court

What you are allowed to tell a journalist

Legal Aid NSW staff who are solicitors and advocates are only authorised to provide basic, factual information to journalists at court; for example, the correct spelling of names, suburbs, the correct wording of charges or other factual information provided in open court.

You can only make media comment (anything more than basic, factual information) in certain circumstances, and only with the prior approval of the client (preferably in writing) and the CEO. (Client consent forms are provided at Annexure A).

If a client asks you to advise the media simply that they intend to plead guilty, or that they intend to plead not guilty, or that they intend to lodge an appeal, prior CEO approval is not necessary. However, you must have clear instructions from the client, and those instructions should be in writing if possible.

If you have been granted permission to provide media comment about a court case you are involved in, please follow the Protocol for providing media comment about a court case below.

Inhouse solicitors instructing private counsel

Private practitioners (solicitors and barristers) are not bound by Legal Aid NSW Media Policy and protocols.

However the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 and the Legal Profession Uniform Conduct (Barristers) Rules 2015 impose certain non-disclosure restrictions to which all solicitors and barristers are required to adhere.

It is appropriate for instructing inhouse solicitors to advise counsel to act on instructions from the client as appropriate. If the media inquiry in any way relates to Legal Aid NSW, the instructing inhouse solicitor should immediately obtain guidance from their Director and contact the Senior Communications Advisor.

Non-publication orders

You should not provide information to a journalist if to do so would be in breach of a legislative provision or of a non-publication order of the court.

Always treat journalists courteously and diplomatically

Even if it is only to tell them that you cannot assist them with their inquiry, always treat journalists courteously and diplomatically. Their impression of you becomes their impression of the entire organisation and that is reflected in their stories.

If need be, explain that you are unable to assist because of confidentiality requirements. Take care not to be drawn on questions that disclose instructions.

What to do before you go to court

If your case is likely to gain substantial media attention, contact the Senior Communications Advisor before going to court to discuss how to manage the media.




C. Protocol for providing media comment about a court case

What is media comment?

Media comment about a court case is anything you say to a journalist that is more than basic, factual information.

Before providing media comment, seek approval from the CEO

Legal Aid NSW staff who are solicitors and advocates may only provide media comment about a court case in certain circumstances, and only with the prior approval of the CEO.

Seek written consent from the client

Before you can make a comment about a court case, you must also have written consent from the client. (Client consent forms are at Annexure A)

Check whether there are any non-publication orders in place

You should not provide comment if to do so would be in breach of a legislative provision or of a non-publication order of the court.

Once approval is granted

In the event that you are granted authorisation to provide media comment, you must ensure that: 1. The comment you make complies with all legal and professional

requirements including:

a. Any non-disclosure requirements under the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 and the Legal Profession Uniform Conduct (Barristers) Rules 2015, which prohibit solicitors and advocates from disclosing certain information confidential to a client unless the client authorises disclosure or the practitioner is compelled by law to disclose the information. See further Rule 2 of the Law Society of New South Wales Professional Conduct and Practice Rules (2013) and New South Wales Barristers' Rules 103-104.

b. The requirements of sections 25 and 26 of the Legal Aid Commission Act 1979 relating to disclosure of information about a client's application for legal aid.

2. The comment relates directly to the client's case. 3. The comment does not relate to the wider operations and policies of Legal Aid NSW or

the Government. 4. Any facts to be mentioned in the comment have been checked.





https://www.lawsociety.com.au/sites/default/files/2018-04/UNIFORM%20CONDUCT%2C%20PRACTICE%20AND%20CPD%20RULES%202015.pdf

http://www.lawsociety.com.au/ForSolictors/professionalstandards/Ruleslegislation/803185

http://www.nswbar.asn.au/docs/webdocs/rules2.pdf

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/laca1979183/s25.html

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/laca1979183/s26.html

http://www7.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/laca1979183/


D. Protocol for handling requests to interview clients

Client confidentiality

The Law Society of NSW Professional Conduct and Practice Rules (2015) or the New South Wales Barristers' Rules prohibit solicitors and advocates from disclosing information confidential to a client unless the client authorises disclosure or the practitioner is compelled by law to disclose the information. (Client consent forms are attached at Annexure A). See further Rule 2 of the Law Society of New South Wales Professional Conduct and Practice Rules (2013) and New South Wales Barristers' Rules 75-77.

Sections 25 and 26 of the Legal Aid Commission Act 1979 restrict Legal Aid NSW staff from divulging information relating to a client's matter, including anything about the client's application for legal aid.

If a journalist contacts you directly, asking to interview a specific client

1. Tell the journalist you cannot give them the client's contact details but that you will pass the request for an interview and the journalist's contact information on to the client. Advise the journalist it is up to the client to decide whether they contact them.

2. Contact the Senior Communications Advisor and discuss the request.

3. Contact the client and outline clearly to them the risks involved in speaking to journalists (especially the risk of being misquoted, and the risk that something the client says might constitute fresh evidence that could result in an appeal). Note: client contact details can only be directly provided to journalists if the client has given written permission to do so.

4. If the client is still interested in doing the interview, offer to attend the interview (if appropriate). It might also be appropriate to ask the journalist for the interview questions prior to the interview and to vet those questions if they will do so.

If a client has given written permission for Legal Aid NSW to speak to the media

Even where a client has given written permission for a staff member to speak to the media on his or her behalf, before doing so the staff member must discuss the matter with the Senior Communications Advisor and seek approval from the CEO.

If a client has already spoken to the media and a journalist wants our comment

If a client has spoken to the media and the media then contact us wanting us to participate in an interview, the matter should be referred to the Senior Communications Advisor. The Senior Communications Advisor will talk about the issue with the CEO and decide whether it is appropriate for us to speak to the media.

https://www.lawsociety.com.au/sites/default/files/2018-04/UNIFORM%20CONDUCT%2C%20PRACTICE%20AND%20CPD%20RULES%202015.pdf








http://www.legislation.nsw.gov.au/maintop/view/inforce/act%2B78%2B1979%2Bcd%2B0%2BN


E. Protocol for media interviews

Staff should contact the Senior Communications Advisor before any interview, who will provide help, including media training, to prepare for their authorised media interview.

Generally, the following protocol applies for all interviews:

Be prepared

Ensure you have been authorised to do the interview and you understand the extent of your authorisation.

Discuss the media interview with the Senior Communications Advisor. Media interviews are always unpredictable, so it is important to be as prepared as possible. Think about the questions that you might be asked and the answers you are willing (and authorised) to give.

The Senior Communications Advisor can help you prepare for particular questions and organise media training for you, if required.

Be on time

If a media interview time has been set, ensure you do the interview at that time. If something comes up and you can't do the interview, let the Senior Communications Advisor and/or the journalist know as soon as possible and arrange to do it at a later time. This is particularly important for live to air radio or television interviews.

Treat journalists courteously and diplomatically

Their impression of you becomes their impression of the entire organisation.

Discuss with journalists only those facts you personally know about and do not provide your personal opinion or comment.

Stick to the facts and don't speculate. Do not comment on Government policy, or Legal Aid NSW policies and limit your remarks to the issues you have been authorised to speak about.

Be open and cooperative

Always tell the truth. You may be restricted in what you can say because of suppression orders, client instructions or other appropriate limitations imposed on you, but never lie or mislead.

If you don't know, help the reporter reach someone who does

It’s OK to say “I don’t know”, but tell the journalist you will find out and get back to them later. If you do not know the answer, contact the Senior Communications Advisor who can deal with the issue and find an answer to the question.

If you are undertaking an approved interview with a journalist and you are unsure whether to provide particular information, consider whether you would give a customer or a client the information requested. If you would, provide the information.


Don't use technical jargon

Be clear and concise and speak in a way that is understandable to the audience who will read, hear or see the media report.


Annexure A: Client Consent Forms

1. Client Consent - written consent

Name of client: _

Name of Media organisation:

I consent to Legal Aid NSW giving to the media organisation named above the

following information [Tick applicable options]:

o My name and contact details

o Information about how I intend to plead

o Information about whether I intend to appeal

o The following information about my court case:

I acknowledge that Legal Aid NSW has [Tick applicable option]:

o Advised me that it would be beneficial to provide the above information to the media.

o Advised me against providing the above information to the media

I acknowledge that Legal Aid NSW has advised me of the following:

o That I will have no control over how the media portrays me or my case;

o There is a risk that something I say to a journalist might constitute fresh evidence

that could be used against me in an appeal.

Signed by client:

Date:

Name of witness:

Signature of witness:

Date:


2. Client Consent - verbal consent

Name of client:

Name of Media organisation:

Date verbal consent given:

I obtained the verbal informed consent on the above date of the above-named client giving

permission for Legal Aid NSW to give the following information to the above-named media

organisation:

[Tick if applicable]

o The client’s name and contact details

o Information about how the client intends to plead

o Information about whether the client intends to appeal

o The following information about the court case:

I have advised the client (select if applicable):

o To provide the above information to the media.

o NOT to provide the above information to the media.

I have further advised the client of the following:

o That they will have no control over how the media portrays them or their case;

o There is a risk that something the client says to a journalist could constitute fresh evidence that could be used against the client in an appeal.

Signed by solicitor:

Name of solicitor:

Date:


3. Media Image Consent Form

Legal Aid NSW has invited the media to take photographs and/or film footage of a high profile event for publicity purposes. The images may be used in local or national newspapers, television, or on the internet.

Please complete this consent form and return it to the Senior Communications Advisor, Level 8, Executive Unit, Legal Aid NSW, Sydney.

Name:

Location of photograph or event:

Date of event:

I consent to my personal image appearing in the media.

Please circle your answer Yes / No

I consent to the use of my full name appearing in the photograph or film footage.

Please circle your answer Yes / No

Signature:

Date: