Barristers may express interest in performing government work by completing the Counsel Database – Expression of Interest form at any time.
The form requires barristers to:
Submitting the expression of interest form does not guarantee that a barrister will be briefed by the CSO in any matter.
The CSO briefs in accordance with the NSW Government Equitable Briefing Policy for Women Barristers.
The Attorney General sets rates for legal representation, including for junior and senior counsel. These rates are regularly updated.
Briefs to Senior Counsel are governed by Premier’s Memorandum C2018-06.
Counsel are briefed on a daily rate basis, or an hourly rate to the maximum of the daily rate. There is no entitlement to the maximum rate.
| Year of appointment | Daily Rate | Hourly Rate |
|---|---|---|
| Year 1 | $3,500 | $350 |
| Year 2 | $4,000 | $400 |
| Year 3 | $4,500 | $450 |
| Year 4 | $5,000 | $500 |
Year 5 or later (or in exceptional circumstances with the approval of the Crown Solicitor) |
$5,400 | $540 |
Rates for engagement of junior counsel are set by the Crown Solicitor. For consistency, the Crown Solicitor has applied the Attorney General’s rates as the maximum payable to junior counsel in all matters. There is no entitlement to the maximum rate.
The CSO will generally pay the maximum rates set out in the table below to junior counsel.
| Year of appointment | Daily Rate | Hourly Rate |
|---|---|---|
| Year 1 | $1,000 | $135 |
| Year 2 | $1,200 | $160 |
| Year 3 | $1,300 | $175 |
| Year 4 | $1,400 | $185 |
| Year 5 | $1,500 | $200 |
| Year 6 | $1,600 | $215 |
| Year 7 | $1,700 | $225 |
| Year 8 | $1,800 | $240 |
| Year 9 | $1,900 | $255 |
| Year 10 | $2,000 | $265 |
| > 10 Years | $2,448 (rounded to nearest dollar) |
$326.44 |
As a NSW Government agency, CSO is required to comply with the NSW Government Travel and Transport Policy in relation to travel funded by public money.
In line with this policy, the CSO does not pay ATO allowance amounts or per diems.
The CSO’s Guide to expenses (PDF) has been developed to provide guidance on the circumstances in which the CSO is authorised to pay travel and expense claims in accordance with the overarching NSW Government policy.
Travel by counsel must be approved in advance by the instructing CSO solicitor or engagement manager.
The CSO will book all travel for business purposes through the appointed NSW Government travel management company.
The following conditions apply:
Accommodation will be standard accommodation at the lowest logical/practical rate. The CSO will book all accommodation for business purposes through the appointed NSW Government travel management company.
Expenses incurred for meals will be reimbursed only when travel includes overnight stays. Counsel may claim actual costs up to ATO reasonable limits for domestic travel expenses,
Claims must be submitted to the CSO within 30 days of travel.
Each claim must be supported by itemised tax invoices showing date, supplier, description, and amount. Credit card/bank statements alone are not acceptable as proof of expenses incurred.
ATO rates are not allowances. They set maximum reimbursement thresholds, not automatic entitlements. If your actual cost is under the ATO limit, you will be reimbursed for the actual cost only.
For the purposes of meal and travel expenses, the CSO applies the ATO Taxation Determination for reasonable amounts for domestic travel expenses:
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