Attorney-General George Brandis says he only became aware on Friday that Solicitor-General Justin Gleeson had spoken with Labor frontbencher Mark Dreyfus during the election campaign.
Mr Gleeson revealed to a Senate inquiry on Friday he told Mr Dreyfus, the shadow attorney-general, he had not been consulted by Senator Brandis on a new legal direction announced in May just as parliament rose for the election campaign.
"I consider that he ought to have done so and I am shocked that he did not, particularly given the fact the government was at the time in caretaker," Senator Brandis told the hearing in Canberra.
"I cannot imagine why Mr Gleeson chose not to reveal his dealings with the opposition in the election campaign."
Senator Brandis was also concerned Mr Gleeson had told the inquiry of the fact he had been sought for advice on the composition of the Senate.
"Mr Gleeson did not seek my consent or authority to disclose that fact of advice on that topic being sought ... he ought to have done so but he did not."
Senator Brandis said he had offered on August 16 to meet with Mr Gleeson to discuss the legal services direction but Mr Gleeson had yet to respond.
"I find that curious," Senator Brandis said.
Brandis' rule on legal advice is 'radical change': Gleeson
Australia's solicitor-general says having to refer all requests for advice to the attorney-general is a "radical change in practice" and should be scrapped.
A Senate committee is looking at new guidelines ruling that no one in government, including the prime minister, could seek the solicitor-general's advice without the attorney-general's permission.
"It is a radical change in the practice, whereby a solicitor-general can do nothing, cannot even speak to a lawyer until he has received a brief with a signed consent," Solicitor-General Justin Gleeson told the committee on Friday.
"The change was introduced without the attorney-general telling me about it. The change is one which is making the function of my office exceptionally difficult."
He said he had asked Attorney-General George Brandis to withdraw the order - which amounted to a "threat" to his office - and engage in proper consultation.
I doubt Solicitor-General Gleeson and Liberal MP Ian Macdonald will be sharing a biscuit in the committee tea break. #auspol pic.twitter.com/xtWQFwbPUt — David Sharaz (@DavidSharaz) October 14, 2016
Mr Gleeson gave the example of having provided confidential advice to the prime minister earlier this year, without making it known to the attorney-general.
"I provided the advice confidentially to the prime minister," he said.
"As far as I know a copy of that advice sits only in my files and the prime minister's office."
Mr Gleeson cited another example from Thursday in which a senior government lawyer came to his office seeking urgent advice on a High Court proceeding which had questions of law attached to it.
