4.12.2 Advisers' duty of care responsibilities

Advisers have a duty of care to their client (the Owner and therefore the government). This duty of care is expressed in differently in various jurisdictions, however, the intent is the same. For example, the Law Institute of Victoria, Professional Conduct and Practice Rules 2005 provides 'rules' for lawyers that could also be applied to other professional advisers:

Has a duty to supply 'to clients ... services of the highest standard unaffected by self interest.' (Ref A (iii)).

'Always deal with clients fairly, free of the influence of any interest which may conflict with a client's best interests.' (Ref p.10)

'Act honestly and fairly in client's best interests and maintain clients' confidences.' (Ref 1.1)

'A practitioner must not, in any dealings with a client ... allow an interest of the practitioner or an associate of the practitioner to conflict with the client's interests.' (Ref 9.1)

'A practitioner must seek to advance and protect the client's interests to the best of the practitioner's skill and diligence, uninfluenced by the practitioner's personal view of the client or the client's activities, and notwithstanding any threatened unpopularity or criticism of the practitioner or any other person, and always in accordance with the law including these rules.' (Ref 12.1)