How Model Litigant Obligations can protect from Moral Injury
| Thursday, May 21, 2026 |
| 8:00 AM - 6:00 PM |
Speaker
Ms Claudia Maclean
Director
The Adaptive Lens
How Model Litigant Obligations can protect from Moral Injury
Abstract Document
The High Court of Australia has upheld that government powers are to be exercised for the public good and that government must always act as a model litigant – or the moral exemplar.
Model Litigant Obligations (MLOs) require that government, its agencies and any external representatives engaged on its behalf must, at all times, act in a way that is beyond reproach and to a standard that others in the profession would, and should, aspire to achieve, as this is fundamental to all citizens being fairly and equally ruled by the law. MLOs apply before, during and after any litigation.
Yet recent Australian Royal Commissions have repeatedly uncovered systemic failures in the way Australian governments manage their responsibilities to, and for, vulnerable Australian citizens and their families. And many vulnerable Australians in dispute with the government - from those on the NDIS, to wounded veterans, to those in receipt of social security payments - report that the government seems to be committed to using its overwhelming litigious might to drag them through lengthy, delayed and difficult processes in the hope they will simply give up and go away.
Those same Royal Commissions have also highlighted that when families, advocates and workers have sought to raise awareness of systemic failures they have been ignored by those in senior positions, entrenching both moral failure and moral injury.
Yet it need not be this way. For those who work in government, Model Litigant Obligations can act as both sword and shield - a sword to strike against pressures that may harm citizens and others, and a shield to protect from the very pressure to do so.
This presentation will argue that independent accountability mechanisms that enable citizens to seek prompt, timely and independent investigation of government failures to act in accordance with Model Litigant Obligations can play a vital role sparing workers and those they serve from both moral and practical harms.
It will also propose that key to managing moral injury risk in the public service and beyond, is ensuring that all public servants and political representatives understand and embrace their Model Litigant Obligations.
Model Litigant Obligations (MLOs) require that government, its agencies and any external representatives engaged on its behalf must, at all times, act in a way that is beyond reproach and to a standard that others in the profession would, and should, aspire to achieve, as this is fundamental to all citizens being fairly and equally ruled by the law. MLOs apply before, during and after any litigation.
Yet recent Australian Royal Commissions have repeatedly uncovered systemic failures in the way Australian governments manage their responsibilities to, and for, vulnerable Australian citizens and their families. And many vulnerable Australians in dispute with the government - from those on the NDIS, to wounded veterans, to those in receipt of social security payments - report that the government seems to be committed to using its overwhelming litigious might to drag them through lengthy, delayed and difficult processes in the hope they will simply give up and go away.
Those same Royal Commissions have also highlighted that when families, advocates and workers have sought to raise awareness of systemic failures they have been ignored by those in senior positions, entrenching both moral failure and moral injury.
Yet it need not be this way. For those who work in government, Model Litigant Obligations can act as both sword and shield - a sword to strike against pressures that may harm citizens and others, and a shield to protect from the very pressure to do so.
This presentation will argue that independent accountability mechanisms that enable citizens to seek prompt, timely and independent investigation of government failures to act in accordance with Model Litigant Obligations can play a vital role sparing workers and those they serve from both moral and practical harms.
It will also propose that key to managing moral injury risk in the public service and beyond, is ensuring that all public servants and political representatives understand and embrace their Model Litigant Obligations.
Biography
Claudia Maclean and Rhiân Williams are the co-founders of The Adaptive Lens, a bespoke consultancy practice that specialises in systems transformation for organisations delivering human services. Grounded in human-centred design, informed by the latest developments in trauma-informed practice and culturally safe approaches, The Adaptive Lens works with organisational clients seeking to manage psycho-social safety hazards and strengthen organisational culture.
Claudia is also the Director of Yellow Legal, a legal firm that practices family law in a way which better meets families’ needs. Claudia has been practising for over 16 years, is the former Director of Legal Services and Principal Solicitor for the Women’s Legal Centre ACT and has a Masters in Family Law and an MBA in Social Impact.
Rhiân is a dispute systems design practitioner who has delivered nationally significant research projects in areas such as disability advocacy, First Nations peacemaking initiatives and coronial reform. Her works has ranged from remote Indigenous communities, to senior executives in the Australian Public service and with Defence personnel. She has developed innovative programs supporting staff engaged in complex, challenging and changing environments. Her work centres on supporting individuals, communities and organisations to create genuinely collaborative partnerships that prioritise care for all involved.
