| Lyna Mohamad |
THE Attorney General’s Chambers (AGC) yesterday launched its first Civil Division Manuals, the Government Contracts Manual and the Civil Division Work Manual at the Golden Jubilee Hall, Law and Courts Building in Jalan Raja Isteri Pengiran Anak Saleha.
Present as guest of honour to launch the manuals was Datin Seri Paduka Hajah Hayati binti Pehin Orang Kaya Shahbandar Dato Seri Paduka Haji Mohd Salleh, the Attorney General.
The Civil Divisions Manual plays a vital role in providing quality legal advice and representation for the Government of Brunei Darussalam on a wide spectrum of legal issues, she said in her speech.
These include drafting and vetting of contracts and legal documents such as tender documents for government procurement of goods and/or services, negotiation of contracts, carrying out statutory interpretation and formulating legislative proposals, she added.
Such legislative proposals are in areas such as agriculture, finance, oil and gas, education, social welfare, employees’ provident fund, ICT, electronic transactions, civil aviation and international affairs that have an impact on relevant domestic laws.
The launch coincided with a two-day Workshop on Contractual Risks Assessment conducted by Webb Henderson, a law firm from Australia.
Both the Civil Division Manuals and the workshop were part of the AGC’s initiatives to enhance the provision of quality legal advice and representation to the government and increase understanding on the preparation for contract drafting while addressing any risks and challenges in government contracts as well as in line with the AGC’s vision to be the highest quality legal service provider to the Government of Brunei Darussalam.
The initiatives are in line with the Civil Division’s mission to ensure that government contracts are well-drafted, clear and set out its intentions in compliance with relevant laws, established rules and policies, while protecting its interests.
Datin Seri Paduka Hajah Hayati binti Pehin Orang Kaya Shahbandar Dato Seri Paduka Haji Mohd Salleh, the Attorney General, delivering her speech.
Dato Paduka Haji Mohd Juanda bin Haji Abdul Rashid, the Solicitor General at the AGC, and chairperson of the event delivering his welcoming speech. – PHOTOS: BAHYIAH BAKIR
The objective of the Government Contracts Manual is to highlight to instructing government agencies their roles and responsibilities in easing and expediting the contract drafting process. In particular, the manual sets out the information that the instructing agencies should prepare for the AGC’s reference prior to sending a request to draft or vet a contract. It also provides a guide on the Invitation to Tender process and explains the boiler plate provisions which normally appear in a government contract.
The Civil Division Work Manual, on the other hand, was published with the objective of providing a guide for the officers and staff of the Civil Division in carrying out their duties at the Attorney General’s Chambers. It is hoped that the manual which includes work flow processes and guidance to contract drafting and civil litigation, will provide clarity to new and current members of the Civil Division and allow them to perform their duties with confidence.
The launching ceremony began with the recitation of Surah Al-Fatihah followed by the welcoming remarks from the chairperson of the event, Dato Paduka Haji Mohd Juanda bin Haji Abdul Rashid, the Solicitor General at the AGC and Permanent Secretary (Law and Welfare) at the Prime Minister’s Office, and opening address by the guest of honour.
The Attorney General in her speech also said that the title of the workshop was highly relevant to the work of the Civil Division.
The manual published by the Civil Division is part of its ongoing efforts in raising awareness to instructing agencies including ministries, departments and statutory boards, particularly on managing government contracts, the Attorney General said.
As per regulation 339 of the Financial Regulations, “It is the responsibility of the heads of departments to ensure that government contracts are drawn up in accordance with current requirements, particularly with regard to the provision for guarantees, penalties, and damages.
“The main objective of this manual therefore is to give the government ministries, departments and statutory boards concise guidelines providing invaluable insight into the principles that govern contracts in Brunei Darussalam and provide them assistance in taking the most appropriate decisions in their projects and/or procurements.”
Datin Seri Paduka Hajah Hayati said that it is important for procurements/projects utilising government funds and for public purpose to be embodied and finalised in a contract.
“It is our hope that all government ministries, departments and statutory boards concerned will use this manual as a useful tool and resource, and thereby, support our joint efforts to enhance efficiency and productivity in the public service,” she added.
Topics covered in the Workshop on Contractual Risks Assessment include identifying the common mistakes and simple techniques for better contract.
It also covers topics on negotiation skills, managing inherent risks in contract management, identifying and managing risks and limitations of liability.
Two experts – Angus Henderson and Ara Margossian from Webb Henderson – will be sharing their valuable experience and knowledge at the workshop on these chosen topics.
The Government Contracts Manual will be distributed to all government ministries that will then disseminate it to the agencies under their purview.
It will also be available at the Attorney General’s Chambers’ website: www.agc.gov.bn.
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