Legal Services Directions 2017
1AAppendix E applies to a request for assistance by a person who, at the time of the alleged event or occurrence, was:
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1A Appendix E applies to a request for assistance by a person who, at the time of the alleged event or occurrence, was: (a) employed in a non‑corporate Commonwealth entity (an NCCE employee) (b) employed in a Commonwealth agency that became a non‑corporate Commonwealth entity, or in a part of a Commonwealth agency that is, at the time that the request is made, within a non‑corporate Commonwealth entity (an NCCE employee) (c) a person employed by a Minister on behalf of the Commonwealth as a member of the Minister’s staff under the Members of Parliament (Staff) Act 1984 (a MOPS Act employee), or (d) a person who held a position that would, following the commencement of the Members of Parliament (Staff) Act 1984, have become subject to that Act (a MOPS Act employee). 2 These Directions do not cover administrative law challenges which do not include damages claims. The costs of defending administrative law challenges are paid by the Commonwealth. However, where an administrative law challenge is coupled with a damages claim, the Directions apply to the defence of the damages claim. 2A These Directions do not apply to disciplinary proceedings taken against an NCCE employee, or a MOPS Act employee, by the employee’s employing body. 3 Expenditure to assist a Commonwealth employee in respect of activities the employee undertakes for a corporate Commonwealth entity or Commonwealth company (in particular, by being on the board) is to be approved only to the extent that the employee is not indemnified or insured by the entity or company.
General policy General policy
General policy
4 The general policy underlying the provision of assistance to employees for legal proceedings is the prospect of some benefit to the Commonwealth (which is intended to include the employing non‑corporate Commonwealth entity, corporate Commonwealth entity or Commonwealth company) as a result of the protection of: (a) its financial interests (in particular, the avoidance or limitation of the Commonwealth’s vicarious liability), or (b) its general interests (in particular, its interest to act properly as an employer in supporting employees who have acted reasonably and responsibly in circumstances where the Commonwealth may not be vicariously liable for their actions).