87Purpose of this Part

87  Purpose of this Part

This Part deals with the provision of financial assistance to certain individuals who are involved in legal proceedings, inquests or inquiries, or are responding to compulsory notices, arising out of the performance of their official roles.

This Part does not confer the power to spend or grant indemnities

Providing financial assistance will involve approving expenditure, and, potentially, granting indemnities. This Part regulates how these things are to be done, but does not confer the power to do them; that power must be found elsewhere. For instance, for a decision-maker in a non-corporate Commonwealth entity:

(a) section 23 of the Public Governance, Performance and Accountability Act 2013 may confer the necessary authority to spend; and

(b) section 60 of that Act may confer the authority to grant an indemnity.  

The purpose of this Part is to guide decision-makers in the exercise of powers to spend and grant indemnities, including by specifying:

(a) the kinds of circumstances in which they may or must not approve the provision of assistance; and

(b) the kinds of factors they must take into account when doing so; and

(c) the kinds of conditions they must consider placing on approvals.