90Matters outside the scope of this Part

90  Matters outside the scope of this Part

Requests under particular legislation or schemes

 (1) This Part does not apply to financial assistance under:

 (a) section 73 of the Public Service Act 1999; or

 (b) the Special Circumstances Scheme administered by the Attorney-General’s Department; or

 (c) other similar schemes.

Note 1: Section 73 of the Public Service Act 1999 enables the Public Service Minister to authorise the making of payments to a person if the Minister considers it appropriate to do so because of special circumstances that relate to, or arise out of:

(a) the payee’s employment by the Commonwealth; or

(b) another person’s employment by the Commonwealth.

 This may, for example, permit the reimbursement of certain legal costs incurred by employees.

Note 2: The Special Circumstances Scheme deals with the provision of financial assistance to employees for legal costs and related expenses in various circumstances where no other scheme is available. Funding in respect of proceedings brought by or against the employee may be provided, in accordance with the criteria specified in the guidelines for the Scheme. In 2025, information about the scheme was available on the Attorney-General’s Department’s website (https://www.ag.gov.au).

Types of challenges and proceedings 

 (2) This Part does not apply to a request for financial assistance in respect of:

 (a) an administrative law challenge that does not include a claim for damages; or 

 (b) a disciplinary proceeding against an eligible person that is initiated by, or on behalf of, the responsible entity.

Note: For paragraph (a), the costs of defending administrative law challenges are paid by the Commonwealth. However, where an administrative law challenge is coupled with a damages claim, this Part may apply in respect of the damages claim.

Division 2—Who is the decision-maker?