Level of assistanceLevel of assistance

Level of assistance

11 The assistance may involve approval to pay: (a) the costs of an employee’s legal representation or related costs of the employee’s involvement in the proceedings (for example, to travel to attend the proceedings) (b) any damages and legal costs awarded against the employee (c) a reasonable amount payable by the employee in settlement of the proceedings, and (d) a fine or penalty imposed on the employee. 11A Unless the approval expressly applies to an appeal or consideration of a possible appeal, a request for approval to give assistance is not to be taken as applying to an appeal or consideration of a possible appeal. 11B Where the approval given under paragraph 11 extends to an appeal, that approval may be revoked by notice given to the employee. 12 Approval of expenditure for an employee’s legal representation, for related costs or for legal costs payable by the employee to another party is only to be given for an amount that is reasonable, having regard to the nature of the matter. In particular, payments for counsel are to be made in accordance with the Directions on Engagement of Counsel, at Appendix D. The employing body will need to monitor the conduct of the proceedings to ensure that the employee’s costs of legal representation and other related costs and the Commonwealth’s possible ultimate exposure to liability are within reasonable limits. In addition, the employing body is to take appropriate steps to satisfy itself that any legal costs or damages payable by the employee to another party are reasonable.

Note: Even if there is no requirement to obtain legal advice in relation to a request for assistance, it may be appropriate in particular cases for an employing body to do so. In particular, this may be desirable to ensure that Commonwealth payments for an employee’s legal representation are reasonable in the circumstances. Obtaining legal advice in appropriate cases may be consistent with the duty of accountable authorities to govern in a way that promotes the proper use and management of public resources (see section 15 of the Public Governance, Performance and Accountability Act 2013).

13 Approval to pay assistance in relation to the defence of an indictable offence is to be limited initially to the preparation and conduct of committal proceedings. 14 Approval to pay assistance in the form of a fine or penalty imposed or costs awarded against the employee in criminal proceedings is not to be approved until the fine or penalty is imposed or the costs are awarded. 15 Any settlement for which assistance is given under paragraph 10 (c) above is to be in accordance with the Directions on Handling monetary claims, at Appendix C.

Note: The legal advice obtained by the employing body in respect of the settlement of a major claim under this policy may be the same advice as is provided to the employee by their legal adviser. (However, the employing body may nevertheless wish to obtain separate legal advice in some cases.)